In the Senate of the United States,
August 10, 2021.
Resolved, That the bill from the House of Representatives (H.R. 3684) entitled “An Act to authorize funds for Federal-aid highways, highway safety programs, and transit programs, and for other purposes.”, do pass with the following
AMENDMENT:
(b) Table of contents.—The table of contents for this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. References.
Sec. 10001. Short title.
Sec. 10002. Definitions.
Sec. 10003. Effective date.
Sec. 11101. Authorization of appropriations.
Sec. 11102. Obligation ceiling.
Sec. 11103. Definitions.
Sec. 11104. Apportionment.
Sec. 11105. National highway performance program.
Sec. 11106. Emergency relief.
Sec. 11107. Federal share payable.
Sec. 11108. Railway-highway grade crossings.
Sec. 11109. Surface transportation block grant program.
Sec. 11110. Nationally significant freight and highway projects.
Sec. 11111. Highway safety improvement program.
Sec. 11112. Federal lands transportation program.
Sec. 11113. Federal lands access program.
Sec. 11114. National highway freight program.
Sec. 11115. Congestion mitigation and air quality improvement program.
Sec. 11116. Alaska Highway.
Sec. 11117. Toll roads, bridges, tunnels, and ferries.
Sec. 11118. Bridge investment program.
Sec. 11119. Safe routes to school.
Sec. 11120. Highway use tax evasion projects.
Sec. 11121. Construction of ferry boats and ferry terminal facilities.
Sec. 11122. Vulnerable road user research.
Sec. 11123. Wildlife crossing safety.
Sec. 11124. Consolidation of programs.
Sec. 11125. GAO report.
Sec. 11126. Territorial and Puerto Rico highway program.
Sec. 11127. Nationally significant Federal lands and Tribal projects program.
Sec. 11128. Tribal high priority projects program.
Sec. 11129. Standards.
Sec. 11130. Public transportation.
Sec. 11131. Reservation of certain funds.
Sec. 11132. Rural surface transportation grant program.
Sec. 11133. Bicycle transportation and pedestrian walkways.
Sec. 11134. Recreational trails program.
Sec. 11135. Updates to Manual on Uniform Traffic Control Devices.
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.
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.
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.
Sec. 11501. Additional deposits into Highway Trust Fund.
Sec. 11502. Stopping threats on pedestrians.
Sec. 11503. Transfer and sale of toll credits.
Sec. 11504. Study of impacts on roads from self-driving vehicles.
Sec. 11505. Disaster relief mobilization study.
Sec. 11506. Appalachian Regional Commission.
Sec. 11507. Denali Commission.
Sec. 11508. Requirements for transportation projects carried out through public-private partnerships.
Sec. 11509. Reconnecting communities pilot program.
Sec. 11510. Cybersecurity tool; cyber coordinator.
Sec. 11511. Report on emerging alternative fuel vehicles and infrastructure.
Sec. 11512. Nonhighway recreational fuel study.
Sec. 11513. Buy America.
Sec. 11514. High priority corridors on the National Highway System.
Sec. 11515. Interstate weight limits.
Sec. 11516. Report on air quality improvements.
Sec. 11517. Roadside highway safety hardware.
Sec. 11518. Permeable pavements study.
Sec. 11519. Emergency relief projects.
Sec. 11520. Study on stormwater best management practices.
Sec. 11521. Stormwater best management practices reports.
Sec. 11522. Invasive plant elimination program.
Sec. 11523. Over-the-road bus tolling equity.
Sec. 11524. Bridge terminology.
Sec. 11525. Technical corrections.
Sec. 11526. Working group on covered resources.
Sec. 11527. Blood transport vehicles.
Sec. 11528. Pollinator-friendly practices on roadsides and highway rights-of-way.
Sec. 11529. Active transportation infrastructure investment program.
Sec. 11530. Highway cost allocation study.
Sec. 12001. Transportation Infrastructure Finance and Innovation Act of 1998 amendments.
Sec. 12002. Federal requirements for TIFIA eligibility and project selection.
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.
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.
Sec. 20001. Short title.
Sec. 20002. Definitions.
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.
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.
Sec. 21301. RRIF codification and reforms.
Sec. 21302. Substantive criteria and standards.
Sec. 21303. Semiannual report on transit-oriented development eligibility.
Sec. 22001. Short title.
Sec. 22101. Grants to Amtrak.
Sec. 22102. Federal Railroad Administration.
Sec. 22103. Consolidated rail infrastructure and safety improvements grants.
Sec. 22104. Railroad crossing elimination program.
Sec. 22105. Restoration and enhancement grants.
Sec. 22106. Federal-State partnership for intercity passenger rail grants.
Sec. 22107. Amtrak Office of Inspector General.
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.
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.
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.
Sec. 23001. Authorization of appropriations.
Sec. 23002. Motor carrier safety advisory committee.
Sec. 23003. Combating human trafficking.
Sec. 23004. Immobilization grant program.
Sec. 23005. Commercial motor vehicle enforcement training and support.
Sec. 23006. Study of commercial motor vehicle crash causation.
Sec. 23007. Promoting women in the trucking workforce.
Sec. 23008. State inspection of passenger-carrying commercial motor vehicles.
Sec. 23009. Truck Leasing Task Force.
Sec. 23010. Automatic emergency braking.
Sec. 23011. Underride protection.
Sec. 23012. Providers of recreational activities.
Sec. 23013. Amendments to regulations relating to transportation of household goods in interstate commerce.
Sec. 23014. Improving Federal-State motor carrier safety enforcement coordination.
Sec. 23015. Limousine research.
Sec. 23016. National Consumer Complaint Database.
Sec. 23017. Electronic logging device oversight.
Sec. 23018. Transportation of agricultural commodities and farm supplies.
Sec. 23019. Modification of restrictions on certain commercial driver’s licenses.
Sec. 23020. Report on human trafficking violations involving commercial motor vehicles.
Sec. 23021. Broker guidance relating to Federal motor carrier safety regulations.
Sec. 23022. Apprenticeship pilot program.
Sec. 23023. Limousine compliance with Federal safety standards.
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.
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.
Sec. 25001. Intelligent Transportation Systems Program Advisory Committee.
Sec. 25002. Smart Community Resource Center.
Sec. 25003. Federal support for local decisionmaking.
Sec. 25004. Bureau of Transportation Statistics.
Sec. 25005. Strengthening mobility and revolutionizing transportation grant program.
Sec. 25006. Electric vehicle working group.
Sec. 25007. Risk and system resilience.
Sec. 25008. Coordination on emerging transportation technology.
Sec. 25009. Interagency Infrastructure Permitting Improvement Center.
Sec. 25010. Rural opportunities to use transportation for economic success initiative.
Sec. 25011. Safety data initiative.
Sec. 25012. Advanced transportation research.
Sec. 25013. Open research initiative.
Sec. 25014. Transportation research and development 5-year strategic plan.
Sec. 25015. Research planning modifications.
Sec. 25016. Incorporation of Department of Transportation research.
Sec. 25017. University transportation centers program.
Sec. 25018. National travel and tourism infrastructure strategic plan.
Sec. 25019. Local hiring preference for construction jobs.
Sec. 25020. Transportation workforce development.
Sec. 25021. Intermodal Transportation Advisory Board repeal.
Sec. 25022. GAO cybersecurity recommendations.
Sec. 25023. Volpe oversight.
Sec. 25024. Modifications to grant program.
Sec. 25025. Drug-impaired driving data collection.
Sec. 25026. Report on marijuana research.
Sec. 25027. GAO study on improving the efficiency of traffic systems.
Sec. 26001. Authorization of appropriations.
Sec. 26002. Assistance for local emergency response training grant program.
Sec. 26003. Real-time emergency response information.
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.
Sec. 28001. Sport fish restoration and recreational boating safety.
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.
Sec. 40001. Definitions.
Sec. 40101. Preventing outages and enhancing the resilience of the electric grid.
Sec. 40102. Hazard mitigation using disaster assistance.
Sec. 40103. Electric grid reliability and resilience research, development, and demonstration.
Sec. 40104. Utility demand response.
Sec. 40105. Siting of interstate electric transmission facilities.
Sec. 40106. Transmission facilitation program.
Sec. 40107. Deployment of technologies to enhance grid flexibility.
Sec. 40108. State energy security plans.
Sec. 40109. State energy program.
Sec. 40110. Power marketing administration transmission borrowing authority.
Sec. 40111. Study of codes and standards for use of energy storage systems across sectors.
Sec. 40112. Demonstration of electric vehicle battery second-life applications for grid services.
Sec. 40113. Columbia Basin power management.
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.
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.
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.
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.
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.
Sec. 40331. Hydroelectric production incentives.
Sec. 40332. Hydroelectric efficiency improvement incentives.
Sec. 40333. Maintaining and enhancing hydroelectricity incentives.
Sec. 40334. Pumped storage hydropower wind and solar integration and system reliability initiative.
Sec. 40335. Authority for pumped storage hydropower development using multiple Bureau of Reclamation reservoirs.
Sec. 40336. Limitations on issuance of certain leases of power privilege.
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.
Sec. 40401. Department of Energy loan programs.
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.
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.
Sec. 40501. Definitions.
Sec. 40502. Energy efficiency revolving loan fund capitalization grant program.
Sec. 40503. Energy auditor training grant program.
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.
Sec. 40521. Future of industry program and industrial research and assessment centers.
Sec. 40522. Sustainable manufacturing initiative.
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.
Sec. 40541. Grants for energy efficiency improvements and renewable energy improvements at public school facilities.
Sec. 40542. Energy efficiency materials pilot program.
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.
Sec. 40601. Orphaned well site plugging, remediation, and restoration.
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.
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.
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.
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.
Sec. 41101. Wage rate requirements.
Sec. 41201. Office of Clean Energy Demonstrations.
Sec. 41202. Extension of Secure Rural Schools and Community Self-Determination Act of 2000.
Sec. 50001. Short title.
Sec. 50002. Definition of Administrator.
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.
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.
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.
Sec. 60201. Tribal connectivity technical amendments.
Sec. 60301. Short title.
Sec. 60302. Definitions.
Sec. 60303. Sense of Congress.
Sec. 60304. State Digital Equity Capacity Grant Program.
Sec. 60305. Digital Equity Competitive Grant Program.
Sec. 60306. Policy research, data collection, analysis and modeling, evaluation, and dissemination.
Sec. 60307. General provisions.
Sec. 60401. Enabling middle mile broadband infrastructure.
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.
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.
Sec. 70101. Indian Water Rights Settlement Completion Fund.
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.
Sec. 70301. Short title.
Sec. 70302. Reforestation following wildfires and other unplanned events.
Sec. 70303. Report.
Sec. 70401. Best practices for battery recycling and labeling guidelines.
Sec. 70402. Consumer recycling education and outreach grant program; Federal procurement.
Sec. 70501. Pilot program on use of agricultural commodities in construction and consumer products.
Sec. 70601. Short title.
Sec. 70602. Declaration of a significant incident.
Sec. 70611. Short title.
Sec. 70612. State and Local Cybersecurity Grant Program.
Sec. 70701. Value for money analysis.
Sec. 70801. Federal permitting improvement.
Sec. 70901. Short title.
Sec. 70911. Findings.
Sec. 70912. Definitions.
Sec. 70913. Identification of deficient programs.
Sec. 70914. Application of Buy America preference.
Sec. 70915. OMB guidance and standards.
Sec. 70916. Technical assistance partnership and consultation supporting Department of Transportation Buy America requirements.
Sec. 70917. Application.
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.
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.
Sec. 70951. Short title.
Sec. 70952. Findings.
Sec. 70953. Requirement of long-term contracts for domestically manufactured personal protective equipment.
Sec. 71001. Asset concessions.
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.
Sec. 80101. Extension of Highway Trust Fund expenditure authority.
Sec. 80102. Extension of highway-related taxes.
Sec. 80103. Further additional transfers to trust fund.
Sec. 80201. Extension and modification of certain superfund excise taxes.
Sec. 80301. Extension of customs user fees.
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.
Sec. 80501. Modification of automatic extension of certain deadlines in the case of taxpayers affected by Federally declared disasters.
Sec. 80502. Modifications of rules for postponing certain acts by reason of service in combat zone or contingency operation.
Sec. 80503. Tolling of time for filing a petition with the tax court.
Sec. 80504. Authority to postpone certain tax deadlines by reason of significant fires.
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.
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.
Sec. 100001. Short title.
Sec. 100002. Definitions.
Sec. 100003. Minority Business Development Agency.
Sec. 100101. Private sector development.
Sec. 100102. Public sector development.
Sec. 100103. Research and information.
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.
Sec. 100201. Annual diverse business forum on capital formation.
Sec. 100202. Agency study on alternative financing solutions.
Sec. 100203. Educational development relating to management and entrepreneurship.
Sec. 100301. Definitions.
Sec. 100302. Business centers.
Sec. 100303. Report to Congress.
Sec. 100304. Study and report.
Sec. 100401. Grants to nonprofit organizations that support minority business enterprises.
Sec. 100501. Purpose.
Sec. 100502. Composition and term.
Sec. 100503. Duties.
Sec. 100601. General duties.
Sec. 100602. Participation of Federal departments and agencies.
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.
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.
This division may be cited as the “Surface Transportation Reauthorization Act of 2021”.
In this division:
Except as otherwise provided, this division and the amendments made by this division take effect on October 1, 2021.
(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—
(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—
(B) FEDERAL LANDS TRANSPORTATION PROGRAM.—
(i) IN GENERAL.—For the Federal lands transportation program under section 203 of title 23, United States Code—
(4) TERRITORIAL AND PUERTO RICO HIGHWAY PROGRAM.—For the territorial and Puerto Rico highway program under section 165 of title 23, United States Code—
(b) Other programs.—
(1) IN GENERAL.—The following amounts are authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account):
(A) BRIDGE INVESTMENT PROGRAM.—To carry out the bridge investment program under section 124 of title 23, United States Code—
(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—
(D) RURAL SURFACE TRANSPORTATION GRANT PROGRAM.—To carry out the rural surface transportation grant program under section 173 of title 23, United States Code—
(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—
(ii) ALLOCATION.—Of the amounts made available under clause (i)—
(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.—
(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.
(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.
(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—
(F) BUREAU OF TRANSPORTATION STATISTICS.—To carry out chapter 63 of title 49, United States Code—
(3) APPLICABILITY OF TITLE 23, UNITED STATES CODE.—Amounts authorized to be appropriated by paragraph (1) shall—
(A) be available for obligation in the same manner as if those funds were apportioned under chapter 1 of title 23, United States Code, except that the Federal share of the cost of a project or activity carried out using those funds shall be 80 percent, unless otherwise expressly provided by this division (including the amendments by this division) or otherwise determined by the Secretary; and
(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—
(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)—
(C) TREATMENT.—Amounts made available under subparagraph (A) or (B) shall be available for obligation in the same manner as if those amounts were apportioned under chapter 1 of title 23, United States Code, except that those amounts shall remain available until expended.
(e) Disadvantaged business enterprises.—
(1) FINDINGS.—Congress finds that—
(A) while significant progress has occurred due to the establishment of the disadvantaged business enterprise program, discrimination and related barriers continue to pose significant obstacles for minority- and women-owned businesses seeking to do business in Federally assisted surface transportation markets across the United States;
(B) the continuing barriers described in subparagraph (A) merit the continuation of the disadvantaged business enterprise program;
(C) Congress has received and reviewed testimony and documentation of race and gender discrimination from numerous sources, including congressional hearings and roundtables, scientific reports, reports issued by public and private agencies, news stories, reports of discrimination by organizations and individuals, and discrimination lawsuits, which show that race- and gender-neutral efforts alone are insufficient to address the problem;
(D) the testimony and documentation described in subparagraph (C) demonstrate that discrimination across the United States poses a barrier to full and fair participation in surface transportation-related businesses of women business owners and minority business owners and has impacted firm development and many aspects of surface transportation-related business in the public and private markets; and
(2) DEFINITIONS.—In this subsection:
(A) SMALL BUSINESS CONCERN.—
(i) IN GENERAL.—The term “small business concern” means a small business concern (as the term is used in section 3 of the Small Business Act (15 U.S.C. 632)).
(ii) EXCLUSIONS.—The term “small business concern” does not include any concern or group of concerns controlled by the same socially and economically disadvantaged individual or individuals that have average annual gross receipts during the preceding 3 fiscal years in excess of $26,290,000, as adjusted annually by the Secretary for inflation.
(B) SOCIALLY AND ECONOMICALLY DISADVANTAGED INDIVIDUALS.—The term “socially and economically disadvantaged individuals” has the meaning given the term in section 8(d) of the Small Business Act (15 U.S.C. 637(d)) and relevant subcontracting regulations issued pursuant to that Act, except that women shall be presumed to be socially and economically disadvantaged individuals for purposes of this subsection.
(3) AMOUNTS FOR SMALL BUSINESS CONCERNS.—Except to the extent that the Secretary determines otherwise, not less than 10 percent of the amounts made available for any program under this division (other than section 14004), division C, and section 403 of title 23, United States Code, shall be expended through small business concerns owned and controlled by socially and economically disadvantaged individuals.
(4) ANNUAL LISTING OF DISADVANTAGED BUSINESS ENTERPRISES.—Each State shall annually—
(A) survey and compile a list of the small business concerns referred to in paragraph (3) in the State, including the location of the small business concerns in the State; and
(5) UNIFORM CERTIFICATION.—
(A) IN GENERAL.—The Secretary shall establish minimum uniform criteria for use by State governments in certifying whether a concern qualifies as a small business concern for the purpose of this subsection.
(6) REPORTING.—The Secretary shall establish minimum requirements for use by State governments in reporting to the Secretary—
(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
(a) General limitation.—Subject to subsection (e), and notwithstanding any other provision of law, the obligations for Federal-aid highway and highway safety construction programs shall not exceed—
(b) Exceptions.—The limitations under subsection (a) shall not apply to obligations under or for—
(2) section 147 of the Surface Transportation Assistance Act of 1978 (23 U.S.C. 144 note; 92 Stat. 2714);
(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);
(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);
(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—
(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
(3) shall determine the proportion that—
(A) the obligation authority provided by subsection (a) for the fiscal year, less the aggregate of amounts not distributed under paragraphs (1) and (2) of this subsection; bears to
(B) the total of the sums authorized to be appropriated for the Federal-aid highway and highway safety construction programs (other than sums authorized to be appropriated for provisions of law described in paragraphs (1) through (13) of subsection (b) and sums authorized to be appropriated for section 119 of title 23, United States Code, equal to the amount referred to in subsection (b)(14) for the fiscal year), less the aggregate of the amounts not distributed under paragraphs (1) and (2) of this subsection;
(4) shall distribute the obligation authority provided by subsection (a), less the aggregate amounts not distributed under paragraphs (1) and (2), for each of the programs (other than programs to which paragraph (1) applies) that are allocated by the Secretary under this division and title 23, United States Code, or apportioned by the Secretary under section 202 or 204 of that title, by multiplying—
(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—
(d) Redistribution of unused obligation authority.—Notwithstanding subsection (c), the Secretary shall, after August 1 of each of fiscal years 2022 through 2026—
(1) revise a distribution of the obligation authority made available under subsection (c) if an amount distributed cannot be obligated during that fiscal year; and
(2) redistribute sufficient amounts to those States able to obligate amounts in addition to those previously distributed during that fiscal year, giving priority to those States having large unobligated balances of funds apportioned under sections 144 (as in effect on the day before the date of enactment of MAP–21 (Public Law 112–141; 126 Stat. 405)) and 104 of title 23, United States Code.
(e) Applicability of obligation limitations to transportation research programs.—
(1) IN GENERAL.—Except as provided in paragraph (2), obligation limitations imposed by subsection (a) shall apply to contract authority for transportation research programs carried out under chapter 5 of title 23, United States Code.
(f) Redistribution of certain authorized funds.—
(1) IN GENERAL.—Not later than 30 days after the date of distribution of obligation authority under subsection (c) for each of fiscal years 2022 through 2026, the Secretary shall distribute to the States any funds (excluding funds authorized for the program under section 202 of title 23, United States Code) that—
Section 101(a) of title 23, United States Code, is amended—
(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;
(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) Administrative expenses.—Section 104(a)(1) of title 23, United States Code, is amended by striking subparagraphs (A) through (E) and inserting the following:
(b) Division among programs of State share.—Section 104(b) of title 23, United States Code, is amended in subsection (b)—
(1) in the matter preceding paragraph (1), by inserting “the carbon reduction program under section 175, to carry out subsection (c) of the PROTECT program under section 176,” before “and to carry out section 134”;
(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—
“(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—
(6) in paragraph (5)—
(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).
(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”;
(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—
(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—
(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”;
Section 119 of title 23, United States Code, is amended—
(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—
“(B) relocating roadways in a base floodplain to higher ground above projected flood elevation levels or away from slide prone areas;
Section 125 of title 23, United States Code, is amended—
(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)—
(C) by inserting after paragraph (2) the following:
“(3) PROTECTIVE FEATURES.—
“(A) IN GENERAL.—The cost of an improvement that is part of a project under this section shall be an eligible expense under this section if the improvement is a protective feature that will mitigate the risk of recurring damage or the cost of future repair from extreme weather, flooding, and other natural disasters.
“(B) PROTECTIVE FEATURES DESCRIBED.—A protective feature referred to in subparagraph (A) includes—
“(ii) relocating roadways in a floodplain to higher ground above projected flood elevation levels or away from slide prone areas;
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, ”;
(C) by adding at the end the following:
“(4) POOLED FUNDING.—Notwithstanding any other provision of law, the Secretary may waive the non-Federal share of the cost of a project or activity under section 502(b)(6) that is carried out with amounts apportioned under section 104(b)(2) after considering appropriate factors, including whether—
(3) by adding at the end the following:
“(l) Federal share flexibility pilot program.—
“(1) ESTABLISHMENT.—Not later than 180 days after the date of enactment of the Surface Transportation Reauthorization Act of 2021, the Secretary shall establish a pilot program (referred to in this subsection as the ‘pilot program’) to give States additional flexibility with respect to the Federal requirements under this section.
“(2) PROGRAM.—
“(A) IN GENERAL.—Notwithstanding any other provision of law, a State participating in the pilot program (referred to in this subsection as a ‘participating State’) may determine the Federal share on a project, multiple-project, or program basis for projects under any of the following:
“(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.
(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) 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”.
(a) In general.—Section 133 of title 23, United States Code, is amended—
(1) in subsection (b)—
(A) in paragraph (1)—
(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.
(2) in subsection (c)—
(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
(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—
“(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
(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)—
(B) in paragraph (2)(A)—
(i) by striking “activities described in subsection (b)(2) for off-system bridges” and inserting “activities described in paragraphs (1)(A) and (10) of subsection (b) for off-system bridges, projects and activities described in subsection (b)(1)(A) for the replacement of low water crossings with bridges, and projects and activities described in subsection (b)(10) for low water crossings (as defined by the Secretary),”; and
(6) in subsection (g)—
(B) by striking paragraph (1) and inserting the following:
(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—
“(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).
(b) Set-aside.—
(1) IN GENERAL.—Section 133(h) of title 23, United States Code, is amended—
(A) in paragraph (1)—
(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))—
“(B) LOCAL CONTROL.—A State may allocate up to 100 percent of the funds referred to in subparagraph (A)(i) if—
“(i) the State submits to the Secretary a plan that describes—
“(I) how funds will be allocated to counties, metropolitan planning organizations, regional transportation planning organizations as described in section 135(m), or local governments;
“(II) how the entities described in subclause (I) will carry out a competitive process to select projects for funding and report selected projects to the State;
(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);
(D) in paragraph (4)—
(iii) in subparagraph (A) (as so redesignated)—
(III) in clause (viii) (as so redesignated), by striking “responsible” and all that follows through “programs; and” and inserting a semicolon;
(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.
(E) in paragraph (5)(A), by striking “reserved under this section” and inserting “set aside under this subsection”;
(F) in paragraph (6)—
(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—
(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—
(2) STATE TRANSFERABILITY.—Section 126(b)(2) of title 23, United States Code, is amended—
(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—
(C) by adding at the end the following:
“(B) may only be transferred if the Secretary certifies that the State—
“(i) held a competition in compliance with the guidance issued to carry out section 133(h) and provided sufficient time for applicants to apply;
(a) In general.—Section 117 of title 23, United States Code, is amended—
(3) in subsection (b), by adding at the end the following:
(5) in subsection (d)—
(A) in paragraph (1)(A)—
(iii) by adding at the end the following:
“(vi) a surface transportation infrastructure project that—
(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)—
(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;
(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:
(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—
(11) by redesignating subsections (k) through (n) as subsections (l), (m), (n), and (p), respectively;
(12) by inserting after subsection (j) the following:
“(k) Efficient use of non-Federal funds.—
“(1) IN GENERAL.—Notwithstanding any other provision of law and subject to approval by the Secretary under paragraph (2)(B), in the case of any grant for a project under this section, during the period beginning on the date on which the grant recipient is selected and ending on the date on which the grant agreement is signed—
“(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—
“(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;
(13) in subsection (n) (as so redesignated), by striking paragraph (1) and inserting the following:
“(1) IN GENERAL.—Not later than 60 days before the date on which a grant is provided for a project under this section, the Secretary shall submit to the Committees on Commerce, Science, and Transportation and Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report describing the proposed grant, including—
(14) by inserting after subsection (n) (as so redesignated) the following:
“(o) Applicant notification.—
“(1) IN GENERAL.—Not later than 60 days after the date on which a grant recipient for a project under this section is selected, the Secretary shall provide to each eligible applicant not selected for that grant a written notification that the eligible applicant was not selected.
“(2) INCLUSION.—A written notification under paragraph (1) shall include an offer for a written or telephonic debrief by the Secretary that will provide—
“(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.
(15) by striking subsection (p) (as so redesignated) and inserting the following:
“(p) Reports.—
“(1) ANNUAL REPORT.—
“(A) IN GENERAL.—Notwithstanding any other provision of law, not later than 30 days after the date on which the Secretary selects a project for funding under this section, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that describes the reasons for selecting the project, based on any criteria established by the Secretary in accordance with this section.
“(B) INCLUSIONS.—The report submitted under subparagraph (A) shall specify each criterion established by the Secretary that the project meets.
“(2) COMPTROLLER GENERAL.—
“(A) ASSESSMENT.—The Comptroller General of the United States shall conduct an assessment of the establishment, solicitation, selection, and justification process with respect to the funding of projects under this section.
“(B) REPORT.—Not later than 1 year after the date of enactment of the Surface Transportation Reauthorization Act of 2021 and annually thereafter, the Comptroller General of the United States shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that describes, for each project selected to receive funding under this section—
“(3) INSPECTOR GENERAL.—Not later than 1 year after the date of enactment of the Surface Transportation Reauthorization Act of 2021 and annually thereafter, the Inspector General of the Department of Transportation shall—
“(A) conduct an assessment of the establishment, solicitation, selection, and justification process with respect to the funding of projects under this section; and
“(B) submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a final report that describes the findings of the Inspector General of the Department of Transportation with respect to the assessment conducted under subparagraph (A).
“(q) State incentives pilot program.—
“(1) ESTABLISHMENT.—There is established a pilot program to award grants to eligible applicants for projects eligible for grants under this section (referred to in this subsection as the ‘pilot program’).
“(2) PRIORITY.—In awarding grants under the pilot program, the Secretary shall give priority to an application that offers a greater non-Federal share of the cost of a project relative to other applications under the pilot program.
“(3) FEDERAL SHARE.—
“(A) IN GENERAL.—Notwithstanding any other provision of law, the Federal share of the cost of a project assisted with a grant under the pilot program may not exceed 50 percent.
“(4) RESERVATION.—
“(5) SET-ASIDES.—
“(A) SMALL PROJECTS.—
“(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;
“(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.
(b) Clerical amendment.—The analysis for chapter 1 of title 23, United States Code, is amended by striking the item relating to section 117 and inserting the following:
“117. Nationally significant multimodal freight and highway projects.”.
(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”;
(v) by striking clauses (xxvii) and (xxviii) and inserting the following:
(B) by redesignating paragraphs (9) through (12) as paragraphs (10), (12), (13), and (14), respectively;
(C) by inserting after paragraph (8) the following:
(D) by inserting after paragraph (10) (as so redesignated) the following:
“(11) SPECIFIED SAFETY PROJECT.—
“(A) IN GENERAL.—The term ‘specified safety project’ means a project carried out for the purpose of safety under any other section of this title that is consistent with the State strategic highway safety plan.
“(B) INCLUSION.—The term ‘specified safety project’ includes a project that—
“(i) promotes public awareness and informs the public regarding highway safety matters (including safety for motorcyclists, bicyclists, pedestrians, individuals with disabilities, and other road users);
(E) in paragraph (13) (as so redesignated)—
(F) by adding at the end the following:
“(15) VULNERABLE ROAD USER.—The term ‘vulnerable road user’ means a nonmotorist—
(2) in subsection (c)—
(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
(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.
(5) in subsection (g), by adding at the end the following:
“(3) VULNERABLE ROAD USER SAFETY.—If the total annual fatalities of vulnerable road users in a State represents not less than 15 percent of the total annual crash fatalities in the State, that State shall be required to obligate not less than 15 percent of the amounts apportioned to the State under section 104(b)(3) for the following fiscal year for highway safety improvement projects to address the safety of vulnerable road users.”; and
(6) by adding at the end the following:
“(l) Vulnerable road user safety assessment.—
“(1) IN GENERAL.—Not later than 2 years after the date of enactment of this subsection, each State shall complete a vulnerable road user safety assessment.
“(2) CONTENTS.—A vulnerable road user safety assessment under paragraph (1) shall include—
“(A) a quantitative analysis of vulnerable road user fatalities and serious injuries that—
“(i) includes data such as location, roadway functional classification, design speed, speed limit, and time of day;
“(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—
“(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.
(b) High-risk rural roads.—
(1) STUDY.—Not later than 2 years after the date of enactment of this Act, the Secretary shall update the study under section 1112(b)(1) of MAP–21 (23 U.S.C. 148 note; Public Law 112–141).
(2) PUBLICATION OF REPORT.—Not later than 2 years after the date of enactment of this Act, the Secretary shall publish on the website of the Department of Transportation an update to the report described in section 1112(b)(2) of MAP–21 (23 U.S.C. 148 note; Public Law 112–141).
(3) BEST PRACTICES MANUAL.—Not later than 180 days after the date on which the report is published under paragraph (2), the Secretary shall update the best practices manual described in section 1112(b)(3) of MAP–21 (23 U.S.C. 148 note; Public Law 112–141).
(a) Federal share.—Section 201 of title 23, United States Code, is amended—
(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,”;
Section 167 of title 23, United States Code, is amended—
(1) in subsection (e)—
(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.”;
(3) in subsection (i)(5)(B)—
(D) by adding at the end the following:
“(iii) for the modernization or rehabilitation of a lock and dam, if the Secretary determines that the project—
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)—
(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
(E) by adding at the end the following:
(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)—
(5) in subsection (k)(1), by striking “that reduce such fine particulate matter emissions in such area, including diesel retrofits.” and inserting “that—
(6) in subsection (l), by adding at the following:
“(3) ASSISTANCE TO METROPOLITAN PLANNING ORGANIZATIONS.—
(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).
Section 218 of title 23, United States Code, is amended to read as follows:
“(a) Recognizing the benefits that will accrue to the State of Alaska and to the United States from the reconstruction of the Alaska Highway from the Alaskan border at Beaver Creek, Yukon Territory, to Haines Junction in Canada and the Haines Cutoff Highway from Haines Junction in Canada to Haines, Alaska, the Secretary may provide for the necessary reconstruction of the highway using funds awarded through an applicable competitive grant program, if the highway meets all applicable eligibility requirements for the program, except for the specific requirements established by the agreement for the Alaska Highway Project between the Government of the United States and the Government of Canada. In addition to the funds described in the previous sentence, notwithstanding any other provision of law and on agreement with the State of Alaska, the Secretary is authorized to expend on such highway or the Alaska Marine Highway System any Federal-aid highway funds apportioned to the State of Alaska under this title at a Federal share of 100 per centum. No expenditures shall be made for the construction of the portion of such highways that are in Canada unless an agreement is in place between the Government of Canada and the Government of the United States (including an agreement in existence on the date of enactment of the Surface Transportation Reauthorization Act of 2021) that provides, in part, that the Canadian Government—
“(1) will provide, without participation of funds authorized under this title, all necessary right-of-way for the reconstruction of such highways;
“(2) will not impose any highway toll, or permit any such toll to be charged for the use of such highways by vehicles or persons;
“(3) will not levy or assess, directly or indirectly, any fee, tax, or other charge for the use of such highways by vehicles or persons from the United States that does not apply equally to vehicles or persons of Canada;
“(b) The survey and construction work undertaken in Canada pursuant to this section shall be under the general supervision of the Secretary.
“(c) For purposes of this section, the term ‘Alaska Marine Highway System’ includes all existing or planned transportation facilities and equipment in Alaska, including the lease, purchase, or construction of vessels, terminals, docks, floats, ramps, staging areas, parking lots, bridges and approaches thereto, and necessary roads.
(a) In general.—Section 129(c) of title 23, United States Code, is amended in the matter preceding paragraph (1) by striking “the construction of ferry boats and ferry terminal facilities, whether toll or free,” and inserting “the construction of ferry boats and ferry terminal facilities (including ferry maintenance facilities), whether toll or free, and the procurement of transit vehicles used exclusively as an integral part of an intermodal ferry trip,”.
(b) Diesel fuel ferry vessels.—
(a) In general.—Chapter 1 of title 23, United States Code, is amended by inserting after section 123 the following:
Ҥ 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) 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;
“(c) Grant authority.—
“(1) IN GENERAL.—In carrying out the program, the Secretary may award grants, on a competitive basis, in accordance with this section.
“(2) GRANT AMOUNTS.—Except as otherwise provided, a grant under the program shall be—
“(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—
“(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))—
“(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—
“(ii) in the case of an eligible project other than a large project, the quality rating assigned under subsection (f)(3)(A)(ii);
“(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
“(B) REQUIREMENT.—The Secretary shall—
“(i) give priority to an application for an eligible project that is located within a State for which—
“(d) Eligible entity.—The Secretary may make a grant under the program to any of the following:
“(e) Eligible project requirements.—The Secretary may make a grant under the program only to an eligible entity for an eligible project that—
“(1) in the case of a large project, the Secretary recommends for funding in the annual report on funding recommendations under subsection (g)(6), except as provided in subsection (g)(1)(B);
“(f) Competitive process and evaluation of eligible projects other than large projects.—
“(1) COMPETITIVE PROCESS.—
“(A) IN GENERAL.—The Secretary shall—
“(i) for the first fiscal year for which funds are made available for obligation under the program, not later than 60 days after the date on which the template under subparagraph (B)(i) is developed, and in subsequent fiscal years, not later than 60 days after the date on which amounts are made available for obligation under the program, solicit grant applications for eligible projects other than large projects; and
“(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—
“(B) REQUIREMENTS.—In carrying out an evaluation under subparagraph (A), the Secretary shall—
“(i) consider information on project benefits submitted by the applicant using the template developed under paragraph (1)(B)(i), including whether the project will generate, as determined by the Secretary—
“(I) costs avoided by the prevention of closure or reduced use of the bridge to be improved by the project;
“(II) in the case of a bundle of projects, benefits from executing the projects as a bundle compared to as individual projects;
“(IV) person and freight mobility benefits, including congestion reduction and reliability improvements;
“(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;
“(g) Competitive process, evaluation, and annual report for large projects.—
“(1) IN GENERAL.—
“(A) APPLICATIONS.—The Secretary shall establish an annual date by which an eligible entity submitting an application for a large project shall submit to the Secretary such information as the Secretary may require, including information described in paragraph (2), in order for a large project to be considered for a recommendation by the Secretary for funding in the next annual report under paragraph (6).
“(B) FIRST FISCAL YEAR.—Notwithstanding subparagraph (A), for the first fiscal year for which funds are made available for obligation for grants under the program, the Secretary may establish a date by which an eligible entity submitting an application for a large project shall submit to the Secretary such information as the Secretary may require, including information described in paragraph (2), in order for a large project to be considered for immediate execution of a grant agreement.
“(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—
“(4) EVALUATION.—The Secretary may recommend a large project for funding in the annual report under paragraph (6), or, in the case of the first fiscal year for which funds are made available for obligation for grants under the program, immediately execute a grant agreement for a large project, only if the Secretary evaluates the proposed project and determines that the project is justified because the project—
“(A) addresses a need to improve the condition of the bridge, as determined by the Secretary, consistent with the goals of the program under subsection (b)(2);
“(B) will generate, as determined by the Secretary—
“(i) costs avoided by the prevention of closure or reduced use of the bridge to be improved by the project;
“(ii) in the case of a bundle of projects, benefits from executing the projects as a bundle compared to as individual projects;
“(iv) person and freight mobility benefits, including congestion reduction and reliability improvements;
“(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;
“(C) is cost effective based on an analysis of whether the benefits and avoided costs described in subparagraph (B) are expected to outweigh the project costs;
“(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—
“(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).
“(6) ANNUAL REPORT ON FUNDING RECOMMENDATIONS FOR LARGE PROJECTS.—
“(A) IN GENERAL.—Not later than the first Monday in February of each year, the Secretary shall submit to the Committees on Transportation and Infrastructure and Appropriations of the House of Representatives and the Committees on Environment and Public Works and Appropriations of the Senate a report that includes—
“(i) a list of large projects that have requested a recommendation for funding under a new grant agreement from funds anticipated to be available to carry out this subsection in the next fiscal year;
“(ii) the evaluation under paragraph (4) and ratings under paragraph (5) for each project referred to in clause (i);
“(B) LIMITATIONS.—
“(i) IN GENERAL.—The Secretary shall not recommend in an annual report under this paragraph a new multiyear grant agreement provided from funds from the Highway Trust Fund unless the Secretary determines that the project can be completed using funds that are anticipated to be available from the Highway Trust Fund in future fiscal years.
“(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—
“(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
“(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—
“(B) establish the maximum amount of Federal financial assistance for the project in accordance with paragraphs (3) and (4) of subsection (c);
“(C) establish a payout schedule for the project that provides for disbursement of the full grant amount by not later than 4 fiscal years after the fiscal year in which the initial amount is provided;
“(3) SPECIAL FINANCIAL RULES.—
“(B) STATEMENT OF CONTINGENT COMMITMENT.—The agreement shall state that the contingent commitment is not an obligation of the Federal Government.
“(C) INTEREST AND OTHER FINANCING COSTS.—
“(i) IN GENERAL.—Interest and other financing costs of carrying out a part of the project within a reasonable time shall be considered a cost of carrying out the project under a multiyear grant agreement, except that eligible costs may not be more than the cost of the most favorable financing terms reasonably available for the project at the time of borrowing.
“(4) ADVANCE PAYMENT.—Notwithstanding any other provision of law, an eligible entity carrying out a large project under a multiyear grant agreement—
“(k) Undertaking parts of projects in advance under letters of no prejudice.—
“(1) IN GENERAL.—The Secretary may pay to an applicant all eligible project costs under the program, including costs for an activity for an eligible project incurred prior to the date on which the project receives funding under the program if—
“(A) before the applicant carries out the activity, the Secretary approves through a letter to the applicant the activity in the same manner as the Secretary approves other activities as eligible under the program;
“(B) a record of decision, a finding of no significant impact, or a categorical exclusion under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) has been issued for the eligible project; and
“(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.
“(l) Federally-owned bridges.—
“(m) Treatment of projects.—Notwithstanding any other provision of law, a project assisted under this section shall be treated as a project on a Federal-aid highway under this chapter.
“(n) Congressional notification.—Not later than 30 days before making a grant for an eligible project under the program, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a written notification of the proposed grant that includes—
“(o) Reports.—
“(1) ANNUAL REPORT.—Not later than August 1 of each fiscal year, the Secretary shall make available on the website of the Department of Transportation an annual report that lists each eligible project for which a grant has been provided under the program during the fiscal year.
“(2) GAO ASSESSMENT AND REPORT.—Not later than 3 years after the date of enactment of the Surface Transportation Reauthorization Act of 2021, the Comptroller General of the United States shall—
“(A) conduct an assessment of the administrative establishment, solicitation, selection, and justification process with respect to the funding of grants under the program; and
“(B) submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report that describes—
“(p) Limitation.—
(b) Clerical amendment.—The analysis for chapter 1 of title 23, United States Code, is amended by inserting after the item relating to section 123 the following:
“124. Bridge investment program.”.
(a) In general.—Chapter 2 of title 23, United States Code, is amended by inserting after section 207 the following:
“(a) Definitions.—In this section:
“(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;
“(d) Apportionment of funds.—
“(1) IN GENERAL.—Subject to paragraphs (2), (3), and (4), amounts made available to carry out this section for a fiscal year shall be apportioned among the States so that each State receives the amount equal to the proportion that—
“(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.
“(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.
“(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) Conforming amendments.—
(1) The analysis for chapter 2 of title 23, United States Code, is amended by inserting after the item relating to section 207 the following:
“208. Safe routes to school.”.
(2) Section 1404 of SAFETEA–LU (23 U.S.C. 402 note; Public Law 109–59) is repealed.
(3) The table of contents in section 1(b) of SAFETEA–LU (Public Law 109–59; 119 Stat. 1144) is amended by striking the item relating to section 1404.
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”.
Section 147 of title 23, United States Code, is amended by striking subsection (h) and inserting the following:
(a) Definitions.—In this subsection:
(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;
(c) Vulnerable road user assessments.—The Administrator shall—
(1) review each vulnerable road user safety assessment submitted by a State under section 148(l) of title 23, United States Code, and other relevant sources of data to determine what, if any, standard definitions and methods should be developed through guidance to enable a State to collect pedestrian injury and fatality data; and
(d) Submission; publication.—
(1) SUBMISSION OF PLAN.—Not later than 180 days after the date of enactment of this Act, the Administrator shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives the research plan described in subsection (b).
(2) PROGRESS UPDATES.—Not later than 2 years after the date of enactment of this Act, and biannually thereafter, the Administrator shall submit to the Committees described in paragraph (1)—
(a) 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:
Ҥ 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;
“(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—
“(c) Eligible entities.—An entity eligible to apply for a grant under the pilot program is—
“(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));
“(d) Applications.—
“(1) IN GENERAL.—To be eligible to receive a grant under the pilot program, an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require.
“(2) REQUIREMENT.—If an application under paragraph (1) is submitted by an eligible entity other than an eligible entity described in paragraph (1) or (7) of subsection (c), the application shall include documentation that the State highway agency, or an equivalent of that agency, of the State in which the eligible entity is located was consulted during the development of the application.
“(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.
“(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.
“(E) Monitoring and research to evaluate, compare effectiveness of, and identify best practices in, selected projects.
“(F) Any other criteria relevant to reducing the number of wildlife-vehicle collisions and improving habitat connectivity for terrestrial and aquatic species, as the Secretary determines to be appropriate, subject to the condition that the implementation of the pilot program shall not be delayed in the absence of action by the Secretary to identify additional criteria under this subparagraph.
“(f) Use of funds.—
“(1) IN GENERAL.—The Secretary shall ensure that a grant received under the pilot program is used for a project to reduce wildlife-vehicle collisions.
“(2) GRANT ADMINISTRATION.—
“(A) IN GENERAL.—A grant received under the pilot program shall be administered by—
“(i) in the case of a grant to a Federal land management agency or an Indian tribe (as defined in section 207(m)(1), including a Native village and a Native Corporation (as those terms are defined in section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1602))), the Federal Highway Administration, through an agreement; and
“(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—
“(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));
“(3) COMPLIANCE.—An eligible entity that receives a grant under the pilot program and enters into a partnership described in paragraph (2) shall establish measures to verify that an eligible partner that receives funds from the grant complies with the conditions of the pilot program in using those funds.
“(g) Requirement.—The Secretary shall ensure that not less than 60 percent of the amounts made available for grants under the pilot program each fiscal year are for projects located in rural areas.
“(h) Annual report to Congress.—
“(1) IN GENERAL.—Not later than December 31 of each calendar year, the Secretary shall submit to Congress, and make publicly available, a report describing the activities under the pilot program for the fiscal year that ends during that calendar year.
(2) CLERICAL AMENDMENT.—The analysis for chapter 1 of title 23, United States Code, is amended by inserting after the item relating to section 170 the following:
“171. Wildlife crossings pilot program.”.
(c) Wildlife vehicle collision reduction and habitat connectivity improvement.—
(1) IN GENERAL.—Chapter 1 of title 23, United States Code (as amended by subsection (b)(1)), is amended by adding at the end the following:
Ҥ 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—
“(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—
“(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.);
“(ii) an economic evaluation of the costs and benefits of installing highway infrastructure and other measures to mitigate damage to terrestrial and aquatic species, including the effect on jobs, property values, and economic growth to society, adjacent communities, and landowners;
“(iii) recommendations for preventing wildlife-vehicle collisions, including recommended best practices, funding resources, or other recommendations for addressing wildlife-vehicle collisions; and
“(iv) guidance, developed in consultation with Federal land management agencies and State departments of transportation, State fish and wildlife agencies, and Tribal governments that agree to participate, for developing, for each State that agrees to participate, a voluntary joint statewide transportation and wildlife action plan—
“(b) Workforce development and technical training.—
“(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—
“(2) STANDARDIZED NATIONAL DATA SYSTEM WITH VOLUNTARY TEMPLATE IMPLEMENTATION.—The Secretary shall—
“(3) REPORTS.—
“(A) METHODOLOGY.—The Secretary shall submit to Congress a report describing the standardized methodology developed under paragraph (1) not later than the later of—
“(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);
“(d) National threshold guidance.—The Secretary shall—
“(1) establish guidance, to be carried out by States on a voluntary basis, that contains a threshold for determining whether a highway shall be evaluated for potential mitigation measures to reduce wildlife-vehicle collisions and increase habitat connectivity for terrestrial and aquatic species, taking into consideration—
“(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.);
(2) CLERICAL AMENDMENT.—The analysis for chapter 1 of title 23, United States Code (as amended by subsection (b)(2)) is amended by inserting after the item relating to section 171 the following:
“172. Wildlife-vehicle collision reduction and habitat connectivity improvement.”.
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”.
(a) In general.—Section 1433 of the FAST Act (23 U.S.C. 101 note; Public Law 114–94) is repealed.
(b) Clerical amendment.—The table of contents in section 1(b) of the FAST Act (Public Law 114–94; 129 Stat. 1312) is amended by striking the item relating to section 1433.
Section 165 of title 23, United States Code, is amended—
(1) in subsection (a), by striking paragraphs (1) and (2) and inserting the following:
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:
(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—
Section 1123(h) of MAP–21 (23 U.S.C. 202 note; Public Law 112–141) is amended—
(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:
Section 109 of title 23, United States Code, is amended—
(1) in subsection (d)—
(2) in subsection (o)—
(B) by inserting at the end the following:
“(B) LOCAL JURISDICTIONS.—Notwithstanding subparagraph (A), a local jurisdiction may use a roadway design guide recognized by the Federal Highway Administration and adopted by the local jurisdiction that is different from the roadway design guide used by the State in which the local jurisdiction is located for the design of projects on all roadways under the ownership of the local jurisdiction (other than a highway on the National Highway System) for which the local jurisdiction is the project sponsor, provided that the design complies with all other applicable Federal laws.”; and
(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) Open container requirements.—Section 154(c)(2) of title 23, United States Code, is amended—
(2) by striking subparagraph (A) and inserting the following:
“(A) RESERVATION OF FUNDS.—
“(i) IN GENERAL.—On October 1, 2021, and each October 1 thereafter, in the case of a State described in clause (ii), the Secretary shall reserve an amount equal to 2.5 percent of the funds to be apportioned to the State on that date under each of paragraphs (1) and (2) of section 104(b) until the State certifies to the Secretary the means by which the State will use those reserved funds in accordance with subparagraphs (A) and (B) of paragraph (1), and paragraph (3).
(b) Repeat intoxicated driver laws.—Section 164(b)(2) of title 23, United States Code, is amended—
(2) by striking subparagraph (A) and inserting the following:
“(A) RESERVATION OF FUNDS.—
“(i) IN GENERAL.—On October 1, 2021, and each October 1 thereafter, in the case of a State described in clause (ii), the Secretary shall reserve an amount equal to 2.5 percent of the funds to be apportioned to the State on that date under each of paragraphs (1) and (2) of section 104(b) until the State certifies to the Secretary the means by which the State will use those reserved funds in accordance with subparagraphs (A) and (B) of paragraph (1), and paragraph (3).
(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:
Ҥ 173. Rural surface transportation grant program
“(b) Establishment.—
“(1) IN GENERAL.—The Secretary shall establish a rural surface transportation grant program to provide grants, on a competitive basis, to eligible entities to improve and expand the surface transportation infrastructure in rural areas.
“(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—
“(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) Eligible project costs.—An eligible entity may use funds from a grant under the program for—
“(g) Project requirements.—The Secretary may provide a grant under the program to an eligible project only if the Secretary determines that the project—
“(h) Additional considerations.—In providing grants under the program, the Secretary shall consider the extent to which an eligible project will—
“(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));
“(i) Grant amount.—Except as provided in subsection (k)(1), a grant under the program shall be in an amount that is not less than $25,000,000.
“(j) Federal share.—
“(1) IN GENERAL.—Except as provided in paragraph (2), the Federal share of the cost of a project carried out with a grant under the program may not exceed 80 percent.
“(2) FEDERAL SHARE FOR CERTAIN PROJECTS.—The Federal share of the cost of an eligible project that furthers the completion of a designated segment of the Appalachian Development Highway System under section 14501 of title 40, or addresses a surface transportation infrastructure need identified for the Denali access system program under section 309 of the Denali Commission Act of 1998 (42 U.S.C. 3121 note; Public Law 105–277) shall be up to 100 percent, as determined by the State.
“(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.
“(l) Congressional review.—
“(1) NOTIFICATION.—Not less than 60 days before providing a grant under the program, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives—
“(m) Transparency.—
“(n) Reports.—
“(1) ANNUAL REPORT.—The Secretary shall make available on the website of the Department of Transportation at the end of each fiscal year an annual report that lists each project for which a grant has been provided under the program during that fiscal year.
“(2) COMPTROLLER GENERAL.—
“(A) ASSESSMENT.—The Comptroller General of the United States shall conduct an assessment of the administrative establishment, solicitation, selection, and justification process with respect to the awarding of grants under the program for each fiscal year.
“(B) REPORT.—Each fiscal year, the Comptroller General shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that describes, for the fiscal year—
(b) Clerical amendment.—The analysis for chapter 1 of title 23, United States Code (as amended by section 11123(c)(2)), is amended by inserting after the item relating to section 172 the following:
“173. Rural surface transportation grant program.”.
Section 217 of title 23, United States Code, is amended—
(1) in subsection (a)—
(3) in subsection (e), by striking “bicycles” each place it appears and inserting “pedestrians or bicyclists”;
(4) in subsection (f), by striking “and a bicycle” and inserting “or a bicycle or shared micromobility”; and
(5) in subsection (j), by striking paragraph (2) and inserting the following:
“(2) ELECTRIC BICYCLE.—
“(A) IN GENERAL.—The term ‘electric bicycle’ means a bicycle—
“(i) equipped with fully operable pedals, a saddle or seat for the rider, and an electric motor of less than 750 watts;
“(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—
“(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—
Section 206 of title 23, United States Code, is amended by adding at the end the following:
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);
(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
(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.
(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) 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”;
(5) in subsection (k)—
(B) by inserting after paragraph (3) the following:
“(4) HOUSING COORDINATION PROCESS.—
“(A) IN GENERAL.—Within a metropolitan planning area serving a transportation management area, the transportation planning process under this section may address the integration of housing, transportation, and economic development strategies through a process that provides for effective integration, based on a cooperatively developed and implemented strategy, of new and existing transportation facilities eligible for funding under this title and chapter 53 of title 49.
“(B) COORDINATION IN INTEGRATED PLANNING PROCESS.—In carrying out the process described in subparagraph (A), a metropolitan planning organization may—
“(i) consult with—
“(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—
“(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;
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”.
(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:
Ҥ 174. State human capital plans
“(a) In general.—Not later than 18 months after the date of enactment of this section, the Secretary shall encourage each State to develop a voluntary plan, to be known as a ‘human capital plan’, that provides for the immediate and long-term personnel and workforce needs of the State with respect to the capacity of the State to deliver transportation and public infrastructure eligible under this title.
“(b) Plan contents.—
“(1) IN GENERAL.—A human capital plan developed by a State under subsection (a) shall, to the maximum extent practicable, take into consideration—
“(A) significant transportation workforce trends, needs, issues, and challenges with respect to the State;
“(B) the human capital policies, strategies, and performance measures that will guide the transportation-related workforce investment decisions of the State;
“(C) coordination with educational institutions, industry, organized labor, workforce boards, and other agencies or organizations to address the human capital transportation needs of the State;
“(D) a workforce planning strategy that identifies current and future human capital needs, including the knowledge, skills, and abilities needed to recruit and retain skilled workers in the transportation industry;
“(E) a human capital management strategy that is aligned with the transportation mission, goals, and organizational objectives of the State;
“(F) an implementation system for workforce goals focused on addressing continuity of leadership and knowledge sharing across the State;
“(G) an implementation system that addresses workforce competency gaps, particularly in mission-critical occupations;
“(H) in the case of public-private partnerships or other alternative project delivery methods to carry out the transportation program of the State, a description of workforce needs—
“(c) Plan updates.—If a State develops a human capital plan under subsection (a), the State shall update the plan not less frequently than once every 5 years.
“(d) Relationship to long-range plan.—
(b) Clerical amendment.—The analysis for chapter 1 of title 23, United States Code (as amended by section 11132(b)), is amended by inserting after the item relating to section 173 the following:
(a) Definitions.—In this section:
(b) Establishment.—
(c) Pilot program administration.—
(1) IN GENERAL.—An eligible entity participating in the prioritization process pilot program shall—
(A) use priority objectives that are developed—
(i) in the case of an urbanized area with a population of over 200,000, by the metropolitan planning organization that serves the area, in consultation with the State;
(B) assess and score projects and strategies on the basis of—
(i) the contribution and benefits of the project or strategy to each priority objective developed under subparagraph (A);
(2) REQUIREMENTS.—An eligible entity that receives a grant under the prioritization process pilot program shall use the funds as described in each of the following, as applicable:
(A) METROPOLITAN TRANSPORTATION PLANNING.—In the case of a metropolitan planning organization that serves an area with a population of over 200,000, the entity shall—
(i) develop and implement a publicly accessible, transparent prioritization process for the selection of projects for inclusion on the transportation plan for the metropolitan planning area under section 134(i) of title 23, United States Code, and section 5303(i) of title 49, United States Code, which shall—
(I) include criteria identified by the metropolitan planning organization, which may be weighted to reflect the priority objectives developed under paragraph (1)(A), that the metropolitan planning organization has determined support—
(aa) factors described in section 134(h) of title 23, United States Code, and section 5303(h) of title 49, United States Code;
(bb) targets for national performance measures under section 150(b) of title 23, United States Code;
(B) STATEWIDE TRANSPORTATION PLANNING.—In the case of a State, the State shall—
(i) develop and implement a publicly accessible, transparent process for the selection of projects for inclusion on the long-range statewide transportation plan under section 135(f) of title 23, United States Code, which shall—
(I) include criteria identified by the State, which may be weighted to reflect statewide priorities, that the State has determined support—
(C) ADDITIONAL TRANSPORTATION PLANNING.—If the eligible entity has implemented, and has in effect, the requirements under subparagraph (A) or (B), as applicable, the eligible entity may use any remaining funds from a grant provided under the pilot program for any transportation planning purpose.
(D) EXCEPTIONS TO PRIORITY RANKING.—In the case of any project that the eligible entity chooses to include or not include in the transportation improvement program under section 134(j) of title 23, United States Code, or the statewide transportation improvement program under section 135(g) of title 23, United States Code, as applicable, in a manner that is contrary to the priority ranking for that project established under subparagraph (A)(i)(III) or (B)(i)(III), the eligible entity shall make publicly available an explanation for the decision, including—
(a) Definition of metropolitan planning organization.—In this section, the term “metropolitan planning organization” has the meaning given the term in section 134(b) of title 23, United States Code.
(b) Study.—
(1) IN GENERAL.—Not later than 2 years after the date of enactment of this Act, and not less frequently than once every 5 years thereafter, the Secretary shall carry out a study that—
(A) gathers travel data and travel demand forecasts from a representative sample of States and metropolitan planning organizations;
(B) uses the data and forecasts gathered under subparagraph (A) to compare travel demand forecasts with the observed data, including—
(C) uses the information described in subparagraphs (A) and (B)—
(i) to develop best practices or guidance for States and metropolitan planning organizations to use in forecasting travel demand for future investments in transportation improvements;
(ii) to evaluate the impact of transportation investments, including new roadway capacity, on travel behavior and travel demand, including public transportation ridership, induced highway travel, and congestion;
(2) SECRETARIAL SUPPORT.—The Secretary shall seek opportunities to support the transportation planning processes under sections 134 and 135 of title 23, United States Code, through the provision of data to States and metropolitan planning organizations to improve the quality of plans, models, and forecasts described in this subsection.
(3) EVALUATION TOOL.—The Secretary shall develop a publicly available multimodal web-based tool for the purpose of enabling States and metropolitan planning organizations to evaluate the effect of investments in highway and public transportation projects on the use and conditions of all transportation assets within the State or area served by the metropolitan planning organization, as applicable.
(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)—
(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—
(2) development of a Complete Streets prioritization plan that identifies a specific list of Complete Streets projects to improve the safety, mobility, or accessibility of a street;
(3) development of transportation plans—
(A) to create a network of active transportation facilities, including sidewalks, bikeways, or pedestrian and bicycle trails, to connect neighborhoods with destinations such as workplaces, schools, residences, businesses, recreation areas, healthcare and child care services, or other community activity centers;
(B) to integrate active transportation facilities with public transportation service or improve access to public transportation;
(d) Federal share.—The Federal share of the cost of an activity carried out under this section shall be 80 percent, unless the Secretary determines that the interests of the Federal-aid highway program would be best served by decreasing or eliminating the non-Federal share.
(e) State flexibility.—A State or metropolitan planning organization, with the approval of the Secretary, may opt out of the requirements of this section if the State or metropolitan planning organization demonstrates to the Secretary, by not later than 30 days before the Secretary apportions funds for a fiscal year under section 104, that the State or metropolitan planning organization—
(a) In general.—Section 139 of title 23, United States Code, is amended—
(1) in the section heading, by striking “decisionmaking” and inserting “decisionmaking and One Federal Decision”;
(2) in subsection (a)—
(A) by redesignating paragraphs (2) through (8) as paragraphs (4), (5), (6), (8), (9), (10), and (11), respectively;
(B) by inserting after paragraph (1) the following:
“(2) AUTHORIZATION.—The term ‘authorization’ means any environmental license, permit, approval, finding, or other administrative decision related to the environmental review process that is required under Federal law to site, construct, or reconstruct a project.
“(3) ENVIRONMENTAL DOCUMENT.—The term ‘environmental document’ includes an environmental assessment, finding of no significant impact, notice of intent, environmental impact statement, or record of decision under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).”;
(C) in subparagraph (B) of paragraph (5) (as so redesignated), by striking “process for and completion of any environmental permit” and inserting “process and schedule, including a timetable for and completion of any environmental permit”; and
(D) by inserting after paragraph (6) (as so redesignated) the following:
“(7) MAJOR PROJECT.—
“(A) IN GENERAL.—The term ‘major project’ means a project for which—
“(i) multiple permits, approvals, reviews, or studies are required under a Federal law other than the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);
“(ii) the project sponsor has identified the reasonable availability of funds sufficient to complete the project;
“(iii) the project is not a covered project (as defined in section 41001 of the FAST Act (42 U.S.C. 4370m)); and
(4) in subsection (c)—
(B) by adding at the end the following:
“(7) PROCESS IMPROVEMENTS FOR PROJECTS.—
“(A) IN GENERAL.—The Secretary shall review—
“(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—
(5) in subsection (d)—
(A) in paragraph (8)—
(iv) by adding at the end the following:
“(D) EXCEPTIONS.—The lead agency may waive the application of subparagraph (A) with respect to a project if—
“(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
(B) by adding at the end the following:
“(10) TIMELY AUTHORIZATIONS FOR MAJOR PROJECTS.—
“(A) DEADLINE.—Except as provided in subparagraph (C), all authorization decisions necessary for the construction of a major project shall be completed by not later than 90 days after the date of the issuance of a record of decision for the major project.
“(B) DETAIL.—The final environmental impact statement for a major project shall include an adequate level of detail to inform decisions necessary for the role of the participating agencies and cooperating agencies in the environmental review process.
(6) in subsection (g)(1)—
(A) in subparagraph (B)—
(i) in clause (ii)(IV), by striking “schedule for and cost of” and inserting “time required by an agency to conduct an environmental review and make decisions under applicable Federal law relating to a project (including the issuance or denial of a permit or license) and the cost of”; and
(ii) by adding at the end the following:
“(iii) MAJOR PROJECT SCHEDULE.—To the maximum extent practicable and consistent with applicable Federal law, in the case of a major project, the lead agency shall develop, in concurrence with the project sponsor, a schedule for the major project that is consistent with an agency average of not more than 2 years for the completion of the environmental review process for major projects, as measured from, as applicable—
(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.
(D) by inserting after subparagraph (D) the following:
“(E) FAILURE TO MEET DEADLINE.—If a cooperating Federal agency fails to meet a deadline established under subparagraph (D)(ii)(I)—
“(i) the cooperating Federal agency shall submit to the Secretary a report that describes the reasons why the deadline was not met; and
(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.
(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.
“(q) Development of categorical exclusions.—
“(1) IN GENERAL.—Not later than 60 days after the date of enactment of this subsection, and every 4 years thereafter, the Secretary shall—
“(A) in consultation with the agencies described in paragraph (2), identify the categorical exclusions described in section 771.117 of title 23, Code of Federal Regulations (or successor regulations), that would accelerate delivery of a project if those categorical exclusions were available to those agencies;
“(3) ADOPTION OF CATEGORICAL EXCLUSIONS.—
“(A) IN GENERAL.—Not later than 1 year after the date on which the Secretary provides a list under paragraph (1)(C), an agency described in paragraph (2) shall publish a notice of proposed rulemaking to propose any categorical exclusions from the list applicable to the agency, subject to the condition that the categorical exclusion identified under paragraph (1)(A) meets the criteria for a categorical exclusion under section 1508.1 of title 40, Code of Federal Regulations (or successor regulations).
“(B) PUBLIC COMMENT.—In a notice of proposed rulemaking under subparagraph (A), the applicable agency may solicit comments on whether any of the proposed new categorical exclusions meet the criteria for a categorical exclusion under section 1508.1 of title 40, Code of Federal Regulations (or successor regulations).”.
(b) Clerical amendment.—The analysis for chapter 1 of title 23, United States Code, is amended by striking the item relating to section 139 and inserting the following:
“139. Efficient environmental reviews for project decisionmaking and One Federal Decision.”.
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.
(a) In general.—The Secretary shall amend section 630.1010(c) of title 23, Code of Federal Regulations, to ensure that only a project described in that subsection with a lane closure for 3 or more consecutive days shall be considered to be a significant project for purposes of that section.
(b) Non-Interstate projects.—Notwithstanding any other provision of law, a State shall not be required to develop or implement a transportation management plan (as described in section 630.1012 of title 23, Code of Federal Regulations (or successor regulations)) for a highway project not on the Interstate System if the project requires not more than 3 consecutive days of lane closures.
(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).
(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—
(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.
(c) Use of alternative contracting methods.—In carrying out an alternative contracting method under section 201(f) or 308(a)(4) of title 23, United States Code, the Secretary shall—
(1) in consultation with the applicable Federal land management agencies, establish clear procedures that are—
Section 1420 of the FAST Act (23 U.S.C. 101 note; Public Law 114–94) is amended—
(1) in subsection (a), by striking “and on request by a State, the Secretary may” in the matter preceding paragraph (1) and all that follows through the period at the end of paragraph (2) and inserting the following: “, on request by a State, and if in the public interest (as determined by the Secretary), the Secretary shall exercise all existing flexibilities under—
(a) Definition of template.—In this section, the term “template” means a template created by the Secretary for Federal-State stewardship and oversight agreements that—
(1) includes all standard terms found in stewardship and oversight agreements, including any terms in an attachment to the agreement;
(b) Request for comment.—
(1) IN GENERAL.—Not later than 60 days after the date of enactment of this Act, the Secretary shall publish in the Federal Register the template and a notice requesting public comment on ways to improve the template.
(2) COMMENT PERIOD.—The Secretary shall provide a period of not less than 60 days for public comment on the notice under paragraph (1).
(3) CERTAIN ISSUES.—The notice under paragraph (1) shall allow comment on any aspect of the template and shall specifically request public comment on—
(A) whether the template should be revised to delete standard terms requiring approval by the Secretary of the policies, procedures, processes, or manuals of the States, or other State actions, if Federal law (including regulations) does not specifically require an approval;
(c) Notice of action; updates.—
(1) IN GENERAL.—Not later than 1 year after the date of enactment of this Act, after considering the comments received in response to the Federal Register notice under subsection (b), the Secretary shall publish in the Federal Register a notice that—
(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.
(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.—
(f) Frequency of reviews.—Section 106(g)(3) of title 23, United States Code, is amended—
(3) by adding at the end the following:
“(B) FREQUENCY.—
“(i) IN GENERAL.—Except as provided in clauses (ii) and (iii), the Secretary shall carry out a review under subparagraph (A) not less frequently than once every 2 years.
(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.
(a) In general.—Chapter 3 of title 23, United States Code, is amended by adding at the end the following:
Ҥ 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))—
“(ii) that is—
“(b) Action required.—
“(1) IN GENERAL.—Subject to paragraph (2), not later than 45 days after the date of receipt of an application by a State for a permit, approval, or jurisdictional determination for an eligible project or activity, the head of the relevant agency shall—
“(2) EXTENSION.—The head of the relevant agency may extend the review period under paragraph (1) by not more than 30 days if the head of the relevant agency provides to the State written notice that includes an explanation of the need for the extension.
“(3) FAILURE TO ACT.—If the head of the relevant agency fails to meet a deadline under paragraph (1) or (2), as applicable, the head of the relevant agency shall—
(b) Clerical amendment.—The analysis for chapter 3 of title 23, United States Code, is amended by adding at the end the following:
“331. Evaluation of projects within an operational right-of-way.”.
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.).
“(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—
“(3) FEDERAL LAND MANAGEMENT AGENCIES ADOPTION OF EXISTING ENVIRONMENTAL REVIEW DOCUMENTS.—
“(A) IN GENERAL.—To the maximum extent practicable, if the Federal Highway Administration prepares an environmental document pursuant to paragraph (2), that environmental document shall address all areas of analysis required by a Federal land management agency.
“(B) INDEPENDENT EVALUATION.—Notwithstanding any other provision of law, a Federal land management agency shall not be required to conduct an independent evaluation to determine the adequacy of an environmental document prepared by the Federal Highway Administration pursuant to paragraph (2).
“(C) USE OF SAME DOCUMENT.—In authorizing or implementing a project, a Federal land management agency may use an environmental document previously prepared by the Federal Highway Administration for a project addressing the same or substantially the same action to the same extent that the Federal land management agency could adopt or use a document previously prepared by another Federal agency.
“(4) APPLICATION BY FEDERAL LAND MANAGEMENT AGENCIES OF CATEGORICAL EXCLUSIONS ESTABLISHED BY FEDERAL HIGHWAY ADMINISTRATION.—In carrying out requirements under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) for a project, the project sponsor may use categorical exclusions designated under that Act in the implementing regulations of the Federal Highway Administration, subject to the conditions that—
“(A) the project sponsor makes a determination, in consultation with the Federal Highway Administration, that the categorical exclusion applies to the project;
“(B) the project satisfies the conditions for a categorical exclusion under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and
(a) In general.—Chapter 1 of title 23, United States Code, is amended by inserting after section 156 the following:
Ҥ 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.
“(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—
“(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);
(b) Clerical amendment.—The analysis for chapter 1 of title 23, United States Code, is amended by inserting after the item relating to section 156 the following:
“157. National Environmental Policy Act of 1969 reporting program.”.
Section 327 of title 23, United States Code, is amended—
(1) in subsection (a)(2)(G), by inserting “, including the payment of fees awarded under section 2412 of title 28” before the period at the end;
Section 326(c)(3) of title 23, United States Code, is amended—
Section 123 of title 23, United States Code, is amended to read as follows:
Ҥ 123. Relocation of utility facilities
“(a) Definitions.—In this section:
“(1) COST OF RELOCATION.—The term ‘cost of relocation’ includes the entire amount paid by a utility properly attributable to the relocation of a utility facility, minus any increase in the value of the new facility and any salvage value derived from the old facility.
“(2) EARLY UTILITY RELOCATION PROJECT.—The term ‘early utility relocation project’ means utility relocation activities identified by the State for performance before completion of the environmental review process for the transportation project.
“(3) ENVIRONMENTAL REVIEW PROCESS.—The term ‘environmental review process’ has the meaning given the term in section 139(a).
“(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.
“(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—
“(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—
“(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—
“(v) the early utility relocation project complies with all applicable provisions of law, including regulations issued pursuant to this title;
“(vi) the early utility relocation project follows applicable financial procedures and requirements, including documentation of eligible costs and the requirements under section 109(l), but not including requirements applicable to authorization and obligation of Federal funds;
“(vii) the transportation project for which the early utility relocation project was necessitated was included in the applicable transportation improvement program under section 134 or 135;
“(viii) before the cost incurred by a State is approved for Federal participation, environmental compliance pursuant to the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) has been completed for the transportation project for which the early utility relocation project was necessitated; and
“(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—
“(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
Section 138(a) of title 23, United States Code, is amended—
(2) in the third sentence—
Section 1317(1) of MAP–21 (23 U.S.C. 109 note; Public Law 112–141) is amended—
(a) Definitions.—In this section:
(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) Certain gathering lines.—
(1) IN GENERAL.—Subject to paragraph (2), the issuance of a sundry notice or right-of-way for a gathering line and associated field compression or pumping unit that is located on Federal land or Indian land and that services any oil or gas well may be considered by the Secretary to be an action that is categorically excluded (as defined in section 1508.1 of title 40, Code of Federal Regulations (as in effect on the date of enactment of this Act)) for purposes of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) if the gathering line and associated field compression or pumping unit—
(A) are within a field or unit for which an approved land use plan or an environmental document prepared pursuant to the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) analyzed transportation of oil, natural gas, or produced water from 1 or more oil or gas wells in the field or unit as a reasonably foreseeable activity;
(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
(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”);
(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.
(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—
(b) Requirement.—Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Secretary shall submit to Congress a report on covered projects of the Department, which shall include, for each covered project—
(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;
(5) the original cost estimate for the covered project, as adjusted to reflect increases in the Consumer Price Index for All Urban Consumers, as published by the Bureau of Labor Statistics;
(6) the current cost estimate for the covered project, as adjusted to reflect increases in the Consumer Price Index for All Urban Consumers, as published by the Bureau of Labor Statistics;
(a) Purpose.—The purpose of this section is to establish a grant program to strategically deploy publicly accessible electric vehicle charging infrastructure, hydrogen fueling infrastructure, propane fueling infrastructure, and natural gas fueling infrastructure along designated alternative fuel corridors or in certain other locations that will be accessible to all drivers of electric vehicles, hydrogen vehicles, propane vehicles, and natural gas vehicles.
(b) Grant program.—Section 151 of title 23, United States Code, is amended—
(1) in subsection (a)—
(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:
(4) in subsection (e)—
(B) in paragraph (2)—
(C) by adding at the end the following:
“(3) summarizes best practices and provides guidance, developed through consultation with the Secretary of Energy, for project development of electric vehicle charging infrastructure, hydrogen fueling infrastructure, propane fueling infrastructure and natural gas fueling infrastructure at the State, Tribal, and local level to allow for the predictable deployment of that infrastructure.”; and
(5) by adding at the end the following:
“(f) Grant program.—
“(1) DEFINITION OF PRIVATE ENTITY.—In this subsection, the term ‘private entity’ means a corporation, partnership, company, or nonprofit organization.
“(2) ESTABLISHMENT.—Not later than 1 year after the date of enactment of the Surface Transportation Reauthorization Act of 2021, the Secretary shall establish a grant program to award grants to eligible entities to carry out the activities described in paragraph (6).
“(3) ELIGIBLE ENTITIES.—An entity eligible to receive a grant under this subsection is—
“(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));
“(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—
“(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;
“(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.);
“(B) an assessment of the estimated emissions that will be reduced through the use of electric vehicle charging infrastructure, hydrogen fueling infrastructure, propane fueling infrastructure, or natural gas fueling infrastructure, which shall be conducted using the Alternative Fuel Life-Cycle Environmental and Economic Transportation (AFLEET) tool developed by Argonne National Laboratory (or a successor tool).
“(5) CONSIDERATIONS.—In selecting eligible entities to receive a grant under this subsection, the Secretary shall—
“(A) consider the extent to which the application of the eligible entity would—
“(iii) enable or accelerate the construction of charging or fueling infrastructure that would be unlikely to be completed without Federal assistance;
“(iv) support a long-term competitive market for electric vehicle charging infrastructure, hydrogen fueling infrastructure, propane fueling infrastructure, or natural gas fueling infrastructure that does not significantly impair existing electric vehicle charging infrastructure, hydrogen fueling infrastructure, propane fueling infrastructure, or natural gas fueling infrastructure providers;
“(v) provide access to electric vehicle charging infrastructure, hydrogen fueling infrastructure, propane fueling infrastructure, or natural gas fueling infrastructure in areas with a current or forecasted need; and
“(vi) deploy electric vehicle charging infrastructure, hydrogen fueling infrastructure, propane fueling infrastructure, or natural gas fueling infrastructure for medium- and heavy-duty vehicles (including along the National Highway Freight Network established under section 167(c)) and in proximity to intermodal transfer stations;
“(B) ensure, to the maximum extent practicable, geographic diversity among grant recipients to ensure that electric vehicle charging infrastructure, hydrogen fueling infrastructure, propane fueling infrastructure, or natural gas fueling infrastructure is available throughout the United States;
“(C) consider whether the private entity that the eligible entity contracts with under paragraph (6)—
“(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—
“(6) USE OF FUNDS.—
“(A) IN GENERAL.—An eligible entity receiving a grant under this subsection shall only use the funds in accordance with this paragraph to contract with a private entity for acquisition and installation of publicly accessible electric vehicle charging infrastructure, hydrogen fueling infrastructure, propane fueling infrastructure, or natural gas fueling infrastructure that is directly related to the charging or fueling of a vehicle.
“(B) LOCATION OF INFRASTRUCTURE.—Any publicly accessible electric vehicle charging infrastructure, hydrogen fueling infrastructure, propane fueling infrastructure, or natural gas fueling infrastructure acquired and installed with a grant under this subsection shall be located along an alternative fuel corridor designated under this section, on the condition that any affected Indian tribes are consulted before the designation.
“(C) OPERATING ASSISTANCE.—
“(i) IN GENERAL.—Subject to clauses (ii) and (iii), an eligible entity that receives a grant under this subsection may use a portion of the funds to provide to a private entity operating assistance for the first 5 years of operations after the installation of publicly available electric vehicle charging infrastructure, hydrogen fueling infrastructure, propane fueling infrastructure, or natural gas fueling infrastructure while the facility transitions to independent system operations.
“(ii) INCLUSIONS.—Operating assistance under this subparagraph shall be limited to costs allocable to operating and maintaining the electric vehicle charging infrastructure, hydrogen fueling infrastructure, propane fueling infrastructure, or natural gas fueling infrastructure and service.
“(iii) LIMITATION.—Operating assistance under this subparagraph may not exceed the amount of a contract under subparagraph (A) to acquire and install publicly accessible electric vehicle charging infrastructure, hydrogen fueling infrastructure, propane fueling infrastructure, or natural gas fueling infrastructure.
“(D) TRAFFIC CONTROL DEVICES.—
“(i) IN GENERAL.—Subject to this paragraph, an eligible entity that receives a grant under this subsection may use a portion of the funds to acquire and install traffic control devices located in the right-of-way to provide directional information to publicly accessible electric vehicle charging infrastructure, hydrogen fueling infrastructure, propane fueling infrastructure, or natural gas fueling infrastructure acquired, installed, or operated with the grant.
“(E) REVENUE.—
“(i) IN GENERAL.—An eligible entity receiving a grant under this subsection and a private entity referred to in subparagraph (A) may enter into a cost-sharing agreement under which the private entity submits to the eligible entity a portion of the revenue from the electric vehicle charging infrastructure, hydrogen fueling infrastructure, propane fueling infrastructure, or natural gas fueling infrastructure.
“(7) CERTAIN FUELS.—The use of grants for propane fueling infrastructure under this subsection shall be limited to infrastructure for medium- and heavy-duty vehicles.
“(8) COMMUNITY GRANTS.—
“(A) IN GENERAL.—Notwithstanding paragraphs (4), (5), and (6), the Secretary shall reserve 50 percent of the amounts made available each fiscal year to carry out this section to provide grants to eligible entities in accordance with this paragraph.
“(B) APPLICATIONS.—To be eligible to receive a grant under this paragraph, an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require.
“(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—
“(G) ADDITIONAL CONSIDERATIONS.—In providing grants under this paragraph, the Secretary shall consider the extent to which the project—
“(H) PARTNERING WITH PRIVATE ENTITIES.—An eligible entity that receives a grant under this paragraph may use the grant funds to contract with a private entity for the acquisition, construction, installation, maintenance, or operation of electric vehicle charging infrastructure, hydrogen fueling infrastructure, propane fueling infrastructure, or natural gas fueling infrastructure that is directly related to the charging or fueling of a vehicle.
“(I) MAXIMUM GRANT AMOUNT.—The amount of a grant under this paragraph shall not be more than $15,000,000.
“(J) TECHNICAL ASSISTANCE.—Of the amounts reserved under subparagraph (A), the Secretary may use not more than 1 percent to provide technical assistance to eligible entities.
“(K) ADDITIONAL ACTIVITIES.—The recipient of a grant under this paragraph may use not more than 5 percent of the grant funds on educational and community engagement activities to develop and implement education programs through partnerships with schools, community organizations, and vehicle dealerships to support the use of zero-emission vehicles and associated infrastructure.
“(9) REQUIREMENTS.—
“(A) PROJECT TREATMENT.—Notwithstanding any other provision of law, any project funded by a grant under this subsection shall be treated as a project on a Federal-aid highway under this chapter.
“(10) FEDERAL SHARE.—
“(A) IN GENERAL.—The Federal share of the cost of a project carried out with a grant under this subsection shall not exceed 80 percent of the total project cost.
“(B) RESPONSIBILITY OF PRIVATE ENTITY.—As a condition of contracting with an eligible entity under paragraph (6) or (8), a private entity shall agree to pay the share of the cost of a project carried out with a grant under this subsection that is not paid by the Federal Government under subparagraph (A).
“(11) REPORT.—Not later than 3 years after the date of enactment of this subsection, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives and make publicly available a report on the progress and implementation of this subsection.”.
(a) Establishment of program.—
(1) IN GENERAL.—The Secretary shall establish a program to reduce idling at port facilities, under which the Secretary shall—
(A) study how ports and intermodal port transfer facilities would benefit from increased opportunities to reduce emissions at ports, including through the electrification of port operations;
(B) study emerging technologies and strategies that may help reduce port-related emissions from idling trucks; and
(C) coordinate and provide funding to test, evaluate, and deploy projects that reduce port-related emissions from idling trucks, including through the advancement of port electrification and improvements in efficiency, focusing on port operations, including heavy-duty commercial vehicles, and other related projects.
(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—
(4) APPLICATION; SELECTION.—
(5) REQUIREMENT.—Notwithstanding any other provision of law, any project funded by a grant under this subsection shall be treated as a project on a Federal-aid highway under chapter 1 of title 23, United States Code.
(c) Report.—Not later than 1 year after the date on which all of the projects funded with a grant under subsection (b) are completed, the Secretary shall submit to Congress a report that includes—
(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:
Ҥ 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).
“(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;
“(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;
“(H) a project or strategy that is designed to support congestion pricing, shifting transportation demand to nonpeak hours or other transportation modes, increasing vehicle occupancy rates, or otherwise reducing demand for roads, including electronic toll collection, and travel demand management strategies and programs;
“(J) a project to support deployment of alternative fuel vehicles, including—
“(d) Carbon reduction strategy.—
“(1) IN GENERAL.—Not later than 2 years after the date of enactment of the Surface Transportation Reauthorization Act of 2021, a State, in consultation with any metropolitan planning organization designated within the State, shall develop a carbon reduction strategy in accordance with this subsection.
“(2) REQUIREMENTS.—The carbon reduction strategy of a State developed under paragraph (1) shall—
“(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;
“(3) UPDATES.—The carbon reduction strategy of a State developed under paragraph (1) shall be updated not less frequently than once every 4 years.
“(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—
“(ii) in urbanized areas of the State with an urbanized population of not less than 50,000 and not more than 200,000;
“(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.
“(4) COORDINATION IN URBANIZED AREAS.—Before obligating funds for an eligible project under subsection (c) in an urbanized area that is not a transportation management area, a State shall coordinate with any metropolitan planning organization that represents the urbanized area prior to determining which activities should be carried out under the project.
“(5) CONSULTATION IN RURAL AREAS.—Before obligating funds for an eligible project under subsection (c) in a rural area, a State shall consult with any regional transportation planning organization or metropolitan planning organization that represents the rural area prior to determining which activities should be carried out under the project.
“(6) OBLIGATION AUTHORITY.—
“(A) IN GENERAL.—A State that is required to obligate in an urbanized area with an urbanized area population of 50,000 or more under this subsection funds apportioned to the State under section 104(b)(7) shall make available during the period of fiscal years 2022 through 2026 an amount of obligation authority distributed to the State for Federal-aid highways and highway safety construction programs for use in the area that is equal to the amount obtained by multiplying—
“(i) the aggregate amount of funds that the State is required to obligate in the area under this subsection during the period; and
(b) Clerical amendment.—The analysis for chapter 1 of title 23, United States Code (as amended by section 11203(b)) is amended by inserting after the item relating to section 174 the following:
“175. Carbon reduction program.”.
(a) In general.—Section 129 of title 23, United States Code, is amended by adding at the end the following:
“(d) Congestion relief program.—
“(1) DEFINITIONS.—In this subsection:
“(A) ELIGIBLE ENTITY.—The term ‘eligible entity’ means any of the following:
“(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.
“(2) ESTABLISHMENT.—The Secretary shall establish a congestion relief program to provide discretionary grants to eligible entities to advance innovative, integrated, and multimodal solutions to congestion relief in the most congested metropolitan areas of the United States.
“(3) PROGRAM GOALS.—The goals of the program are to reduce highway congestion, reduce economic and environmental costs associated with that congestion, including transportation emissions, and optimize existing highway capacity and usage of highway and transit systems through—
“(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—
“(B) deployment and operation of a system that implements or enforces high occupancy vehicle toll lanes, cordon pricing, parking pricing, or congestion pricing;
“(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.
“(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—
(b) High occupancy vehicle use of certain toll facilities.—Section 129(a) of title 23, United States Code, is amended—
(2) by inserting after paragraph (9) the following:
“(10) HIGH OCCUPANCY VEHICLE USE OF CERTAIN TOLL FACILITIES.—Notwithstanding section 102(a), in the case of a toll facility that is on the Interstate System and that is constructed or converted after the date of enactment of the Surface Transportation Reauthorization Act of 2021, the public authority with jurisdiction over the toll facility shall allow high occupancy vehicles, transit, and paratransit vehicles to use the facility at a discount rate or without charge, unless the public authority, in consultation with the Secretary, determines that the number of those vehicles using the facility reduces the travel time reliability of the facility.”.
(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:
Ҥ 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—
“(2) EVACUATION ROUTE.—The term ‘evacuation route’ means a transportation route or system that—
“(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—
“(b) Establishment.—
“(1) IN GENERAL.—The Secretary shall establish a program, to be known as the ‘Promoting Resilient Operations for Transformative, Efficient, and Cost-saving Transportation program’ or the ‘PROTECT program’.
“(2) PURPOSE.—The purpose of the program is to provide grants for resilience improvements through—
“(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—
“(c) Eligible activities for apportioned funding.—
“(1) IN GENERAL.—Except as provided in paragraph (2), funds apportioned to the State under section 104(b)(8) shall be obligated for activities eligible under subparagraph (A), (B), or (C) of subsection (d)(4).
“(2) PLANNING SET-ASIDE.—Of the funds apportioned to a State under section 104(b)(8) for each fiscal year, not less than 2 percent shall be for activities described in subsection (d)(3).
“(3) REQUIREMENTS.—
“(A) PROJECTS IN CERTAIN AREAS.—If a project under this subsection is carried out, in whole or in part, within a base floodplain, the State shall—
“(i) identify the base floodplain in which the project is to be located and disclose that information to the Secretary; and
“(ii) indicate to the Secretary whether the State plans to implement 1 or more components of the risk mitigation plan under section 322 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5165) with respect to the area.
“(B) ELIGIBILITIES.—A State shall use funds apportioned to the State under section 104(b)(8) for—
“(ii) a public transportation facility or service eligible for assistance under chapter 53 of title 49; or
“(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—
“(D) FEDERAL COST SHARE.—
“(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).
“(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:
“(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
“(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;
“(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;
“(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;
“(kk) lengthening or raising bridges to increase waterway openings, including to respond to extreme weather;
“(oo) adding scour, stream stability, coastal, and other hydraulic countermeasures, including spur dikes;
“(iii) PRIORITY.—The Secretary shall prioritize a resilience improvement grant to an eligible entity if—
“(I) the Secretary determines—
“(aa) the benefits of the eligible activity proposed to be carried out by the eligible entity exceed the costs of the activity; and
“(bb) there is a need to address the vulnerabilities of surface transportation assets of the eligible entity with a high risk of, and impacts associated with, failure due to the impacts of weather events, natural disasters, or changing conditions, such as sea level rise, wildfires, and increased flood risk; or
“(B) COMMUNITY RESILIENCE AND EVACUATION ROUTE GRANTS.—
“(i) IN GENERAL.—Using funds made available under this subsection, the Secretary shall provide community resilience and evacuation route grants to eligible entities to carry out 1 or more eligible activities under clause (ii).
“(ii) ELIGIBLE ACTIVITIES.—An eligible entity may use a community resilience and evacuation route grant under this subparagraph for 1 or more projects that strengthen and protect evacuation routes that are essential for providing and supporting evacuations caused by emergency events, including a project that—
“(I) is an eligible activity under subparagraph (A)(ii), if that eligible activity will improve an evacuation route;
“(II) ensures the ability of the evacuation route to provide safe passage during an evacuation and reduces the risk of damage to evacuation routes as a result of future emergency events, including restoring or replacing existing evacuation routes that are in poor condition or not designed to meet the anticipated demand during an emergency event, and including steps to protect routes from mud, rock, or other debris slides;
“(III) if the eligible entity notifies the Secretary that existing evacuation routes are not sufficient to adequately facilitate evacuations, including the transportation of emergency responders and recovery resources, expands the capacity of evacuation routes to swiftly and safely accommodate evacuations, including installation of—
“(IV) is for the construction of new or redundant evacuation routes, if the eligible entity notifies the Secretary that existing evacuation routes are not sufficient to adequately facilitate evacuations, including the transportation of emergency responders and recovery resources;
“(iii) PRIORITY.—The Secretary shall prioritize community resilience and evacuation route grants under this subparagraph for eligible activities that are cost-effective, as determined by the Secretary, taking into account—
“(C) AT-RISK COASTAL INFRASTRUCTURE GRANTS.—
“(i) DEFINITION OF ELIGIBLE ENTITY.—In this subparagraph, the term ‘eligible entity’ means any of the following:
“(I) A State (including the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands) in, or bordering on, the Atlantic, Pacific, or Arctic Ocean, the Gulf of Mexico, Long Island Sound, or 1 or more of the Great Lakes.
“(V) A special purpose district or public authority with a transportation function, including a port authority, in a State described in subclause (I).
“(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—
“(v) COASTAL BENEFITS.—In addition to the criteria under clause (iv), for the purpose of providing at-risk coastal infrastructure grants under this subparagraph, the Secretary shall evaluate the extent to which a project will provide—
“(5) GRANT REQUIREMENTS.—
“(A) SOLICITATIONS FOR GRANTS.—In providing grants under this subsection, the Secretary shall conduct a transparent and competitive national solicitation process to select eligible projects to receive grants under paragraph (3) and subparagraphs (A), (B), and (C) of paragraph (4).
“(B) APPLICATIONS.—
“(i) IN GENERAL.—To be eligible to receive a grant under paragraph (3) or subparagraph (A), (B), or (C) of paragraph (4), an eligible entity shall submit to the Secretary an application in such form, at such time, and containing such information as the Secretary determines to be necessary.
“(ii) PROJECTS IN CERTAIN AREAS.—If a project is proposed to be carried out by the eligible entity, in whole or in part, within a base floodplain, the eligible entity shall—
“(I) as part of the application, identify the floodplain in which the project is to be located and disclose that information to the Secretary; and
“(II) indicate in the application whether, if selected, the eligible entity will implement 1 or more components of the risk mitigation plan under section 322 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5165) with respect to the area.
“(C) ELIGIBILITIES.—The Secretary may make a grant under paragraph (3) or subparagraph (A), (B), or (C) of paragraph (4) only for—
“(ii) a public transportation facility or service eligible for assistance under chapter 53 of title 49;
“(D) SYSTEM RESILIENCE.—A project for which a grant is provided under paragraph (3) or subparagraph (A), (B), or (C) of paragraph (4) may include the use of natural infrastructure or the construction or modification of storm surge, flood protection, or aquatic ecosystem restoration elements that the Secretary determines are functionally connected to a transportation improvement, such as—
“(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.
“(F) ELIGIBLE PROJECT COSTS.—
“(i) RESILIENCE GRANT PROJECTS.—Eligible project costs for activities funded with a grant under subparagraph (A), (B), or (C) of paragraph (4) may include the costs of—
“(I) development phase activities, including planning, feasibility analysis, revenue forecasting, environmental review, preliminary engineering and design work, and other preconstruction activities; and
“(II) construction, reconstruction, rehabilitation, and acquisition of real property (including land related to the project and improvements to land), environmental mitigation, construction contingencies, acquisition of equipment directly related to improving system performance, and operational improvements.
“(ii) PLANNING GRANTS.—Eligible project costs for activities funded with a grant under paragraph (3) may include the costs of development phase activities, including planning, feasibility analysis, revenue forecasting, environmental review, preliminary engineering and design work, other preconstruction activities, and other activities consistent with carrying out the purposes of that paragraph.
“(G) LIMITATIONS.—
“(H) DISTRIBUTION OF GRANTS.—
“(i) IN GENERAL.—Subject to the availability of funds, an eligible entity may request and the Secretary may distribute funds for a grant under this subsection on a multiyear basis, as the Secretary determines to be necessary.
“(ii) RURAL SET-ASIDE.—Of the amounts made available to carry out this subsection for each fiscal year, the Secretary shall use not less than 25 percent for grants for projects located in areas that are outside an urbanized area with a population of over 200,000.
“(iii) TRIBAL SET-ASIDE.—Of the amounts made available to carry out this subsection for each fiscal year, the Secretary shall use not less than 2 percent for grants to Indian tribes (as defined in section 207(m)(1)).
“(iv) REALLOCATION.—For any fiscal year, if the Secretary determines that the amount described in clause (ii) or (iii) will not be fully utilized for the grant described in that clause, the Secretary may reallocate the unutilized funds to provide grants to other eligible entities under this subsection.
“(6) CONSULTATION.—In carrying out this subsection, the Secretary shall—
“(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—
“(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.
“(2) PLAN CONTENTS.—A resilience improvement plan referred to in paragraph (1)—
“(A) shall be for the immediate and long-range planning activities and investments of the State or metropolitan planning organization with respect to resilience of the surface transportation system within the boundaries of the State or metropolitan planning organization, as applicable;
“(B) shall demonstrate a systemic approach to surface transportation system resilience and be consistent with and complementary of the State and local mitigation plans required under section 322 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5165);
“(C) shall include a risk-based assessment of vulnerabilities of transportation assets and systems to current and future weather events and natural disasters, such as severe storms, flooding, drought, levee and dam failures, wildfire, rockslides, mudslides, sea level rise, extreme weather, including extreme temperatures, and earthquakes;
“(D) may—
“(i) designate evacuation routes and strategies, including multimodal facilities, designated with consideration for individuals without access to personal vehicles;
“(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;
“(E) shall, as appropriate—
“(i) include a description of how the plan will improve the ability of the State or metropolitan planning organization—
“(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;
“(3) NO NEW PLANNING REQUIREMENTS.—Nothing in this section requires a metropolitan planning organization or a State to develop a resilience improvement plan or to include a resilience improvement plan under the metropolitan transportation plan under section 134 or the long-range statewide transportation plan under section 135, as applicable, of the metropolitan planning organization or State.
“(f) Monitoring.—
“(1) IN GENERAL.—Not later than 18 months after the date of enactment of this section, the Secretary shall—
“(g) Reports.—
“(1) REPORTS FROM ELIGIBLE ENTITIES.—Not later than 1 year after the date on which a project carried out with a grant under subsection (d) is completed, the eligible entity that carried out the project shall submit to the Secretary a report on the results of the project and the use of the funds awarded.
“(2) REPORTS TO CONGRESS.—
“(A) ANNUAL REPORTS.—The Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives, and publish on the website of the Department of Transportation, an annual report that describes the implementation of the program during the preceding calendar year, including—
“(iv) recommendations to improve the administration of subsection (d), including whether assistance from additional or fewer agencies to carry out the program is appropriate;
(b) Clerical amendment.—The analysis for chapter 1 of title 23, United States Code (as amended by section 11403(b)), is amended by inserting after the item relating to section 175 the following:
“176. Promoting Resilient Operations for Transformative, Efficient, and Cost-saving Transportation (PROTECT) program.”.
(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.
(3) LOW-INCOME COMMUNITY.—The term “low-income community” means a census block group in which not less than 30 percent of the population lives below the poverty line (as defined in section 673 of the Community Services Block Grant Act (42 U.S.C. 9902)).
(4) POROUS PAVEMENT.—The term “porous pavement” means a paved surface with a higher than normal percentage of air voids to allow water to pass through the surface and infiltrate into the subsoil.
(6) STATE.—The term “State” has the meaning given the term in section 101(a) of title 23, United States Code.
(7) TRIBAL GOVERNMENT.—The term “Tribal government” means the recognized governing body of any Indian or Alaska Native tribe, band, nation, pueblo, village, community, component band, or component reservation, individually identified (including parenthetically) in the list published most recently as of the date of enactment of this Act pursuant to section 104 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5131).
(b) Establishment.—The Secretary shall establish a discretionary grant program, to be known as the “Healthy Streets program”, to provide grants to eligible entities—
(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.
(e) Use of funds.—An eligible entity that receives a grant under the program may use the grant funds for 1 or more of the following activities:
(1) Conducting an assessment of urban heat islands to identify hot spot areas of extreme heat or elevated air pollution.
(2) Conducting a comprehensive tree canopy assessment, which shall assess the current tree locations and canopy, including—
(3) Conducting an equity assessment by mapping tree canopy gaps, flood-prone locations, and urban heat island hot spots as compared to—
(4) Planning activities, including developing an investment plan based on the results of the assessments carried out under paragraphs (1), (2), and (3).
(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—
(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;
(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.—
(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.
(b) Clerical amendment.—The analysis for chapter 1 of title 23, United States Code, is amended by striking the item relating to section 105.
(a) Definition of bollard installation project.—In this section, the term “bollard installation project” means a project to install raised concrete or metal posts on a sidewalk adjacent to a roadway that are designed to slow or stop a motor vehicle.
(b) Establishment.—Not later than 1 year after the date of enactment of this Act and subject to the availability of appropriations, the Secretary shall establish and carry out a competitive grant pilot program to provide assistance to State departments of transportation and local government entities for bollard installation projects designed to prevent pedestrian injuries and acts of terrorism in areas used by large numbers of pedestrians.
(c) Application.—To be eligible to receive a grant under this section, a State department of transportation or local government entity shall submit to the Secretary an application at such time, in such form, and containing such information as the Secretary determines to be appropriate, which shall include, at a minimum—
(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.
(a) Definitions.—In this section:
(2) PILOT PROGRAM.—The term “pilot program” means the pilot program established under subsection (b).
(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—
(d) Selection of originating States.—
(1) APPLICATION.—In order to participate in the pilot program as an originating State, a State shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including, at a minimum, such information as is required for the Secretary to verify—
(A) the amount of unused toll credits for which the State has submitted certification to the Secretary that are available to be sold or transferred under the pilot program, including—
(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;
(e) Transfer or sale of credits.—
(1) IN GENERAL.—In carrying out the pilot program, the Secretary shall provide that an originating State may transfer or sell to a recipient State a credit not previously used by the originating State under section 120(i) of title 23, United States Code.
(2) WEBSITE SUPPORT.—The Secretary shall make available a publicly accessible website on which originating States shall post the amount of toll credits, verified under subsection (d)(1)(A), that are available for sale or transfer to a recipient State.
(3) BILATERAL TRANSACTIONS.—An originating State and a recipient State may enter into a bilateral transaction to sell or transfer verified toll credits.
(4) NOTIFICATION.—Not later than 30 days after the date on which a credit is transferred or sold, the originating State and the recipient State shall jointly submit to the Secretary a written notification of the transfer or sale, including details on—
(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.
(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—
(a) In general.—Not later than 60 days after the date of enactment of this Act, the Secretary shall initiate a study on the existing and future impacts of self-driving vehicles to transportation infrastructure, mobility, the environment, and safety, including impacts on—
(b) Contents of study.—The study under subsection (a) shall include specific recommendations for both rural and urban communities regarding the impacts of self-driving vehicles on existing transportation system capacity.
(c) Considerations.—In carrying out the study under subsection (a), the Secretary shall—
(1) consider the need for and recommend any policy changes to be undertaken by the Federal Highway Administration on the impacts of self-driving vehicles as identified under paragraph (2); and
(2) for both rural and urban communities, include a discussion of—
(A) the impacts that self-driving vehicles will have on existing transportation infrastructure, such as signage and markings, traffic lights, and highway capacity and design;
(C) infrastructure improvement needs that may be necessary for transportation infrastructure to accommodate self-driving vehicles;
(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;
(8) National Laboratories (as defined in section 2 of the Energy Policy Act of 2005 (42 U.S.C. 15801));
(a) Definition of local community.—In this section, the term “local community” means—
(b) Study.—
(1) IN GENERAL.—The Secretary shall carry out a study to determine the utility of incorporating the use of bicycles into the disaster preparedness and disaster response plans of local communities.
(2) REQUIREMENTS.—The study carried out under paragraph (1) shall include—
(A) a vulnerability assessment of the infrastructure in local communities as of the date of enactment of this Act that supports active transportation, including bicycling, walking, and personal mobility devices, with a particular focus on areas in local communities that—
(B) an evaluation of whether disaster preparedness and disaster response plans should include the use of bicycles by first responders, emergency workers, and community organization representatives—
(i) during a mandatory or voluntary evacuation ordered by a Federal, State, Tribal, or local government entity—
(C) a review of training programs for first responders, emergency workers, and community organization representatives relating to—
(i) competent bicycle skills, including the use of cargo bicycles and electric bicycles, as applicable;
(a) Definitions.—Section 14102(a)(1) of title 40, United States Code, is amended—
(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:
Ҥ 14323. Congressional notification
“(a) In general.—In the case of a project described in subsection (b), the Appalachian Regional Commission shall provide to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate notice of the award of a grant or other financial assistance not less than 3 full business days before awarding the grant or other financial assistance.
(d) High-speed broadband deployment initiative.—Section 14509 of title 40, United States Code, is amended—
(1) by striking subsection (a) and inserting the following:
“(a) In general.—The Appalachian Regional Commission may provide technical assistance, make grants, enter into contracts, or otherwise provide amounts to individuals or entities in the Appalachian region for projects and activities to increase affordable access to broadband networks throughout the Appalachian region.”;
(3) by inserting after subsection (a) the following:
(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—
(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:
Ҥ 14511. Appalachian regional energy hub initiative
“(a) In general.—The Appalachian Regional Commission may provide technical assistance to, make grants to, enter into contracts with, or otherwise provide amounts to individuals or entities in the Appalachian region for projects and activities—
“(1) to conduct research and analysis regarding the economic impact of an ethane storage hub in the Appalachian region that supports a more-effective energy market performance due to the scale of the project, such as a project with the capacity to store and distribute more than 100,000 barrels per day of hydrocarbon feedstock with a minimum gross heating value of 1,700 Btu per standard cubic foot;
“(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) CLERICAL AMENDMENT.—The analysis for subchapter I of chapter 145 of title 40, United States Code, is amended by adding at the end the following:
“14511. Appalachian regional energy hub initiative.”.
(f) Authorization of appropriations.—Section 14703 of title 40, United States Code, is amended—
(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—
(a) Definitions.—In this section:
(b) Requirements for projects carried out through public-private partnerships.—With respect to a public-private partnership, as a condition of receiving Federal financial assistance for a project, the Secretary shall require the public partner, not later than 3 years after the date of opening of the project to traffic—
(1) to conduct a review of the project, including a review of the compliance of the private partner with the terms of the public-private partnership agreement;
(c) Notification.—If the Secretary provides Federal financial assistance to a project carried out through a public-private partnership, not later than 30 days after the date on which the Federal financial assistance is first obligated, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a notification of the Federal financial assistance made available for the project.
(d) Value for money analysis.—
(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”.
(a) Definition of eligible facility.—
(b) Establishment.—The Secretary shall establish a pilot program through which an eligible entity may apply for funding, in order to restore community connectivity—
(1) to study the feasibility and impacts of removing, retrofitting, or mitigating an existing eligible facility;
(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—
(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;
(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;
(3) TECHNICAL ASSISTANCE PROGRAM.—
(A) IN GENERAL.—The Secretary may provide technical assistance described in subparagraph (B) to an eligible entity.
(4) SELECTION.—The Secretary shall—
(B) evaluate applications for a planning grant on the basis of the demonstration by the applicant that—
(i) the eligible facility is aged and is likely to need replacement or significant reconstruction within the 20-year period beginning on the date of the submission of the application;
(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—
(3) ELIGIBLE PROJECTS.—A project eligible to be carried out with a capital construction grant includes—
(4) SELECTION.—The Secretary shall—
(B) evaluate applications on the basis of—
(i) the degree to which the project will improve mobility and access through the removal of barriers;
(ii) the appropriateness of removing, retrofitting, or mitigating the eligible facility, based on current traffic patterns and the ability of the replacement facility and the regional transportation network to absorb transportation demand and provide safe mobility and access;
(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—
(e) Reports.—
(1) USDOT REPORT ON PROGRAM.—Not later than January 1, 2026, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that evaluates the program under this section, including—
(A) information about the level of applicant interest in planning grants, technical assistance under subsection (c)(3), and capital construction grants, including the extent to which overall demand exceeded available funds; and
(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—
(B) evaluates the effect of highway removal projects on the surrounding area, including impacts to the local economy, congestion effects, safety outcomes, and impacts on the movement of freight and people;
(C) evaluates the existing Federal-aid program eligibility under title 23, United States Code, for highway removal projects;
(f) Technical assistance.—Of the funds made available to carry out this section for planning grants, the Secretary may use not more than $15,000,000 during the period of fiscal years 2022 through 2026 to provide technical assistance under subsection (c)(3).
(g) Treatment of projects.—Notwithstanding any other provision of law, a project assisted under this section shall be treated as a project on a Federal-aid highway under chapter 1 of title 23, United States Code.
(a) Definitions.—In this section:
(1) ADMINISTRATOR.—The term “Administrator” means the Administrator of the Federal Highway Administration.
(2) CYBER INCIDENT.—The term “cyber incident” has the meaning given the term “incident” in section 3552 of title 44, United States Code.
(b) Cybersecurity tool.—
(1) IN GENERAL.—Not later than 2 years after the date of enactment of this Act, the Administrator shall develop a tool to assist transportation authorities in identifying, detecting, protecting against, responding to, and recovering from cyber incidents.
(2) REQUIREMENTS.—In developing the tool under paragraph (1), the Administrator shall—
(A) use the cybersecurity framework established by the National Institute of Standards and Technology and required by Executive Order 13636 of February 12, 2013 (78 Fed. Reg. 11739; relating to improving critical infrastructure cybersecurity);
(C) coordinate with the Transportation Security Administration and the Cybersecurity and Infrastructure Security Agency;
(c) Designation of cyber coordinator.—
(1) IN GENERAL.—Not later than 2 years after the date of enactment of this Act, the Administrator shall designate an office as a “cyber coordinator”, which shall be responsible for monitoring, alerting, and advising transportation authorities of cyber incidents.
(2) REQUIREMENTS.—The office designated under paragraph (1) shall, in coordination with the Transportation Security Administration and the Cybersecurity and Infrastructure Security Agency—
(A) provide to transportation authorities a secure method of notifying the Federal Highway Administration of cyber incidents;
(B) share the information collected under subparagraph (A) with the Transportation Security Administration and the Cybersecurity and Infrastructure Security Agency;
(a) Definitions.—In this section:
(b) Report.—Not later than 1 year after the date of enactment of this Act, to help guide future investments for emerging alternative fueling infrastructure, the Secretary shall submit to Congress and make publicly available a report that—
(1) includes an evaluation of emerging alternative fuel vehicles and projections for potential locations of emerging alternative fuel vehicle owners during the 5-year period beginning on the date of submission of the report;
(2) identifies areas where emerging alternative fueling infrastructure will be needed to meet the current and future needs of drivers during the 5-year period beginning on the date of submission of the report;
(3) identifies specific areas, such as a lack of pipeline infrastructure, that may impede deployment and adoption of emerging alternative fuel vehicles;
(4) includes a map that identifies concentrations of emerging alternative fuel vehicles to meet the needs of current and future emerging alternative fueling infrastructure;
(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).
(b) Assessment; report.—
(1) ASSESSMENT.—Not later than 1 year after the date of enactment of this Act and not less frequently than once every 5 years thereafter, as determined by the Secretary, the Secretary shall carry out an assessment of the best available estimate of the total amount of nonhighway recreational fuel taxes received by the Secretary of the Treasury and transferred to the Highway Trust Fund for the period covered by the assessment.
(2) REPORT.—After carrying out each assessment under paragraph (1), the Secretary shall submit to the Committees on Finance and Environment and Public Works of the Senate and the Committees on Ways and Means and Transportation and Infrastructure of the House of Representatives a report that includes—
(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—
(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.
Section 313 of title 23, United States Code, is amended—
(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;
(2) by adding at the end the following:
“(92) United States Route 421 from the interchange with Interstate Route 85 in Greensboro, North Carolina, to the interchange with Interstate Route 95 in Dunn, North Carolina.
“(93) The South Mississippi Corridor from the Louisiana and Mississippi border near Natchez, Mississippi, to Gulfport, Mississippi, shall generally follow—
“(A) United States Route 84 from the Louisiana border at the Mississippi River passing in the vicinity of Natchez, Brookhaven, Monticello, Prentiss, and Collins, Mississippi, to the logical terminus with Interstate Route 59 in the vicinity of Laurel, Mississippi, and continuing on Interstate Route 59 south to the vicinity of Hattiesburg, Mississippi; and
“(94) The Kosciusko to Gulf Coast corridor commencing at the logical terminus of Interstate Route 55 near Vaiden, Mississippi, running south and passing east of the vicinity of the Jackson Urbanized Area, connecting to United States Route 49 north of Hattiesburg, Mississippi, and generally following United States Route 49 to a logical connection with Interstate Route 10 in the vicinity of Gulfport, Mississippi.
“(95) The Interstate Route 22 spur from the vicinity of Tupelo, Mississippi, running south generally along United States Route 45 to the vicinity of Shannon, Mississippi.
“(96) The route that generally follows United States Route 412 from its intersection with Interstate Route 35 in Noble County, Oklahoma, passing through Tulsa, Oklahoma, to its intersection with Interstate Route 49 in Springdale, Arkansas.
“(97) The Louie B. Nunn Cumberland Expressway from the interchange with Interstate Route 65 in Barren County, Kentucky, east to the interchange with United States Highway 27 in Somerset, Kentucky.
“(98) The route that generally follows State Route 7 from Grenada, Mississippi, to Holly Springs, Mississippi, passing in the vicinity of Coffeeville, Water Valley, Oxford, and Abbeville, Mississippi, to its logical connection with Interstate Route 22 in the vicinity of Holly Springs, Mississippi.
“(99) The Central Louisiana Corridor commencing at the logical terminus of Louisiana Highway 8 at the Sabine River Bridge at Burrs Crossing and generally following portions of Louisiana Highway 8 to Leesville, Louisiana, and then eastward on Louisiana Highway 28, passing in the vicinity of Alexandria, Pineville, Walters, and Archie, to the logical terminus of United States Route 84 at the Mississippi River Bridge at Vidalia, Louisiana.
“(100) The Central Mississippi Corridor, including the route—
“(A) commencing at the logical terminus of United States Route 84 at the Mississippi River and then generally following portions of United States Route 84 passing in the vicinity of Natchez, Brookhaven, Monticello, Prentiss, and Collins, to Interstate Route 59 in the vicinity of Laurel, Mississippi, and continuing on Interstate Route 59 north to Interstate Route 20 and on Interstate Route 20 to the Mississippi–Alabama State border; and
“(B) commencing in the vicinity of Laurel, Mississippi, running south on Interstate Route 59 to United States Route 98 in the vicinity of Hattiesburg, connecting to United States Route 49 south then following United States Route 49 south to Interstate Route 10 in the vicinity of Gulfport and following Mississippi Route 601 southerly terminating near the Mississippi State Port at Gulfport.
“(101) The Middle Alabama Corridor including the route—
“(A) beginning at the Alabama–Mississippi border generally following portions of I–20 until following a new interstate extension paralleling United States Highway 80, specifically—
“(B) crossing Alabama Route 28 near Coatopa, Alabama, traveling eastward crossing United States Highway 43 and Alabama Route 69 near Selma, Alabama, traveling eastwards closely paralleling United States Highway 80 to the south crossing over Alabama Routes 22, 41, and 21, until its intersection with I–65 near Hope Hull, Alabama;
“(C) continuing east along the proposed Montgomery Outer Loop south of Montgomery, Alabama where it would next join with I–85 east of Montgomery, Alabama;
“(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—
(c) Numbering of parkway.—Section 1105(e)(5)(C)(i) of the Intermodal Surface Transportation Efficiency Act of 1991 (Public Law 102–240; 109 Stat. 598; 133 Stat. 3018) is amended—
(1) by striking the fifteenth sentence and inserting the following: “The route referred to in subsection (c)(84)(A) is designated as Interstate Route I–14 North. The route referred to in subsection (c)(84)(B) is designated as Interstate Route I–14 South. The Bryan/College Station, Texas loop referred to in subsection (c)(84)(C) is designated as Interstate Route I–214.”; and
(2) by adding at the end the following: “The route referred to in subsection (c)(97) is designated as Interstate Route I–365. The routes referred to in subsections (c)(84)(C), (c)(99), (c)(100), (c)(101), and (c)(102) are designated as Interstate Route I–14. The routes referred to in subparagraphs (D), (E), (F), and (G) of subsection (c)(84) and subparagraph (B) of subsection (c)(100) shall each be given separate Interstate route numbers.”.
(d) GAO report on designation of segments as part of Interstate System.—
(1) DEFINITION OF APPLICABLE SEGMENT.—In this subsection, the term “applicable segment” means the route described in paragraph (92) of section 1105(c) of the Intermodal Surface Transportation Efficiency Act of 1991 (Public Law 102–240; 105 Stat. 2032).
(2) REPORT.—
(A) IN GENERAL.—Not later than 2 years after the date on which the applicable segment is open for operations as part of the Interstate System, the Comptroller General of the United States shall submit to Congress a report on the impact, if any, during that 2-year period of allowing the continuation of weight limits that applied before the designation of the applicable segment as a route on the Interstate System.
(B) REQUIREMENTS.—The report under subparagraph (A) shall—
(i) be informed by the views and documentation provided by the State highway agency (or equivalent agency) in the State in which the applicable segment is located;
Section 127 of title 23, United States Code, is amended—
(1) in subsection (l)(3)(A)—
(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.”.
(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—
(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;
(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;
(a) In general.—To the maximum extent practicable, the Secretary shall develop a process for third party verification of full-scale crash testing results from crash test labs, including a method for formally verifying the testing outcomes and providing for an independent pass/fail determination. In establishing such a process, the Secretary shall seek to ensure the independence of crash test labs by ensuring that those labs have a clear separation between device development and testing in cases in which lab employees test devices that were developed within the parent organization of the employee.
(b) Continued issuance of eligibility letters.—Until the implementation of the process described in subsection (a) is complete, the Secretary may, and is encouraged to, ensure that the Administrator of the Federal Highway Administration continues to issue Federal-aid reimbursement eligibility letters for roadside safety hardware as a service to States.
(c) Report to congress.—
(1) IN GENERAL.—If the Secretary seeks to discontinue issuing the letters described in subsection (b), the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report at least 1 year before discontinuing the letters.
(2) INCLUSIONS.—The report described in paragraph (1) shall include a summary of the third-party verification process described in subsection (a) that will replace the Federal Highway Administration issuance of eligibility letters and any other relevant information that the Secretary deems necessary.
(a) In general.—Not later than 1 year after the date of enactment of this Act, the Secretary shall carry out a study—
(a) Definition of emergency relief project.—In this section, the term “emergency relief project” means a project carried out under the emergency relief program under section 125 of title 23, United States Code.
(b) Improving the emergency relief program.—Not later than 90 days after the date of enactment of this Act, the Secretary shall—
(1) revise the emergency relief manual of the Federal Highway Administration—
(A) to include and reflect the definition of the term “resilience” (as defined in section 101(a) of title 23, United States Code);
(a) Study.—Not later than 180 days after the date of enactment of this Act, the Secretary and the Administrator of the Environment Protection Agency shall offer to enter into an agreement with the Transportation Research Board of the National Academy of Sciences to conduct a study—
(1) to estimate pollutant loads from stormwater runoff from highways and pedestrian facilities eligible for assistance under title 23, United States Code, to inform the development of appropriate total maximum daily load (as defined in section 130.2 of title 40, Code of Federal Regulations (or successor regulations)) requirements;
(2) to provide recommendations regarding the evaluation and selection by State departments of transportation of potential stormwater management and total maximum daily load compliance strategies within a watershed, including environmental restoration and pollution abatement carried out under section 328 of title 23, United States Code (including any revisions to law (including regulations) that the Transportation Research Board determines to be appropriate); and
(3) to examine the potential for the Secretary to assist State departments of transportation in carrying out and communicating stormwater management practices for highways and pedestrian facilities that are eligible for assistance under title 23, United States Code, through information-sharing agreements, database assistance, or an administrative platform to provide the information described in paragraphs (1) and (2) to entities issued permits under the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.).
(b) Requirements.—If the Transportation Research Board enters into an agreement under subsection (a), in conducting the study under that subsection, the Transportation Research Board shall—
(1) review and supplement, as appropriate, the methodologies examined and recommended in the report of the National Academies of Sciences, Engineering, and Medicine entitled “Approaches for Determining and Complying with TMDL Requirements Related to Roadway Stormwater Runoff” and dated 2019;
(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.
(a) Definitions.—In this section:
(1) ADMINISTRATOR.—The term “Administrator” means the Administrator of the Federal Highway Administration.
(b) Reissuance.—Not later than 1 year after the date of enactment of this Act, the Administrator shall update and reissue each best management practices report to reflect new information and advancements in stormwater management.
(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.
(b) Establishment.—The Secretary shall carry out a program to provide grants to States to eliminate or control existing invasive plants or prevent introduction of or encroachment by new invasive plants along and in areas adjacent to transportation corridor rights-of-way.
(c) Application.—To be eligible to receive a grant under the program, a State shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require.
(d) Eligible activities.—
(1) IN GENERAL.—Subject to this subsection, a State that receives a grant under the program may use the grant funds to carry out activities to eliminate or control existing invasive plants or prevent introduction of or encroachment by new invasive plants along and in areas adjacent to transportation corridor rights-of-way.
(2) PRIORITIZATION OF PROJECTS.—In carrying out the program, the Secretary shall give priority to projects that utilize revegetation with native plants and wildflowers, including those that are pollinator-friendly.
(3) PROHIBITION ON CERTAIN USES OF FUNDS.—Amounts provided to a State under the program may not be used for costs relating to mowing a transportation corridor right-of-way or the adjacent area unless—
(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;
(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—
(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.
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)—
(B) in subparagraph (A) (as so designated), by striking “public transportation buses” and inserting “public transportation vehicles”; and
(C) by adding at the end the following:
“(B) REPORTS.—
“(i) IN GENERAL.—Not later than 90 days after the date of enactment of this subparagraph, a public authority that operates a toll facility shall report to the Secretary any rates, terms, or conditions for access to the toll facility by public transportation vehicles that differ from the rates, terms, or conditions applicable to over-the-road buses.
“(ii) UPDATES.—A public authority that operates a toll facility shall report to the Secretary any change to the rates, terms, or conditions for access to the toll facility by public transportation vehicles that differ from the rates, terms, or conditions applicable to over-the-road buses by not later than 30 days after the date on which the change takes effect.
“(C) ANNUAL AUDIT.—
“(i) IN GENERAL.—A public authority (as defined in section 101(a)) with jurisdiction over a toll facility shall—
(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—
(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—
(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
(d) Section 112(b)(2) of title 23, United States Code, is amended by striking “(F) (F) Subparagraphs” and inserting the following:
(e) Section 115(c) of title 23, United States Code, is amended by striking “section 135(f)” and inserting “section 135(g)”.
(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:
(l) Section 201(c)(6)(A)(ii) of title 23, United States Code, is amended by striking “(25 U.S.C. 450 et seq.)” and inserting “(25 U.S.C. 5301 et seq.)”.
(m) Section 202 of title 23, United States Code, is amended—
(1) by striking “(25 U.S.C. 450 et seq.)” each place it appears and inserting “(25 U.S.C. 5301 et seq.)”;
(2) in subsection (a)(10)(B), by striking “(25 U.S.C. 450e(b))” and inserting “(25 U.S.C. 5307(b))”; and
(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)—
(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”.
(s) Section 504(g)(6) of title 23, United States Code, is amended by striking “make grants or to” and inserting “make grants to”.
(t) The analysis for chapter 3 of title 23, United States Code, is amended by striking the item relating to section 325.
(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.
(b) Establishment.—Not later than 120 days after the date of enactment of this Act, the Secretary shall establish a working group to conduct a study on access to covered resources for infrastructure projects.
(c) Membership.—
(1) APPOINTMENT.—The Secretary shall appoint to the Working Group individuals with knowledge and expertise in the production and transportation of covered resources.
(d) Duties.—In carrying out the study required under subsection (b), the Working Group shall analyze—
(2) how the proximity of covered resources to such projects affects the cost and environmental impact of those projects;
(e) Consultation.—In carrying out the study required under subsection (b), the Working Group shall consult with, as appropriate—
(f) Reports.—
(1) WORKING GROUP REPORT.—Not later than 2 years after the date on which the Working Group is established, the Working Group shall submit to the Secretary a report that includes—
(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.
Section 166(b) of title 23, United States Code, is amended by adding at the end the following:
(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:
Ҥ 332. Pollinator-friendly practices on roadsides and highway rights-of-way
“(a) In general.—The Secretary shall establish a program to provide grants to eligible entities to carry out activities to benefit pollinators on roadsides and highway rights-of-way, including the planting and seeding of native, locally-appropriate grasses and wildflowers, including milkweed.
“(c) Application.—To be eligible to receive a grant under this section, an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including a pollinator-friendly practices plan described in subsection (d).
“(d) Pollinator-friendly practices plan.—
“(1) IN GENERAL.—An eligible entity shall include in the application under subsection (c) a plan that describes the pollinator-friendly practices that the eligible entity has implemented or plans to implement, including—
“(A) practices relating to mowing strategies that promote early successional vegetation and limit disturbance during periods of highest use by target pollinator species on roadsides and highway rights-of-way, such as—
“(iv) refraining from mowing monarch and other pollinator habitat during periods in which monarchs or other pollinators are present;
“(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;
“(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.
“(e) Award of grants.—
“(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.
(b) Clerical amendment.—The analysis for chapter 3 of title 23, United States Code (as amended by section 11309(b)), is amended by adding at the end the following:
“332. Pollinator-friendly practices on roadsides and highway rights-of-way.”.
(a) In general.—Subject to the availability of appropriations, the Secretary shall carry out an active transportation infrastructure investment program to make grants, on a competitive basis, to eligible organizations to construct eligible projects to provide safe and connected active transportation facilities in an active transportation network or active transportation spine.
(b) Application.—
(1) IN GENERAL.—To be eligible to receive a grant under this section, an eligible organization shall submit to the Secretary an application in such manner and containing such information as the Secretary may require.
(2) ELIGIBLE PROJECTS PARTIALLY ON FEDERAL LAND.—With respect to an application for an eligible project that is located in part on Federal land, an eligible organization shall enter into a cooperative agreement with the appropriate Federal agency with jurisdiction over such land to submit an application described in paragraph (1).
(c) Application considerations.—In making a grant for construction of an active transportation network or active transportation spine under this section, the Secretary shall consider the following:
(1) Whether the eligible organization submitted a plan for an eligible project for the development of walking and bicycling infrastructure that is likely to provide substantial additional opportunities for walking and bicycling, including effective plans—
(A) to create an active transportation network connecting destinations within or between communities, including schools, workplaces, residences, businesses, recreation areas, and other community areas, or create an active transportation spine connecting two or more communities, metropolitan regions, or States; and
(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).
(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—
(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.
(e) Grant timing.—
(f) Federal share.—
(1) IN GENERAL.—Except as provided in paragraph (2), the Federal share of the cost of an eligible project carried out using a grant under this section shall not exceed 80 percent of the total project cost.
(2) EXCEPTION FOR DISADVANTAGED COMMUNITIES.—For eligible projects serving communities with a poverty rate of over 40 percent based on the majority of census tracts served by the eligible project, the Secretary may increase the Federal share of the cost of the eligible project up to 100 percent of the total project cost.
(g) Assistance to Indian tribes.—In carrying out this section, the Secretary may enter into grant agreements, self-determination contracts, and self-governance compacts under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5301 et seq.) with Indian tribes that are eligible organizations, and such agreements, contracts, and compacts shall be administered in accordance with that Act.
(h) Reports.—
(1) INTERIM REPORT.—Not later than September 30, 2024, the Secretary shall submit to Congress a report containing the information described in paragraph (3).
(2) FINAL REPORT.—Not later than September 30, 2026, the Secretary shall submit to Congress a report containing the information described in paragraph (3).
(i) Rule required.—Not later than 1 year after the date of enactment of this Act, the Secretary shall issue a final rule that encourages the use of the programmatic categorical exclusion, expedited procurement techniques, and other best practices to facilitate productive and timely expenditures for eligible projects that are small, low-impact, and constructed within an existing built environment.
(j) Authorization of appropriations.—
(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—
(6) ELIGIBLE PROJECT.—The term “eligible project” means an active transportation project or group of projects—
(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—
(E) the cost of studies, surveys, plans, permits, insurance, interest, financing, tax, and assessments;
(a) In general.—Not later than 4 years after the date of enactment of this Act, the Secretary, in coordination with State departments of transportation, shall carry out a highway cost allocation study to determine the direct costs of highway use by various types of users.
(b) Inclusions.—The study under subsection (a) shall include an examination of—
(1) the Federal costs occasioned in the design, construction, rehabilitation, and maintenance of Federal-aid highways by—
(c) Requirements.—In carrying out the study under subsection (a), the Secretary shall—
(d) Reports.—
(a) Definitions.—Section 601(a) of title 23, United States Code, is amended—
(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—
“(bb) that is physically or functionally related to a passenger rail station or multimodal station that includes rail service;
(C) by adding at the end the following:
“(G) an eligible airport-related project (as defined in section 40117(a) of title 49) for which, not later than September 30, 2025, the Secretary has—
“(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
(b) Eligibility.—Section 602(a)(2) of title 23, United States Code, is amended—
(c) Federal requirements.—Section 602(c)(1) of title 23, United States Code, is amended in the matter preceding subparagraph (A) by striking “and the requirements of section 5333(a) of title 49 for rail projects,” and inserting “the requirements of section 5333(a) of title 49 for rail projects, and the requirements of sections 47112(b) and 50101 of title 49 for airport-related projects,”.
(d) Processing timelines.—Section 602(d) of title 23, United States Code, is amended—
(2) in paragraph (3) (as so redesignated), by striking “paragraph (1)” and inserting “paragraph (2)”; and
(3) by inserting before paragraph (2) (as so redesignated) the following:
“(1) PROCESSING TIMELINES.—Except in the case of an application described in subsection (a)(8) and to the maximum extent practicable, the Secretary shall provide an applicant with a specific estimate of the timeline for the approval or disapproval of the application of the applicant, which, to the maximum extent practicable, the Secretary shall endeavor to complete by not later than 150 days after the date on which the applicant submits a letter of interest to the Secretary.”.
(e) Maturity date of certain secured loans.—Section 603(b)(5) of title 23, United States Code, is amended—
(1) in subparagraph (A), in the matter preceding clause (i), by striking “subparagraph (B)” and inserting “subparagraphs (B) and (C)”; and
(f) Secured loans.—Section 603(c)(4)(A) of title 23, United States Code, is amended—
(2) by adding at the end the following:
“(ii) CERTAIN APPLICANTS.—In the case of a secured loan or other secured Federal credit instrument provided after the date of enactment of the Surface Transportation Reauthorization Act of 2021, if the obligor is a governmental entity, agency, or instrumentality, the obligor shall not be required to prepay the secured loan or other secured Federal credit instrument with any excess revenues described in clause (i) if the obligor enters into an agreement to use those excess revenues only for purposes authorized under this title or title 49.”.
(g) Technical amendment.—Section 602(e) of title 23, United States Code, is amended by striking “section 601(a)(1)(A)” and inserting “section 601(a)(2)(A)”.
(h) Streamlined application process.—Section 603(f) of title 23, United States Code, is amended by adding at the end the following:
“(3) ADDITIONAL TERMS FOR EXPEDITED DECISIONS.—
“(A) IN GENERAL.—Not later than 120 days after the date of enactment of this paragraph, the Secretary shall implement an expedited decision timeline for public agency borrowers seeking secured loans that meet—
“(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.
“(iv) The applicant demonstrates a reasonable expectation that the contracting process for the project can commence by not later than 90 days after the date on which a Federal credit instrument is obligated for the project under the TIFIA program.
“(v) The project has received a categorical exclusion, a finding of no significant impact, or a record of decision under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
“(C) WRITTEN NOTICE.—The Secretary shall provide to an applicant seeking a secured loan under the expedited decision process under this paragraph a written notice informing the applicant whether the Secretary has approved or disapproved the application by not later than 180 days after the date on which the Secretary submits to the applicant a letter indicating that the National Surface Transportation Innovative Finance Bureau has commenced the creditworthiness review of the project.”.
(i) Funding.—
(1) IN GENERAL.—Section 608(a) of title 23, United States Code, is amended—
(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)—
(j) Status reports.—Section 609 of title 23, United States Code, is amended by adding at the end the following:
“(c) Status reports.—
“(1) IN GENERAL.—The Secretary shall publish on the website for the TIFIA program—
(k) State infrastructure bank program.—Section 610 of title 23, United States Code, is amended—
(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—
(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.
(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—
(B) To provide recommendations regarding adoption and implementation of user-based alternative revenue mechanisms.
(C) To quantify and minimize the administrative costs of any potential user-based alternative revenue mechanisms.
(D) To test a variety of solutions, including the use of independent and private third-party vendors, for the collection of data and fees from user-based alternative revenue mechanisms, including the reliability and security of those solutions and vendors.
(E) To test solutions to ensure the privacy and security of data collected for the purpose of implementing a user-based alternative revenue mechanism.
(F) To conduct public education and outreach to increase public awareness regarding the need for user-based alternative revenue mechanisms for surface transportation programs.
(G) To evaluate the ease of compliance and enforcement of a variety of implementation approaches for different users of the surface transportation system.
(I) To consider, to the greatest extent practicable, the potential for revenue collection along a network of alternative fueling stations.
(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.
(c) Limitation on revenue collected.—Any revenue collected through a user-based alternative revenue mechanism established using funds provided under this section shall not be considered a toll under section 301 of title 23, United States Code.
(d) Recommendations and report.—Not later than 3 years after the date of enactment of this Act, the Secretary, in coordination with the Secretary of the Treasury and the Federal System Funding Alternative Advisory Board established under section 13002(g)(1), shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that—
(e) Funding.—
(1) IN GENERAL.—Of the funds made available to carry out section 503(b) of title 23, United States Code, for each of fiscal years 2022 through 2026 $15,000,000 shall be used for pilot projects under this section.
(2) FLEXIBILITY.—If, by August 1 of each fiscal year, the Secretary determines that there are not enough grant applications to meet the requirements of this section for that fiscal year, the Secretary shall transfer to the national pilot program under section 13002 or to the highway research and development program under section 503(b) of title 23, United States Code—
(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.
(a) Definitions.—In this section:
(1) ADVISORY BOARD.—The term “advisory board” means the Federal System Funding Alternative Advisory Board established under subsection (g)(1).
(2) COMMERCIAL VEHICLE.—The term “commercial vehicle” has the meaning given the term commercial motor vehicle in section 31101 of title 49, United States Code.
(3) HIGHWAY TRUST FUND.—The term “Highway Trust Fund” means the Highway Trust Fund established under section 9503 of the Internal Revenue Code of 1986.
(4) LIGHT TRUCK.—The term “light truck” has the meaning given the term in section 523.2 of title 49, Code of Federal Regulations (or successor regulations).
(5) MEDIUM- AND HEAVY-DUTY TRUCK.—The term “medium- and heavy-duty truck” has the meaning given the term “commercial medium- and heavy-duty on-highway vehicle” in section 32901(a) of title 49, United States Code.
(6) PASSENGER MOTOR VEHICLE.—The term “passenger motor vehicle” has the meaning given the term in section 32101 of title 49, United States Code.
(8) PILOT PROGRAM.—The term “pilot program” means the pilot program established under subsection (b)(1).
(b) Establishment.—
(1) IN GENERAL.—The Secretary, in coordination with the Secretary of the Treasury, and consistent with the recommendations of the advisory board, shall establish a pilot program to demonstrate a national motor vehicle per-mile user fee—
(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;
(c) Parameters.—In carrying out the pilot program, the Secretary, in coordination with the Secretary of the Treasury, shall—
(1) provide different methods that volunteer participants can choose from to track motor vehicle miles traveled;
(2) solicit volunteer participants from all 50 States, the District of Columbia, and the Commonwealth of Puerto Rico;
(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
(d) Methods.—
(1) TOOLS.—In selecting the methods described in subsection (c)(1), the Secretary shall coordinate with entities that voluntarily provide to the Secretary for use under the pilot program any of the following vehicle-miles-traveled collection tools:
(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).
(e) Motor vehicle per-mile user fees.—For the purposes of the pilot program, the Secretary of the Treasury shall establish, on an annual basis, per-mile user fees for passenger motor vehicles, light trucks, and medium- and heavy-duty trucks, which amount may vary between vehicle types and weight classes to reflect estimated impacts on infrastructure, safety, congestion, the environment, or other related social impacts.
(f) Volunteer participants.—The Secretary, in coordination with the Secretary of the Treasury, shall—
(g) Federal system funding alternative advisory board.—
(1) IN GENERAL.—Not later than 90 days after the date of enactment of this Act, the Secretary shall establish an advisory board, to be known as the “Federal System Funding Alternative Advisory Board”, to assist with—
(2) MEMBERSHIP.—The advisory board shall include, at a minimum, the following representatives and entities, to be appointed by the Secretary:
(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).
(3) RECOMMENDATIONS.—Not later than 1 year after the date on which the advisory board is established under paragraph (1), the advisory board shall provide the Secretary with the recommendations described in subparagraph (A) of that paragraph, which the Secretary shall use in implementing the pilot program.
(h) Public awareness campaign.—
(1) IN GENERAL.—The Secretary, with guidance from the advisory board, may carry out a public awareness campaign to increase public awareness regarding a national motor vehicle per-mile user fee, including distributing information—
(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
(i) Revenue collection.—The Secretary of the Treasury, in coordination with the Secretary, shall establish a mechanism to collect motor vehicle per-mile user fees established under subsection (e) from volunteer participants, which—
(j) Agreement.—The Secretary may enter into an agreement with a volunteer participant containing such terms and conditions as the Secretary considers necessary for participation in the pilot program.
(k) Limitation.—Any revenue collected through the mechanism established under subsection (i) shall not be considered a toll under section 301 of title 23, United States Code.
(l) Highway trust fund.—The Secretary of the Treasury shall ensure that any revenue collected under subsection (i) is deposited into the Highway Trust Fund.
(m) Payment.—Not more than 60 days after the end of each calendar quarter in which a volunteer participant has participated in the pilot program, the Secretary of the Treasury, in consultation with the Secretary of Transportation, shall estimate an amount of payment for each volunteer based on the vehicle miles submitted by the volunteer for the calendar quarter and issue such payment to such volunteer participant.
(n) Report to Congress.—Not later than 1 year after the date on which volunteer participants begin participating in the pilot program, and each year thereafter for the duration of the pilot program, the Secretary and the Secretary of the Treasury shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that includes an analysis of—
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”.
(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—
(b) Requirements.—In carrying out subsection (a)(1), the Secretary shall—
(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
(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)—
(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
(a) In general.—Section 503 of title 23, United States Code, is amended—
(2) in subsection (b)—
(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—
(3) in subsection (c)—
(A) in paragraph (1)—
(B) in paragraph (2)—
(i) in subparagraph (B)(iii), by striking “improved tools and methods to accelerate the adoption” and inserting “and deploy improved tools and methods to accelerate the adoption of early-stage and proven innovative practices and technologies and, as the Secretary determines to be appropriate, support continued implementation”; and
(ii) by adding at the end the following:
“(D) REPORT.—Not later than 2 years after the date of enactment of this subparagraph and every 2 years thereafter, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives and make publicly available on an internet website a report that describes—
(C) in paragraph (3)—
(ii) by inserting after subparagraph (B) the following:
“(C) HIGH-FRICTION SURFACE TREATMENT APPLICATION STUDY.—
“(i) DEFINITION OF INSTITUTION.—In this subparagraph, the term ‘institution’ means a private sector entity, public agency, research university or other research institution, or organization representing transportation and technology leaders or other transportation stakeholders that, as determined by the Secretary, is capable of working with State highway agencies, the Federal Highway Administration, and the highway construction industry to develop and evaluate new products, design technologies, and construction methods that quickly lead to pavement improvements.
“(ii) STUDY.—The Secretary shall seek to enter into an agreement with an institution to carry out a study on the use of natural and synthetic calcined bauxite as a high-friction surface treatment application on pavement.
(iii) in subparagraph (D) (as so redesignated), by striking “fiscal years 2016 through 2020” and inserting “fiscal years 2022 through 2026”; 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—
“(ii) more timely and productive information-sharing among stakeholders through reduced reliance on paper to manage construction processes and deliverables such as blueprints, design drawings, procurement and supply-chain orders, equipment logs, daily progress reports, and punch lists;
“(iii) deployment of digital management systems that enable and leverage the use of digital technologies on construction sites by contractors, such as state-of-the-art automated and connected machinery and optimized routing software that allows construction workers to perform tasks faster, safer, more accurately, and with minimal supervision;
“(v) increased technology adoption and deployment by States and units of local government that enables project sponsors—
“(vi) technology training and workforce development to build the capabilities of project managers and sponsors that enables States and units of local government—
“(vii) development of guidance to assist States in updating regulations of the State to allow project sponsors and contractors—
“(C) FUNDING.—For each of fiscal years 2022 through 2026, the Secretary shall obligate from funds made available to carry out this subsection $20,000,000 to accelerate the deployment and implementation of advanced digital construction management systems.
(b) Advanced transportation technologies and innovative mobility deployment.—Section 503(c)(4) of title 23, United States Code, is amended—
(3) in subparagraph (B)—
(C) by redesignating clauses (i) through (viii) as clauses (iii), (iv), (v), (vi), (vii), (ix), (x), and (xi), respectively;
(E) in clause (iv) (as so redesignated), by striking “deliver” and inserting “protect the environment and deliver”;
(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
(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
(6) in subparagraph (E)—
(A) by redesignating clauses (iii) through (ix) as clauses (iv), (v), (vi), (vii), (viii), (xi), and (xiv), respectively;
(E) by inserting after clause (xi) (as so redesignated) the following:
(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
(7) in subparagraph (F)(ii)(IV), by striking “efficiency and multimodal system performance” and inserting “mobility, efficiency, multimodal system performance, and payment system performance”;
(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:
“(B) ESTABLISHMENT.—Not later than 1 year after the date of enactment of the Surface Transportation Reauthorization Act of 2021, the Secretary shall establish a Center of Excellence to collect, conduct, and fund research on the impacts of new mobility and highly automated vehicles on land use, urban design, transportation, real estate, equity, and municipal budgets.
“(C) REPORT.—Not later than 1 year after the date on which the Center of Excellence is established, the Secretary shall submit a report that describes the results of the research regarding the impacts of new mobility and highly automated vehicles to the Committees on Environment and Public Works and Commerce, Science, and Transportation of the Senate and the Committees on Transportation and Infrastructure and Energy and Commerce of the House of Representatives.
“(D) PARTNERSHIPS.—In establishing the Center of Excellence under subparagraph (B), the Secretary shall enter into appropriate partnerships with any institution of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)) or public or private research entity.”.
(d) Accelerated implementation and deployment of advanced digital construction management systems.—Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that includes—
(e) Open challenge and research proposal pilot program.—
(1) IN GENERAL.—The Secretary shall establish an open challenge and research proposal pilot program under which eligible entities may propose open highway challenges and research proposals that are linked to identified or potential research needs.
(2) REQUIREMENTS.—A research proposal submitted to the Secretary by an eligible entity shall address—
(3) ELIGIBLE ENTITIES.—An entity eligible to submit a research proposal under the pilot program under paragraph (1) is—
(4) PROJECT REVIEW.—The Secretary shall—
(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;
(C) in subparagraph (E) (as so redesignated), by striking “or community college” and inserting “, college, community college, or vocational school”; and
(3) in paragraph (3)—
(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;
(b) Transportation education and training development and deployment program.—Section 504(f) of title 23, United States Code, is amended—
(1) in the subsection heading, by striking “Development” and inserting “and Training Development and Deployment”;
(2) by striking paragraph (1) and inserting the following:
“(1) ESTABLISHMENT.—The Secretary shall establish a program to make grants to educational institutions or State departments of transportation, in partnership with industry and relevant Federal departments and agencies—
(5) by inserting after paragraph (2) the following:
“(3) REPORTING.—The Secretary shall establish minimum reporting requirements for grant recipients under this subsection, which may include, with respect to a program carried out with a grant under this subsection—
“(A) the percentage or number of program participants that are employed during the second quarter after exiting the program;
“(B) the percentage or number of program participants that are employed during the fourth quarter after exiting the program;
“(C) the median earnings of program participants that are employed during the second quarter after exiting the program;
(a) General authorities and requirements regarding wildlife and habitat.—Section 515(h)(2) of title 23, United States Code, is amended—
(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;
(a) In general.—Chapter 5 of title 23, United States Code, is amended by adding at the end the following:
Ҥ 520. Transportation Resilience and Adaptation Centers of Excellence
“(a) Definition of Center of Excellence.—In this section, the term ‘Center of Excellence’ means a Center of Excellence for Resilience and Adaptation designated under subsection (b).
“(b) Designation.—The Secretary shall designate 10 regional Centers of Excellence for Resilience and Adaptation and 1 national Center of Excellence for Resilience and Adaptation, which shall serve as a coordinator for the regional Centers, to receive grants to advance research and development that improves the resilience of regions of the United States to natural disasters and extreme weather by promoting the resilience of surface transportation infrastructure and infrastructure dependent on surface transportation.
“(c) Eligibility.—An entity eligible to be designated as a Center of Excellence is—
“(1) an institution of higher education (as defined in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002)); or
“(d) Application.—To be eligible to be designated as a Center of Excellence, an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including a proposal that includes a description of the activities to be carried out with a grant under this section.
“(e) Selection.—
“(1) REGIONAL CENTERS OF EXCELLENCE.—The Secretary shall designate 1 regional Center of Excellence in each of the 10 Federal regions that comprise the Standard Federal Regions established by the Office of Management and Budget in the document entitled ‘Standard Federal Regions’ and dated April 1974 (circular A–105).
“(2) NATIONAL CENTER OF EXCELLENCE.—The Secretary shall designate 1 national Center of Excellence to coordinate the activities of all 10 regional Centers of Excellence to minimize duplication and promote coordination and dissemination of research among the Centers.
“(3) CRITERIA.—In selecting eligible entities to designate as a Center of Excellence, the Secretary shall consider—
“(A) the past experience and performance of the eligible entity in carrying out activities described in subsection (g);
“(B) the merits of the proposal of an eligible entity and the extent to which the proposal would—
“(i) advance the state of practice in resilience planning and identify innovative resilience solutions for transportation assets and systems;
“(iii) support and build on work being carried out by another Federal agency relating to resilience;
“(f) Grants.—Subject to the availability of appropriations, the Secretary shall provide to each Center of Excellence a grant of not less than $5,000,000 for each of fiscal years 2022 through 2031 to carry out the activities described in subsection (g).
“(g) Activities.—In carrying out this section, the Secretary shall ensure that a Center of Excellence uses the funds from a grant under subsection (f) to promote resilient transportation infrastructure, including through—
“(1) supporting climate vulnerability assessments informed by climate change science, including national climate assessments produced by the United States Global Change Research Program under section 106 of the Global Change Research Act of 1990 (15 U.S.C. 2936), relevant feasibility analyses of resilient transportation improvements, and transportation resilience planning;
“(2) development of new design, operations, and maintenance standards for transportation infrastructure that can inform Federal and State decisionmaking;
“(3) research and development of new materials and technologies that could be integrated into existing and new transportation infrastructure;
“(4) development, refinement, and piloting of new and emerging resilience improvements and strategies, including natural infrastructure approaches and relocation;
“(5) development of and investment in new approaches for facilitating meaningful engagement in transportation decisionmaking by local, Tribal, regional, or national stakeholders and communities;
“(6) technical capacity building to facilitate the ability of local, regional, Tribal, State, and national stakeholders—
(b) Clerical amendment.—The analysis for chapter 5 of title 23, United States Code, is amended by adding at the end the following:
“520. Transportation Resilience and Adaptation Centers of Excellence.”.
(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.
(b) Establishment.—Not later than 1 year after the date of enactment of this Act, the Secretary shall establish a transportation pilot program.
(c) Purpose.—The purpose of the pilot program is to develop or procure an accessibility data set and make that data set available to each eligible entity selected to participate in the pilot program—
(1) to improve the transportation planning of those eligible entities by—
(A) measuring the level of access by surface transportation modes to important destinations, which may include—
(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—
(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—
(B) metropolitan planning organizations that serve an area with a population of 200,000 people or fewer;
(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—
(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).
In this title, the term “Secretary” means the Secretary of the Interior.
(a) Definition of tribal transportation safety project.—
(1) IN GENERAL.—In this section, the term “tribal transportation safety project” means a project described in paragraph (2) that is eligible for funding under section 202 of title 23, United States Code.
(2) PROJECT DESCRIBED.—A project described in this paragraph is a project that corrects or improves a hazardous road location or feature or addresses a highway safety problem through 1 or more of the activities described in any of the clauses under section 148(a)(4)(B) of title 23, United States Code.
(b) Reviews of tribal transportation safety projects.—
(1) IN GENERAL.—The Secretary or the Secretary of Transportation, as applicable, or the head of another Federal agency responsible for a decision related to a tribal transportation safety project shall complete any approval or decision for the review of the tribal transportation safety project required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) or any other applicable Federal law on an expeditious basis using the shortest existing applicable process.
(2) REVIEW OF APPLICATIONS.—Not later than 45 days after the date of receipt of a complete application by an Indian tribe for approval of a tribal transportation safety project, the Secretary or the Secretary of Transportation, as applicable, shall—
(3) DECISIONS UNDER OTHER FEDERAL LAWS.—In any case in which a decision under any other Federal law relating to a tribal transportation safety project (including the issuance or denial of a permit or license) is required, not later than 45 days after the Secretary or the Secretary of Transportation, as applicable, has made all decisions of the lead agency under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect to the project, the head of the Federal agency responsible for the decision shall—
(4) EXTENSIONS.—The Secretary or the Secretary of Transportation, as applicable, or the head of the Federal agency may extend the period under paragraph (2) or (3), as applicable, by an additional 30 days by providing the Indian tribe notice of the extension, including a statement of the need for the extension.
(5) NOTIFICATION AND EXPLANATION.—In any case in which a required action is not completed by the deadline under paragraph (2), (3), or (4), as applicable, the Secretary, the Secretary of Transportation, or the head of a Federal agency, as applicable, shall—
(a) In general.—The Secretary and the Secretary of Transportation shall enter into programmatic agreements with Indian tribes that establish efficient administrative procedures for carrying out environmental reviews for projects eligible for assistance under section 202 of title 23, United States Code.
(b) Inclusions.—A programmatic agreement under subsection (a)—
(1) may include an agreement that allows an Indian tribe to determine, on behalf of the Secretary and the Secretary of Transportation, whether a project is categorically excluded from the preparation of an environmental assessment or environmental impact statement under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and
(2) shall—
(A) require that the Indian tribe maintain adequate capability in terms of personnel and other resources to carry out applicable agency responsibilities pursuant to section 1507.2 of title 40, Code of Federal Regulations (or successor regulations);
(B) set forth the responsibilities of the Indian tribe for making categorical exclusion determinations, documenting the determinations, and achieving acceptable quality control and quality assurance;
(C) allow—
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;
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—
(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).
(b) Study.—Not later than 2 years after the date of enactment of this Act, the Secretary, in consultation with the Secretary of Transportation, shall carry out a study to evaluate—
(2) any steps necessary to achieve the goal of addressing the deferred maintenance backlog of existing roads on Indian land;
(c) Tribal consultation and input.—Before beginning the study under subsection (b), the Secretary shall—
(d) Report.—On completion of the study under subsection (b), the Secretary, in consultation with the Secretary of Transportation, shall submit to the Committees on Indian Affairs and Environment and Public Works of the Senate and the Committees on Natural Resources and Transportation and Infrastructure of the House of Representatives a report on the results and findings of the study.
(e) Status report.—Not later than 2 years after the date of enactment of this Act, and not less frequently than every 2 years thereafter, the Secretary, in consultation with the Secretary of Transportation, shall submit to the Committees on Indian Affairs and Environment and Public Works of the Senate and the Committees on Natural Resources and Transportation and Infrastructure of the House of Representatives a report that includes a description of—
(1) the progress made toward addressing the deferred maintenance needs of the roads on Indian land, including a list of projects funded during the fiscal period covered by the report;
(2) the outstanding needs of the roads that have been provided funding to address the deferred maintenance needs;
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.
(a) Definitions.—In this section:
(1) ALASKA NATIVE.—The term “Alaska Native” has the meaning given the term “Native” in section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1602).
(2) ALASKA NATIVE VILLAGE.—The term “Alaska Native village” has the meaning given the term “Native village” in section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1602).
(3) INDIAN TRIBE.—The term “Indian tribe” has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).
(b) Best practices, standardized crash report form.—
(1) IN GENERAL.—Not later than 1 year after the date of enactment of this Act, the Secretary of Transportation, in consultation with the Secretary, Indian tribes, Alaska Native villages, and State departments of transportation shall develop—
(2) PURPOSE.—The purpose of the best practices and standardized form developed under paragraph (1) shall be to improve the quality and quantity of crash data available to and used by the Federal Highway Administration, State departments of transportation, Indian tribes, and Alaska Native villages.
(3) REPORT.—On completion of the development of the best practices and standardized form under paragraph (1), the Secretary of Transportation shall submit to the Committees on Indian Affairs and Environment and Public Works of the Senate and the Committees on Natural Resources and Transportation and Infrastructure of the House of Representatives a report describing the best practices and standardized form.
Section 102 of title 49, United States Code, is amended—
(1) in subsection (e)(1)—
(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—
“(B) to plan, coordinate, and implement policies and programs serving Indian Tribes and Tribal organizations;
This division may be cited as the “Surface Transportation Investment Act of 2021”.
In this division:
(a) In general.—Chapter 1 of title 49, United States Code, is amended by adding at the end the following:
Ҥ 118. Office of Multimodal Freight Infrastructure and Policy
“(a) Definitions.—In this section:
“(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—
“(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;
“(d) Administration of policies and programs.—The Freight Office shall—
“(2) (A) oversee the development and updating of the State freight plans described in section 70202; and
“(3) (A) administer multimodal freight grant programs, including multimodal freight grants established under section 117 of title 23; and
“(e) Assistant Secretary.—
“(1) IN GENERAL.—The Freight Office shall be headed by an Assistant Secretary for Multimodal Freight, who shall—
“(f) Consolidation and elimination of duplicative offices.—
“(1) CONSOLIDATION OF OFFICES AND OFFICE FUNCTIONS.—The Secretary may consolidate into the Freight Office any office or office function within the Department that the Secretary determines has duties, responsibilities, resources, or expertise that support the purposes of the Freight Office.
“(2) ELIMINATION OF OFFICES.—The Secretary may eliminate any office within the Department if the Secretary determines that—
“(B) the office or the functions of the office have been substantially consolidated with the Freight Office pursuant to paragraph (1);
“(g) Staffing and budgetary resources.—
“(1) IN GENERAL.—The Secretary shall ensure that the Freight Office is adequately staffed and funded.
“(2) STAFFING.—
“(A) TRANSFER OF POSITIONS TO FREIGHT OFFICE.—Subject to subparagraph (B), the Secretary may transfer to the Freight Office any position within any other office of the Department if the Secretary determines that the position is necessary to carry out the purposes of the Freight Office.
“(B) REQUIREMENT.—If the Secretary transfers a position to the Freight Office pursuant to subparagraph (A), the Secretary, in coordination with the appropriate modal administration of the Department, shall ensure that the transfer of the position does not adversely affect the requirements of the modal administration under any Federal law.
“(3) BUDGETARY RESOURCES.—
“(A) TRANSFER OF FUNDS FROM CONSOLIDATED OR ELIMINATED OFFICES.—
“(h) Website.—
“(i) Notification to Congress.—Not later than 1 year after the date of enactment of this section, and not less frequently than once every 180 days thereafter until the date on which the Secretary determines that the requirements of this section have been met, the Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a notification that—
“(2) identifies—
“(3) (A) indicates whether the Secretary has consolidated into the Freight Office any office or office function pursuant to subsection (f)(1); and
“(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.
(b) GAO review.—The Comptroller General of the United States shall—
(c) Clerical amendment.—The analysis for chapter 1 of title 49, United States Code, is amended by inserting after the item relating to section 117 the following:
“118. Office of Multimodal Freight Infrastructure and Policy.”.
(d) Conforming amendments.—
(1) Section 70101(c) of title 49, United States Code, is amended, in the matter preceding paragraph (1), by striking “Under Secretary of Transportation for Policy” and inserting “Assistant Secretary for Multimodal Freight”.
(2) Section 70102 of title 49, United States Code, is amended—
(A) in subsection (a), in the matter preceding paragraph (1), by striking “Not later” and all that follows through “the Under Secretary of Transportation for Policy” and inserting “The Assistant Secretary for Multimodal Freight (referred to in this section as the ‘Assistant Secretary’)”;
(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’)”;
(D) in subsection (b) (as so redesignated)—
(i) in the subsection heading, by striking “Final Network” and inserting “Designation of National Multimodal Freight Network”;
(ii) in paragraph (1), in the matter preceding subparagraph (A), by striking “Not later” and all that follows through “Under Secretary” and inserting “The Assistant Secretary”;
Section 70102(b) of title 49, United States Code, is amended—
(3) by adding at the end the following:
“(12) best practices for reducing environmental impacts of freight movement (including reducing local air pollution from freight movement, stormwater runoff, and wildlife habitat loss resulting from freight facilities, freight vehicles, or freight activity);
“(13) possible strategies to increase the resilience of the freight system, including the ability to anticipate, prepare for, or adapt to conditions, or withstand, respond to, or recover rapidly from disruptions, including extreme weather and natural disasters;
Subsection (b) of section 70103 of title 49, United States Code (as redesignated by section 21101(d)(3)(C)), is amended—
(a) In general.—Section 70202 of title 49, United States Code, is amended—
(1) in subsection (b)—
(C) by inserting after paragraph (9) the following:
“(10) the most recent commercial motor vehicle parking facilities assessment conducted by the State under subsection (f);
“(13) if applicable, consideration of the findings or recommendations made by any multi-State freight compact to which the State is a party under section 70204;
(2) by adding at the end the following:
“(f) Commercial motor vehicle parking facilities assessments.—As part of the development or updating, as applicable, of a State freight plan under this section, each State that receives funding under section 167 of title 23, in consultation with relevant State motor carrier safety personnel, shall conduct an assessment of—
“(g) Priority.—Each State freight plan under this section shall include a requirement that the State, in carrying out activities under the State freight plan—
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;
(a) In general.—Chapter 702 of title 49, United States Code, is amended—
(2) by inserting after section 70203 the following:
Ҥ 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—
“(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—
“(2) use any Federal or State funds made available for freight mobility infrastructure planning or construction, including applying for grants;
“(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—
“(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—
“(B) serve as a forum for States, Indian Tribes, and other public entities to discuss decisions affecting freight mobility;
“(d) Grants.—
“(1) ESTABLISHMENT.—The Secretary of Transportation (referred to in this section as the ‘Secretary’) shall establish a program under which the Secretary shall provide grants to multi-State freight compacts, or States seeking to form a multi-State freight compact, that seek to improve a route or corridor that is a part of the National Multimodal Freight Network established under section 70103.
“(2) NEW COMPACTS.—
“(A) IN GENERAL.—To incentivize the establishment of multi-State freight compacts, the Secretary may award a grant for operations costs in an amount of not more than $2,000,000 to—
“(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—
“(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;
“(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;
(b) Clerical amendment.—The analysis for chapter 702 of title 49, United States Code, is amended by striking the item relating to section 70204 and inserting the following:
“70204. Multi-State freight corridor planning.
“70206. Savings provision.”.
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—
(2) in subsection (b)(5), by striking “70202.” and inserting “70202, including by providing advice regarding the development of the freight investment plan.”;
Subtitle III of title 49, United States Code, is amended by adding at the end the following:
“6701. National infrastructure project assistance.
“6702. Local and regional project assistance.
Ҥ 6701. National infrastructure project assistance
“(a) Definitions.—In this section:
“(2) ELIGIBLE ENTITY.—The term ‘eligible entity’ means—
“(E) a special purpose district or public authority with a transportation function, including a port authority;
“(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.—
“(d) Eligible projects.—The Secretary may provide a grant under the program only for a project—
“(e) Geographical distribution.—In providing grants under this section, the Secretary shall ensure among grant recipients—
“(f) Project evaluation and selection.—
“(1) REQUIREMENTS.—The Secretary may select a project described in subsection (d) to receive a grant under the program only if the Secretary determines that—
“(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;
“(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;
“(C) whether, and the degree to which, a project uses—
“(4) RATINGS.—
“(A) IN GENERAL.—In evaluating applications for a grant under the program, the Secretary shall assign the project proposed in the application a rating described in subparagraph (B), based on the information contained in the applicable notice published under paragraph (5).
“(B) RATINGS.—
“(i) HIGHLY RECOMMENDED.—The Secretary shall assign a rating of ‘highly recommended’ to projects that, in the determination of the Secretary—
“(C) TECHNICAL ASSISTANCE.—
“(5) PUBLICATION OF PROJECT EVALUATION AND SELECTION CRITERIA.—Not later than 90 days after the date of enactment of this chapter, the Secretary shall publish and make publicly available on the website of the Department a notice that contains a detailed explanation of—
“(A) the method by which the Secretary will determine whether a project satisfies the applicable requirements described in paragraph (1);
“(g) Data collection and analysis.—
“(1) PLAN.—
“(A) IN GENERAL.—An eligible entity seeking a grant under the program shall submit to the Secretary, together with the grant application, a plan for the collection and analysis of data to identify in accordance with the framework established under paragraph (2)—
“(2) FRAMEWORK.—The Secretary may publish a standardized framework for the contents of the plans under paragraph (1), which may include, as appropriate—
“(3) MULTIYEAR GRANT AGREEMENTS.—The Secretary shall require an eligible entity, as a condition of receiving funding pursuant to a multiyear grant agreement under the program, to collect additional data to measure the impacts of the project and to accurately track improvements made by the project, in accordance with a plan described in paragraph (1).
“(4) REPORTS.—
“(A) PROJECT BASELINE.—Before the date of completion of a project for which a grant is provided under the program, the eligible entity carrying out the project shall submit to the Secretary a report providing baseline data for the purpose of analyzing the long-term impact of the project in accordance with the framework established under paragraph (2).
“(B) UPDATED REPORT.—Not later than 6 years after the date of completion of a project for which a grant is provided under the program, the eligible entity carrying out the project shall submit to the Secretary a report that compares the baseline data included in the report under subparagraph (A) to project data collected during the period—
“(h) Eligible project costs.—
“(1) IN GENERAL.—An eligible entity may use a grant provided under the program for—
“(A) development-phase activities and costs, including planning, feasibility analysis, revenue forecasting, alternatives analysis, data collection and analysis, environmental review and activities to support environmental review, preliminary engineering and design work, and other preconstruction activities, including the preparation of a data collection and post-construction analysis plan under subsection (g); and
“(B) construction, reconstruction, rehabilitation, acquisition of real property (including land relating to the project and improvements to that land), environmental mitigation (including projects to replace or rehabilitate culverts or reduce stormwater runoff for the purpose of improving habitat for aquatic species), construction contingencies, acquisition of equipment, protection, and operational improvements directly relating to the project.
“(2) INTEREST AND OTHER FINANCING COSTS.—The interest and other financing costs of carrying out any part of a project under a multiyear grant agreement within a reasonable period of time shall be considered to be an eligible project cost only if the applicable eligible entity certifies to the Secretary that the eligible entity has demonstrated reasonable diligence in seeking the most favorable financing terms.
“(i) Cost sharing.—
“(1) IN GENERAL.—The total amount awarded for a project under the program may not exceed 60 percent of the total eligible project costs described in subsection (h).
“(2) MAXIMUM FEDERAL INVOLVEMENT.—
“(A) IN GENERAL.—Subject to subparagraph (B), Federal assistance other than a grant awarded under the program may be provided for a project for which a grant is awarded under the program.
“(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—
“(C) establish a schedule of anticipated Federal obligations for the project that provides for obligation of the full grant amount;
“(3) SPECIAL RULES.—
“(A) IN GENERAL.—A multiyear grant agreement under this subsection—
“(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).
“(4) SINGLE-YEAR GRANTS.—The Secretary may only provide to an eligible entity a full grant under the program in a single year if all reviews required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect to the applicable project have been completed before the receipt of any program funds.
“(k) Congressional notification.—
“(1) IN GENERAL.—Not later than 30 days before the date on which the Secretary publishes the selection of projects to receive grants under the program, the Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a written notice that includes—
“(l) Reports.—
“(1) TRANSPARENCY.—Not later than 60 days after the date on which the grants are announced under the program, the Secretary shall publish on the website of the Department a report that includes—
“(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—
“(m) Authorization of appropriations.—
“(1) IN GENERAL.—There is authorized to be appropriated to the Secretary to carry out the program $2,000,000,000 for each of fiscal years 2022 through 2026.
“(2) OTHER PROJECTS.—Of the amounts made available under paragraph (1), 50 percent shall be set aside for projects that have a project cost of—
“(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—
“(4) TRANSFER OF AUTHORITY.—The Secretary may transfer any portion of the amounts reserved under paragraph (3) for a fiscal year to the Administrator of any of the Federal Highway Administration, the Federal Transit Administration, the Federal Railroad Administration, or the Maritime Administration to award and oversee grants in accordance with this section.
“(n) Additional requirements.—
“(1) IN GENERAL.—Each project that receives a grant under this chapter shall achieve compliance with the applicable requirements of—
“(A) subchapter IV of chapter 31 of title 40;
“(B) title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.); and
“(C) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
“(2) MODAL REQUIREMENTS.—The Secretary shall, with respect to a project funded by a grant under this section, apply—
“(3) MULTIMODAL PROJECTS.—
“(A) IN GENERAL.—Except as otherwise provided in this paragraph, if an eligible project is a multimodal project, the Secretary shall—
(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:
Ҥ 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—
“(2) ELIGIBLE ENTITY.—The term ‘eligible entity’ means—
“(3) ELIGIBLE PROJECT.—The term ‘eligible project’ means—
“(C) a passenger rail or freight rail transportation project eligible for assistance under this title;
“(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;
“(b) Establishment.—
“(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.
“(d) Selection of eligible projects.—
“(1) NOTICE OF FUNDING OPPORTUNITY.—Not later than 60 days after the date on which funds are made available to carry out the program, the Secretary shall publish a notice of funding opportunity for the funds.
“(2) APPLICATIONS.—To be eligible to receive a grant under the program, an eligible entity shall submit to the Secretary an application—
“(3) PRIMARY SELECTION CRITERIA.—In awarding grants under the program, the Secretary shall evaluate the extent to which a project—
“(4) ADDITIONAL SELECTION CRITERIA.—In selecting projects to receive grants under the program, the Secretary shall take into consideration the extent to which—
“(5) TRANSPARENCY.—
“(6) AWARDS.—Not later than 270 days after the date on which amounts are made available to provide grants under the program for a fiscal year, the Secretary shall announce the selection by the Secretary of eligible projects to receive the grants in accordance with this section.
“(7) TECHNICAL ASSISTANCE.—
“(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.
“(f) Other considerations.—
“(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—
“(B) chapter 6 of title 23.
“(j) Authorization of appropriations.—There is authorized to be appropriated to carry out this section $1,500,000,000 for each of fiscal years 2022 through 2026, to remain available for a period of 3 fiscal years following the fiscal year for which the amounts are appropriated.
“(k) Reports.—
“(1) ANNUAL REPORT.—The Secretary shall make available on the website of the Department of Transportation at the end of each fiscal year an annual report that describes each eligible project for which a grant was provided under the program during that fiscal year.
“(2) COMPTROLLER GENERAL.—Not later than 1 year after the date on which the initial grants are awarded for eligible projects under the program, the Comptroller General of the United States shall—
“(B) submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report describing the findings of the review under subparagraph (A), including recommendations for improving the administration of the program, if any.”.
(b) Study.—Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall conduct, and submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report describing the results of, a study of how changes to Federal share matching requirements and selection criteria, such as using State population data in Department discretionary programs, may impact the allocations made to States.
(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:
Ҥ 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).
“(b) Establishment.—The Secretary, in consultation with the Undersecretary, shall establish an annual competitive grant program to award grants to eligible entities for projects for the replacement, removal, and repair of culverts or weirs that—
“(d) Grant selection process.—The Secretary, in consultation with the Undersecretary and the Director, shall establish a process for determining criteria for awarding grants under the program, subject to subsection (e).
“(e) Prioritization.—The Secretary, in consultation with the Undersecretary and the Director, shall establish procedures to prioritize awarding grants under the program to—
“(1) projects that would improve fish passage for—
“(A) anadromous fish stocks listed as an endangered species or a threatened species under section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533);
“(B) anadromous fish stocks identified by the Undersecretary or the Director that could reasonably become listed as an endangered species or a threatened species under that section;
“(f) Federal share.—The Federal share of the cost of a project carried out with a grant to a State or a unit of local government under the program shall be not more than 80 percent.
“(g) Technical assistance.—The Secretary, in consultation with the Undersecretary and the Director, shall develop a process to provide technical assistance to Indian Tribes and underserved communities to assist in the project design and grant process and procedures.
(b) Clerical amendment.—The analysis for chapter 67 of title 49, United States Code (as added by section 21202(c)), is amended by adding at the end the following:
“6703. National culvert removal, replacement, and restoration grant program.”.
(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:
Ҥ 70205. National multimodal cooperative freight research program
“(a) Establishment.—Not later than 1 year after the date of enactment of this section, the Secretary of Transportation (referred to in this section as the ‘Secretary’) shall establish and support a national cooperative freight transportation research program.
“(b) Administration by National Academy of Sciences.—
“(1) IN GENERAL.—The Secretary shall enter into an agreement with the National Academy of Sciences to support and carry out administrative and management activities under the program established under subsection (a).
“(c) Activities.—
“(1) NATIONAL RESEARCH AGENDA.—
“(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—
“(B) EVALUATION.—
“(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—
“(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.
(b) Clerical amendment.—The analysis for chapter 702 of title 49, United States Code (as amended by section 21106(b)), is amended by inserting after the item relating to section 70204 the following:
“70205. National multimodal cooperative freight research program.”.
(a) Definitions.—In this section:
(1) BUILD AMERICA BUREAU.—The term “Build America Bureau” means the National Surface Transportation and Innovative Finance Bureau established under section 116 of title 49, United States Code.
(2) ELIGIBLE ENTITY.—The term “eligible entity” means—
(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.
(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.—
(2) APPLICATIONS.—
(A) IN GENERAL.—Not later than 180 days after the date of enactment of this Act, the Secretary shall establish a process by which an eligible entity may submit to the Secretary an application under the pilot program, in such form and containing such information as the Secretary may require.
(B) ONLINE PORTAL.—The Secretary shall develop and make available to the public an online portal through which the Secretary may receive applications under subparagraph (A), on a rolling basis.
(C) APPROVAL.—
(i) IN GENERAL.—Not later than 60 days after the date on which the Secretary receives a complete application under subparagraph (A), the Secretary shall provide to each eligible entity that submitted the application a notice describing whether the application is approved or disapproved.
(ii) ADDITIONAL WRITTEN NOTIFICATION.—
(I) IN GENERAL.—Not later than 30 days after the date on which the Secretary provides to an eligible entity a notification under clause (i), the Secretary shall provide to the eligible entity an additional written notification of the approval or disapproval of the application.
(II) DISAPPROVED APPLICATIONS.—If the application of an eligible entity is disapproved under this subparagraph, the additional written notification provided to the eligible entity under subclause (I) shall include an offer for a written or telephonic debrief by the Secretary that will provide an explanation of, and guidance regarding, the reasons why the application was disapproved.
(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).
(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.
(a) Codification of title V of the Railroad Revitalization and Regulatory Reform Act of 1976.—Part B of subtitle V of title 49, United States Code, is amended—
(1) by inserting after chapter 223 the following chapter analysis:
“CHAPTER 224—RAILROAD REHABILITATION AND IMPROVEMENT FINANCING
“Sec.
“22401. Definitions.
“22402. Direct loans and loan guarantees.
“22403. Administration of direct loans and loan guarantees.
“22404. Employee protection.
“22405. Substantive criteria and standards.
“22406. Authorization of appropriations.”;
(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.
(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—
(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:”;
(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)—
(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;
“(D) to refinance outstanding debt incurred for the purposes described in subparagraph (A) , (B), or (C);
“(E) to reimburse planning, permitting, and design expenses relating to activities described in subparagraph (A), (B), or (C); or
“(F) to finance economic development, including commercial and residential development, and related infrastructure and activities, that—
“(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;
(5) in subsection (f)—
(A) in paragraph (3)—
(i) in the matter preceding subparagraph (A)—
(B) by adding at the end the following:
“(5) COHORTS OF LOANS.—Subject to the availability of funds appropriated by Congress under section 22406(a)(2), for any direct loan issued before the date of enactment of the Fixing America’s Surface Transportation Act (Public Law 114–94) pursuant to sections 501 through 504 of the Railroad Revitalization and Regulatory Reform Act of 1976 (Public Law 94–210), the Secretary shall repay the credit risk premiums of such loan, with interest accrued thereon, not later than—
“(6) COLLATERAL.—
“(A) TYPES OF COLLATERAL.—An applicant or infrastructure partner may propose tangible and intangible assets as collateral, exclusive of goodwill. The Secretary, after evaluating each such asset—
“(ii) shall consider and may accept—
“(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;
“(B) APPRAISAL STANDARDS.—In evaluating appraisals of collateral under subparagraph (A), the Secretary shall consider—
“(7) REPAYMENT OF CREDIT RISK PREMIUMS.—The Secretary shall return credit risk premiums paid, and interest accrued on such premiums, to the original source when all obligations of a loan or loan guarantee have been satisfied. This paragraph applies to any project that has been granted assistance under this section after the date of enactment of the Surface Transportation Investment Act of 2021.”;
(6) in subsection (g), by amending paragraph (1) the read as follows:
“(1) repayment of the obligation is required to be made within a term that is not longer than the shorter of—
(8) in subsection (i)—
(A) by amending paragraph (4) to read as follows:
“(4) STREAMLINED APPLICATION REVIEW PROCESS.—
“(A) IN GENERAL.—Not later than 180 days after the date of enactment of the Surface Transportation Investment Act of 2021, the Secretary shall implement procedures and measures to economize and make available an streamlined application process or processes at the request of applicants seeking loans or loan guarantees.
“(B) CRITERIA.—Applicants seeking loans and loan guarantees under this section shall—
“(C) EXPEDITED CREDIT REVIEW.—The total period between the submission of an application and the approval or disapproval of an application for a direct loan or loan guarantee under this paragraph may not exceed 90 days. If an application review conducted under this paragraph exceeds 90 days, the Secretary shall—
(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—
“(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;
“(vii) if other credit instruments are involved, the proposed subordination relationship and a description of such other credit instruments;
“(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;
“(xii) the cumulative amounts paid by the Secretary to outside advisors related to the application, including financial and legal advisors;
“(xiii) a description of the key rating factors used by the Secretary to determine credit risk, including—
(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)—
(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.”;
(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.),”;
(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:
Ҥ 22405. Substantive criteria and standards
“The Secretary shall—
(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:
“§ 22406. Authorization of appropriations”..
“(a) Authorization.—
“(1) IN GENERAL.—There is authorized to be appropriated for credit assistance under this chapter, which shall be provided at the discretion of the Secretary, $50,000,000 for each of fiscal years 2022 through 2026.
“(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.
(i) Clerical amendment.—The analysis for title 49, United States Code, is amended by inserting after the item relating to chapter 223 the following:
- “224 . Railroad rehabilitation and improvement financing 22401”.
(j) Technical and conforming amendments.—
(1) NATIONAL TRAILS SYSTEM ACT.—Section 8(d) of the National Trails System Act (16 U.S.C. 1247(d)) is amended by inserting “(45 U.S.C. 801 et seq.) and chapter 224 of title 49, United States Code” after “1976”.
(2) PASSENGER RAIL REFORM AND INVESTMENT ACT.—Section 11315(c) of the Passenger Rail Reform and Investment Act of 2015 (23 U.S.C. 322 note; Public Law 114–94) is amended by striking “sections 502 and 503 of the Railroad Revitalization and Regulatory Reform Act of 1976” and inserting “sections 22402 and 22403 of title 49, United States Code”.
(3) PROVISIONS CLASSIFIED IN TITLE 45, UNITED STATES CODE.—
(A) RAILROAD REVITALIZATION AND REGULATORY REFORM ACT OF 1976.—Section 101 of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 801) is amended—
(i) in subsection (a), in the matter preceding paragraph (1), by striking “It is the purpose of the Congress in this Act to” and inserting “The purpose of this Act and chapter 224 of title 49, United States Code, is to”; and
(ii) in subsection (b), in the matter preceding paragraph (1), by striking “It is declared to be the policy of the Congress in this Act” and inserting “The policy of this Act and chapter 224 of title 49, United States Code, is”.
(B) RAILROAD INFRASTRUCTURE FINANCING IMPROVEMENT ACT.—The Railroad Infrastructure Financing Improvement Act (subtitle F of title XI of Public Law 114–94) is amended—
(i) in section 11607(b) (45 U.S.C. 821 note), by striking “All provisions under sections 502 through 504 of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 801 et seq.)” and inserting “All provisions under section 22402 through 22404 of title 49, United States Code,”; and
(ii) in section 11610(b) (45 U.S.C. 821 note), by striking “section 502(f) of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 822(f)), as amended by section 11607 of this Act” and inserting “section 22402(f) of title 49, United States Code”.
(C) TRANSPORTATION EQUITY ACT FOR THE 21ST CENTURY.—Section 7203(b)(2) of the Transportation Equity Act for the 21st Century (Public Law 105–178; 45 U.S.C. 821 note) is amended by striking “title V of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 821 et seq.)” and inserting “chapter 224 of title 49, United States Code,”.
(D) HAMM ALERT MARITIME SAFETY ACT OF 2018.—Section 212(d)(1) of Hamm Alert Maritime Safety Act of 2018 (title II of Public Law 115–265; 45 U.S.C. 822 note) is amended, in the matter preceding subparagraph (A), by striking “for purposes of section 502(f)(4) of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 822(f)(4))” and inserting “for purposes of section 22402 of title 49, United States Code”.
(E) MILWAUKEE RAILROAD RESTRUCTURING ACT.—Section 15(f) of the Milwaukee Railroad Restructuring Act (45 U.S.C. 914(f)) is amended by striking “Section 516 of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 836)” and inserting “Section 22404 of title 49, United States Code,”.
(F) ROCK ISLAND RAILROAD TRANSITION AND EMPLOYEE ASSISTANCE ACT.—Section 104(b) of the Rock Island Railroad Transition and Employee Assistance Act (45 U.S.C. 1003(b)) is amended—
(i) in paragraph (1)—
(I) by striking “title V of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 821 et seq.)” and inserting “chapter 224 of title 49, United States Code,”; and
(ii) in paragraph (2), by striking “title V of the Railroad Revitalization and Regulatory Reform Act of 1976, and section 516 of such Act (45 U.S.C. 836)” and inserting “chapter 224 of title 49, United States Code, including section 22404 of such title,”.
(4) TITLE 49.—
(A) NATIONAL SURFACE TRANSPORTATION AND INNOVATIVE FINANCE BUREAU.—Section 116(d)(1)(B) of title 49, United States Code, is amended by striking “sections 501 through 503 of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 821–823)” and inserting “sections 22401 through 22403”.
(B) PROHIBITED DISCRIMINATION.—Section 306(b) of title 49, United States Code, is amended—
(i) by striking “chapter 221 or 249 of this title,” and inserting “chapter 221, 224, or 249 of this title, or”; and
(ii) by striking “, or title V of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 821 et seq.)”.
(C) PASSENGER RAIL REFORM AND INVESTMENT ACT OF 2015.—Section 11311(d) of the Passenger Rail Reform and Investment Act of 2015 (Public Law 114–94; 49 U.S.C. 20101 note) is amended by striking “, and section 502 of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 822)”.
(D) GRANT CONDITIONS.—Section 22905(c)(2)(B) of title 49, United States Code, is amended by striking “section 504 of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 836)” and inserting “section 22404”.
(E) PASSENGER RAIL INVESTMENT AND IMPROVEMENT ACT OF 2008.—Section 205(g) of the Passenger Rail Investment and Improvement Act of 2008 (division B of Public Law 110–432; 49 U.S.C. 24101 note) is amended by striking “title V of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 821 et seq.)” and inserting “chapter 224 of title 49, United States Code”.
(F) AMTRAK AUTHORITY.—Section 24903 of title 49, United States Code, is amended—
(i) in subsection (a)(6), by striking “and the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 801 et seq.)” and inserting “, the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 801 et seq.), and chapter 224 of this title”; and
(ii) in subsection (c)(2), by striking “and the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 801 et seq.)” and inserting “, the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 801 et seq.), and chapter 224 of this title”.
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.
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—
This title may be cited as the “Passenger Rail Expansion and Rail Safety Act of 2021”.
(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:
(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:
(c) Oversight.—The Secretary may withhold up to 0.5 percent from the amount appropriated for each fiscal year pursuant to subsections (a) and (b) for the costs of oversight of Amtrak.
(d) State-Supported Route Committee.—The Secretary may withhold up to $3,000,000 from the amount appropriated for each fiscal year pursuant to subsection (b) for use by the State-Supported Route Committee established under section 24712(a) of title 49, United States Code.
(e) Northeast Corridor Commission.—The Secretary may withhold up to $6,000,000 from the amount appropriated for each fiscal year pursuant to subsection (a) for use by the Northeast Corridor Commission established under section 24905(a) of title 49, United States Code.
(f) Interstate rail compacts.—The Secretary may withhold up to $3,000,000 from the amount appropriated for each fiscal year pursuant to subsection (b) for grants authorized under section 22910 of title 49, United States Code.
(g) Accessibility upgrades.—
(1) IN GENERAL.—The Secretary shall withhold $50,000,000 from the amount appropriated for each fiscal year pursuant to subsections (a) and (b) for grants to assist Amtrak in financing capital projects to upgrade the accessibility of the national rail passenger transportation system by increasing the number of existing facilities that are compliant with the requirements under the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) until the Secretary determines Amtrak’s existing facilities are in compliance with such requirements.
(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:
(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:
(a) In general.—There is authorized to be appropriated to the Secretary for grants under section 22909 of title 49, United States Code, as added by section 22305, $500,000,000 for each of fiscal years 2022 through 2026.
(b) Planning projects.—Not less than 3 percent of the amount appropriated in each fiscal year pursuant to subsection (a) year shall be used for planning projects described in section 22909(d)(6) of title 49, United States Code.
(c) Highway-rail grade crossing safety information and education program.—Of the amount appropriated under subsection (a) in each fiscal year, 0.25 percent shall be used for contracts or grants to carry out a highway-rail grade crossing safety information and education program—
There are authorized to be appropriated to the Office of Inspector General of Amtrak the following amounts:
(a) Findings.—Section 24101(a) of title 49, United States Code, is amended—
(1) in paragraph (1), by striking “between crowded urban areas and in other areas of” and inserting “throughout”;
(2) in paragraph (4), by striking “to Amtrak to achieve a performance level sufficient to justify expending public money” and inserting “in order to meet the intercity passenger rail needs of the United States”;
(b) Goals.—Section 24101(c) of title 49, United States Code, is amended—
(a) Selection; composition; chair.—Section 24302(a) of title 49, United States Code, is amended—
(1) in paragraph (1)—
(B) in subparagraph (C), by inserting “, at least 1 of whom shall be an individual with a disability (as defined in section 3 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102)) who has a demonstrated history of, or experience with, accessibility, mobility, and inclusive transportation in passenger rail or commuter rail” before the period at the end;
(2) in paragraph (2), by striking “and try to provide adequate and balanced representation of the major geographic regions of the United States served by Amtrak”;
(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—
Section 24312 of title 49, United States Code, is amended by adding at the end the following:
“(c) Availability of station agents.—
“(1) IN GENERAL.—Except as provided in paragraph (2), beginning on the date that is 1 year after the date of enactment of the Passenger Rail Expansion and Rail Safety Act of 2021, Amtrak shall ensure that at least 1 Amtrak ticket agent is employed at each station building—
(a) Amtrak annual operations report.—Section 24315(a)(1) of title 49, United States Code, is amended—
Section 24317 of title 49, United States Code, is amended—
(1) in subsection (a)(2), by striking “and costs among Amtrak business lines” and inserting “, including Federal grant funds, and costs among Amtrak service lines”;
(2) by amending subsection (b) to read as follows:
“(b) Account structure.—
“(1) IN GENERAL.—The Secretary of Transportation, in consultation with Amtrak, shall define, maintain, and periodically update an account structure and improvements to accounting methodologies, as necessary, to support the Northeast Corridor and the National Network.
“(2) NOTIFICATION OF SUBSTANTIVE CHANGES.—The Secretary shall notify the Committee on Commerce, Science, and Transportation of the Senate, the Committee on Appropriations of the Senate, the Committee on Transportation and Infrastructure of the House of Representatives, and the Committee on Appropriations of the House of Representatives regarding any substantive changes made to the account structure, including changes to—
(3) in subsection (c), in the matter preceding paragraph (1), by inserting “, maintaining, and updating” after “defining”;
(4) in subsection (d), in the matter preceding paragraph (1), by inserting “, maintaining, and updating” after “defining”;
(5) by amending subsection (e) to read as follows:
“(e) Implementation and reporting.—
“(1) IN GENERAL.—Amtrak, in consultation with the Secretary of Transportation, shall maintain and implement any account structures and improvements defined under subsection (b) to enable Amtrak to produce sources and uses statements for each of the service lines described in section 24320(b)(1) and, as appropriate, each of the asset lines described in section 24320(c)(1), that identify sources and uses of revenues, appropriations, and transfers between accounts.
“(2) UPDATED SOURCES AND USES STATEMENTS.—Not later than 30 days after the implementation of subsection (b), and monthly thereafter, Amtrak shall submit to the Secretary of Transportation updated sources and uses statements for each of the service lines and asset lines referred to in paragraph (1). The Secretary and Amtrak may agree to a different frequency of reporting.”;
(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—
(2) by amending subsection (a) to read as follows:
(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);
“(2) GRANT CATEGORIES.—
“(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;
(6) in subsection (e)—
(A) in paragraph (1)—
(B) in paragraph (3)—
(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;”;
(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.
“(i) Amtrak grant reporting.—The Secretary of Transportation shall determine the varying levels of detail and information that will be included in reports for operations, services, program, projects, program income, cash on hand, and other activities within each of the grant categories described in subsection (c)(2).”.
(c) Conforming amendments.—
(1) REPORTS AND AUDITS.—Section 24315(b)(1) of title 49, United States Code, is amended—
(2) CLERICAL AMENDMENT.—The analysis for chapter 243 of title 49, United States Code, is amended by striking the item relating to section 24319 and inserting the following:
“24319. Grant process and reporting.”.
(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)—
(3) in subsection (b)—
(C) in paragraph (2)—
(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”;
(D) in paragraph (3)—
(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;
(F) by inserting after paragraph (3)(C), as redesignated, the following:
“(4) 5-YEAR SERVICE LINE PLANS UPDATES.—Amtrak may modify the content to be included in the service line plans described in paragraph (1), upon the approval of the Secretary, if the Secretary determines that such modifications are necessary to improve the transparency, oversight, and delivery of Amtrak services and the use of Federal funds by Amtrak.”; and
(4) in subsection (c)—
(B) in paragraph (1)—
(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;
(D) in paragraph (3)—
(ii) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii) and moving such clauses 2 ems to the right;
(E) by redesignating paragraphs (4), (5), (6), and (7) as paragraphs (5), (6), (7), and (8), respectively;
(F) by inserting after paragraph (3) the following:
“(4) 5-YEAR ASSET LINE PLAN UPDATES.—Amtrak may modify the content to be included in the asset line plans described in paragraph (1), on approval of the Secretary, if the Secretary determines that such modifications are necessary to improve the transparency, oversight, and delivery of Amtrak services and the use of Federal funds by Amtrak.”;
(b) Clerical amendment.—The analysis for chapter 243 of title 49, United States Code, is amended by striking the item relating to section 24320 and inserting the following:
“24320. Amtrak 5-year service line and asset line plans.”.
(c) Effective dates.—Section 11203(b) of the Passenger Rail Reform and Investment Act of 2015 (49 U.S.C. 24320 note) is amended—
(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:
Ҥ 24321. Food and beverage service
“(a) Working group.—
“(1) ESTABLISHMENT.—Not later than 180 days after enactment of the Passenger Rail Expansion and Rail Safety Act of 2021, Amtrak shall establish a working group to provide recommendations to improve Amtrak’s onboard food and beverage service.
“(b) Report.—Not later than 1 year after the establishment of the working group pursuant to subsection (a), the working group shall submit a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives containing recommendations for improving Amtrak’s food and beverage service, including—
“(c) Implementation.—Not later than 180 days after the submission of the report pursuant to subsection (b), Amtrak shall submit a plan for implementing the recommendations of the working group, and an explanation for any of the working group’s recommendations it does not agree with and does not plan on implementing to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives.
“(d) Savings clause.—Amtrak shall ensure that no Amtrak employee who held a position on a long-distance or Northeast Corridor route as of the date of enactment of the Passenger Rail Expansion and Rail Safety Act of 2021, is involuntarily separated because of the development and implementation of the plan required under this section.”.
(2) CLERICAL AMENDMENT.—The analysis for chapter 243 of title 49, United States Code, is amended by striking the item relating to section 24321 and inserting the following:
“24321. Food and beverage service.”.
(a) In general.—Chapter 243 of title 49, United States Code, is amended by adding at the end the following:
(b) Clerical amendment.—The analysis for chapter 243 of title 49, United States Code, is amended by adding at the end the following:
“24323. Prohibition on smoking on Amtrak trains.”.
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”;
(3) by inserting after subsection (a) the following:
“(b) Discontinuance or substantial alteration of long-distance routes.—Except as provided in subsection (c), in an emergency, or during maintenance or construction outages impacting Amtrak routes, Amtrak may not discontinue, reduce the frequency of, suspend, or substantially alter the route of rail service on any segment of any long-distance route in any fiscal year in which Amtrak receives adequate Federal funding for such route on the National Network.”; and
(4) by inserting after subsection (c), as redesignated, the following:
“(d) Congressional notification of discontinuance.—Except as provided in subsection (c), not later than 210 days before discontinuing service over a route, Amtrak shall give written notice of such discontinuance to all of the members of Congress representing any State or district in which the discontinuance would occur.”.
(a) State-Supported Route Committee.—Section 24712(a) of title 49, United States Code, is amended—
(1) in paragraph (1)—
(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)—
(5) in paragraph (7), as redesignated—
(A) in the paragraph heading, by striking “allocation methodology” and inserting “methodology policy”;
(C) by amending subparagraph (B) to read as follows:
“(B) REVISIONS TO COST METHODOLOGY POLICY.—
“(i) REQUIREMENT TO REVISE AND UPDATE.—Subject to rules and procedures established pursuant to clause (iii), not later than March 31, 2022, the Committee shall revise and update the cost methodology policy required and previously approved under section 209 of the Passenger Rail Investment and Improvement Act of 2008 (49 U.S.C. 20901 note). The Committee shall implement a revised cost methodology policy during fiscal year 2023. Not later than 30 days after the adoption of the revised cost methodology policy, the Committee shall submit a report documenting and explaining any changes to the cost methodology policy and plans for implementation of such policy, including a description of the improvements to the accounting information provided by Amtrak to the States, to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives. The revised cost methodology policy shall ensure that States will be responsible for costs attributable to the provision of service for their routes.
“(ii) IMPLEMENTATION IMPACTS ON FEDERAL FUNDING.—To the extent that a revision developed pursuant to clause (i) assigns to Amtrak costs that were previously allocated to States, Amtrak shall request with specificity such additional funding in the general and legislative annual report required under section 24315 or in any appropriate subsequent Federal funding request for the fiscal year in which the revised cost methodology policy will be implemented.
“(iii) PROCEDURES FOR CHANGING METHODOLOGY.—Notwithstanding section 209(b) of the Passenger Rail Investment and Improvement Act of 2008 (49 U.S.C. 20901 note), the rules and procedures implemented pursuant to paragraph (5) shall include—
(D) in subparagraph (C)—
(i) in the matter preceding clause (i), by striking “allocation methodology” and inserting “methodology policy”;
(E) by adding at the end the following:
“(D) INDEPENDENT EVALUATION.—Not later than March 31 of each year, the Committee shall ensure that an independent entity selected by the Committee has completed an evaluation to determine whether State payments for the most recently concluded fiscal year are accurate and comply with the applicable cost allocation methodology.”.
(b) Invoices and reports.—Section 24712(b) of title 49, United States Code, is amended to read as follows:
“(b) Invoices and reports.—
“(1) INVOICES.—Amtrak shall provide monthly invoices to the Committee and to each State that sponsors a State-supported route that identify the operating costs for such route, including fixed costs and third-party costs.
“(2) REPORTS.—
“(A) IN GENERAL.—The Committee shall determine the frequency and contents of—
“(B) MONTHLY STATISTICAL REPORT.—
(c) Dispute resolution.—Section 24712(c) of title 49, United States Code, is amended—
(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—
(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
(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—
(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—
“(2) STATE COMMITMENTS.—Notwithstanding any other provision of law, before beginning construction necessary for, or beginning operation of, a State-supported route that is initiated on or after the date of enactment of the Passenger Rail Expansion and Rail Safety Act of 2021, Amtrak shall enter into a memorandum of understanding, or otherwise secure an agreement, with each State that would be providing funding for such route for sharing—
“(h) Cost methodology policy update implementation report.—Not later than 18 months after the updated cost methodology policy required under subsection (a)(7)(B) is implemented, the Committee shall submit a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives that assesses the implementation of the updated policy.
“(i) Identification of State-supported route changes.—Amtrak shall—
“(1) not later than 120 days before the submission of the general and legislative annual report required under section 24315(b), consult with the Committee and any additional States through which a State-supported route may operate regarding any proposed changes to such route; and
“(j) Economic analysis.—Not later than 3 years after the date of enactment of the Passenger Rail Expansion and Rail Safety Act of 2021, the Committee shall submit a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives that—
(a) In general.—Not later than 1 year after the date of enactment of this Act, Amtrak, after consultation with the Secretary, the Secretary of Homeland Security, relevant State departments of transportation, Canadian governmental agencies and entities, and owners of the relevant rail infrastructure and facilities, shall submit a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives regarding enhancing Amtrak passenger rail service between the United States and Canada that—
Section 121 of the Amtrak Reform and Accountability Act of 1997 (49 U.S.C. 24312 note) is amended—
(2) by inserting after subsection (c) the following:
“(d) Furloughed work.—Amtrak may not contract out work within the classification of work performed by an employee in a bargaining unit covered by a collective bargaining agreement entered into between Amtrak and an organization representing Amtrak employees during the period such employee has been laid off and has not been recalled to perform such work.
(a) In general.—The Secretary shall conduct a study to evaluate the restoration of daily intercity rail passenger service along—
(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;
(3) develop a prioritized inventory of capital projects and other actions that are required to restore or enhance the service described in paragraph (1), including cost estimates for those projects and actions;
(4) develop recommendations for methods by which Amtrak could work with local communities and organizations to develop activities and programs to continuously improve public use of intercity passenger rail service along each route; and
(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—
(d) Consultation.—In conducting the study under this section, the Secretary shall consult, through working groups or other forums as the Secretary determines to be appropriate, with—
(3) regional transportation planning organizations and metropolitan planning organizations, municipalities, and communities along those relevant routes, to be selected by the Secretary;
(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;
Section 24904 of title 49, United States Code, is amended—
(3) by inserting before subsection (c), as redesignated, the following:
“(a) Northeast Corridor service development plan.—
“(1) IN GENERAL.—Not later than March 31, 2022, the Northeast Corridor Commission established under section 24905 (referred to in this section as the ‘Commission’) shall submit a service development plan to Congress.
“(b) Northeast Corridor capital investment plan.—
“(2) CONTENTS.—The plan required under paragraph (1) shall—
“(B) integrate the individual capital plans developed by Amtrak, States, and commuter authorities in accordance with the cost allocation policy developed and approved under section 24905(c);
“(C) cover a period of 5 fiscal years, beginning with the fiscal year during which the plan is submitted;
“(D) notwithstanding section 24902(b), document the projects and programs being undertaken to advance the service objectives and capital investments identified in the Northeast Corridor service development plan developed under subsection (a), and the asset condition needs identified in the Northeast Corridor asset management plans, after considering—
“(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
“(3) REVIEW AND COORDINATION.—The Commission shall require that the information described in paragraph (2) be submitted in a timely manner to allow for a reasonable period of review by, and coordination with, affected agencies before the Commission submits the capital investment plan pursuant to paragraph (1).”;
(4) in subsection (c), as redesignated, by striking “spent only on—” and all that follows and inserting “spent only on capital projects and programs contained in the Commission’s capital investment plan for the prior fiscal year.”; and
(5) by amending subsection (d), as redesignated, to read as follows:
“(d) Northeast Corridor capital asset management system.—
“(1) IN GENERAL.—Amtrak and other infrastructure owners that provide or support intercity rail passenger transportation along the Northeast Corridor shall develop an asset management system and use and update such system, as necessary, to develop submissions to the Northeast Corridor capital investment plan described in subsection (b).
“(2) FEATURES.—The system required under paragraph (1) shall develop submissions that—
“(A) are consistent with the transit asset management system (as defined in section 5326(a)(3)); and
Section 24905 of title 49, United States Code, is amended—
(3) in subsection (c)—
(A) in paragraph (1)—
(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,”;
(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—
(a) In general.—Section 22907 of title 49, United States Code, is amended—
(1) in subsection (b)—
(2) in subsection (c)—
(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.
(3) in subsection (h), by adding at the end the following:
“(4) GRADE CROSSING AND TRESPASSING PROJECTS.—Applicants may use costs incurred previously for preliminary engineering associated with highway-rail grade crossing improvement projects under subsection (c)(5) and trespassing prevention projects under subsection (c)(11) to satisfy the non-Federal share requirements.”.
(b) Rule of construction.—The amendments made by subsection (a) may not be construed to affect any grant, including any application for a grant, made under section 22907 of title 49, United States Code, before the date of enactment of this Act.
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—
“(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”;
(a) In general.—Chapter 229 of title 49, United States Code, is amended by adding at the end the following:
Ҥ 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—
“(c) Eligible recipients.—The following entities are eligible to receive a grant under this section:
“(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;
“(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);
“(e) Application process.—
“(1) IN GENERAL.—An eligible entity seeking a grant under the Program shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require.
“(2) RAILROAD APPROVALS.—
“(f) Project selection criteria.—
“(1) IN GENERAL.—In awarding grants under the Program, the Secretary shall evaluate the extent to which proposed projects would—
“(2) ADDITIONAL CONSIDERATIONS.—In awarding grants under the Program, the Secretary shall consider—
“(B) the applicant’s planned use of contracting incentives to employ local labor, to the extent permissible under Federal law;
“(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);
“(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
“(3) AWARD DISTRIBUTION.—In selecting grants for Program funds in any fiscal year, the Secretary shall comply with the following limitations:
“(A) GRANT FUNDS.—Not less than 20 percent of the grant funds available for the Program in any fiscal year shall be reserved for projects located in rural areas or on Tribal lands. The requirement under section 22907(l), which applies to this section, shall not apply to grant funds reserved specifically under this subparagraph. Not less than 5 percent of the grant funds reserved under this subparagraph shall be reserved for projects in counties with 20 or fewer residents per square mile, according to the most recent decennial census, provided that sufficient eligible applications have been submitted.
“(B) PLANNING GRANTS.—Not less than 25 percent of the grant funds set aside for planning projects in any fiscal year pursuant to section 22104(b) of the Passenger Rail Expansion and Rail Safety Act of 2021 shall be awarded for projects located in rural areas or on tribal lands.
“(g) Cost share.—Except as provided in paragraph (2), the Federal share of the cost of a project carried out using a grant under the Program may not exceed 80 percent of the total cost of the project. Applicants may count costs incurred for preliminary engineering associated with highway-rail and pathway-rail grade crossing improvement projects as part of the total project costs.
“(h) Congressional notification.—Not later than 3 days before awarding a grant for a project under the Program, the Secretary shall submit written notification of the proposed grant to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives, which shall include—
“(i) Annual report.—Not later than 60 days after each round of award notifications, the Secretary shall post, on the public website of the Department of Transportation—
“(1) a list of all eligible applicants that submitted an application for funding under the Program during the current fiscal year;
“(j) Commuter rail eligibility and grant conditions.—
“(1) IN GENERAL.—Section 22905(f) shall not apply to grants awarded under this section for commuter rail passenger transportation projects.
“(2) ADMINISTRATION OF FUNDS.—The Secretary of Transportation shall transfer amounts awarded under this section for commuter rail passenger transportation projects to the Federal Transit Administration, which shall administer such funds in accordance with chapter 53.
“(3) PROTECTIVE ARRANGEMENTS.—
“(A) IN GENERAL.—Notwithstanding paragraph (2) and section 22905(e)(1), as a condition of receiving a grant under this section, any employee covered by the Railway Labor Act (45 U.S.C. 151 et seq.) and the Railroad Retirement Act of 1974 (45 U.S.C. 231 et seq.) who is adversely affected by actions taken in connection with the project financed in whole or in part by such grant shall be covered by employee protective arrangements required to be established under section 22905(c)(2)(B).
(b) Clerical amendment.—The analysis for chapter 229 of title 49, United States Code, is amended by adding at the end the following:
“22909. Railroad Crossing Elimination Program.”.
(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:
Ҥ 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—
“(b) Maximum amount.—The Secretary may not award a grant under this section in an amount exceeding $1,000,000 per year.
“(c) Selection criteria.—In selecting a recipient of a grant for an eligible project under this section, the Secretary shall consider—
“(1) the amount of funding received (including funding from a rail carrier (as defined in section 24102)) or other participation by State, local, and regional governments and the private sector;
“(2) the applicant’s work to foster economic development through rail service, particularly in rural communities;
“(3) whether the applicant seeks to restore service over routes formerly operated by Amtrak, including routes described in section 11304(a) of the Passenger Rail Reform and Investment Act of 2015 (title XI of division A of Public Law 114–94);
“(4) the applicant’s dedication to providing intercity passenger rail service to regions and communities that are underserved or not served by other intercity public transportation;
“(5) whether the applicant is enhancing connectivity and geographic coverage of the existing national network of intercity passenger rail service;
“(6) whether the applicant has prepared regional rail or corridor service development plans and corresponding environmental analysis; and
“(7) whether the applicant has engaged with appropriate government entities and transportation providers to identify projects necessary to enhance multimodal connections or facilitate service integration between rail service and other modes, including between intercity passenger rail service and intercity bus service or commercial air service.
“(d) Numerical limitation.—The Secretary may not award grants under this section for more than 10 interstate rail compacts in any fiscal year.
“(e) Operator limitation.—The Secretary may only award grants under this section to applicants with eligible expenses related to intercity passenger rail service to be operated by Amtrak.
“(f) Non-Federal match.—The Secretary shall require each recipient of a grant under this section to provide a non-Federal match of not less than 50 percent of the eligible expenses of carrying out the interstate rail compact under this section.
“(g) Report.—Not later than 3 years after the date of enactment of the Passenger Rail Expansion and Rail Safety Act of 2021, the Secretary, after consultation with grant recipients under this section, shall submit a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives that describes—
“(2) the status of the planning efforts and coordination funded by grants awarded under this section;
(b) Clerical amendment.—The analysis for chapter 229 of title 49, United States Code (as amended by section 22305(b)), is amended by adding at the end the following:
“22910. Interstate Rail Compacts Grant Program.”.
(c) Identification.—Section 410 of the Amtrak Reform and Accountability Act of 1997 (Public Law 105–134; 49 U.S.C. 24101 note) is amended—
(2) by adding at the end the following:
“(c) Notification requirement.—Any State that enters into an interstate compact pursuant to subsection (a) shall notify the Secretary of Transportation of such compact not later than 60 days after it is formed. The failure of any State to notify the Secretary under this subsection shall not affect the status of the interstate compact.
“(d) Interstate rail compacts program.—The Secretary of Transportation shall—
(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)—
(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.
“(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
“(2) for projects not located on the Northeast Corridor, the Secretary shall—
“(A) give preference to eligible projects—
“(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;
“(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;
“(v) if applicable, the consistency of the project with planning guidance and documents set forth by the Secretary or otherwise required by law;
“(e) Long-term planning.—Not later than 1 year after the date of enactment of the Passenger Rail Expansion and Rail Safety Act of 2021, and every 2 years thereafter, the Secretary shall create a predictable project pipeline that will assist Amtrak, States, and the public with long-term capital planning by publishing a Northeast Corridor project inventory that—
“(1) identifies capital projects for Federal investment, project applicants, and proposed Federal funding levels under this section;
“(2) specifies the order in which the Secretary will provide grant funding to projects that have identified sponsors and are located along the Northeast Corridor, including a method and plan for apportioning funds to project sponsors for the 2-year period, which may be altered by the Secretary, as necessary, if recipients are not carrying out projects in accordance with the anticipated schedule;
“(3) takes into consideration the appropriate sequence and phasing of projects described in the Northeast Corridor capital investment plan developed pursuant to section 24904(a);
“(4) is consistent with the most recent Northeast Corridor service development plan update described in section 24904(d);
(5) in subsection (f)(2), by inserting “, except as specified under paragraph (4)” after “80 percent”;
(6) in subsection (g)—
(D) by inserting after paragraph (1) the following:
“(2) PHASED FUNDING AGREEMENTS.—
“(A) IN GENERAL.—The Secretary may enter into a phased funding agreement with an applicant if—
“(B) TERMS.—A phased funding agreement shall—
“(iii) include the period of time for completing the project, even if such period extends beyond the period for which Federal financial assistance is authorized;
“(iv) make timely and efficient management of the project easier in accordance with Federal law; and
“(v) if applicable, specify when the process for complying with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and related environmental laws will be completed for the project.
“(C) SPECIAL FINANCIAL RULES.—
“(i) IN GENERAL.—A phased funding agreement under this paragraph obligates an amount of available budget authority specified in law and may include a commitment, contingent on amounts to be specified in law in advance for commitments under this paragraph, to obligate an additional amount from future available budget authority specified in law.
“(ii) STATEMENT OF CONTINGENT COMMITMENT.—The agreement shall state that the contingent commitment is not an obligation of the Government.
“(iii) INTEREST AND OTHER FINANCING COSTS.—Interest and other financing costs of efficiently carrying out a part of the project within a reasonable time are a cost of carrying out the project under a phased funding agreement, except that eligible costs may not be more than the cost of the most favorable financing terms reasonably available for the project at the time of borrowing. The applicant shall certify, to the satisfaction of the Secretary, that the applicant has shown reasonable diligence in seeking the most favorable financing terms.
“(iv) FAILURE TO CARRY OUT PROJECT.—If an applicant does not carry out the project for reasons within the control of the applicant, the applicant shall repay all Federal grant funds awarded for the project from all Federal funding sources, for all project activities, facilities, and equipment, plus reasonable interest and penalty charges allowable by law or established by the Secretary in the phased funding agreement. For purposes of this clause, a process for complying with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) that results in the selection of the no build alternative is not within the applicant’s control.
(E) in paragraph (3), as redesignated—
(8) by adding at the end the following:
“(j) Annual report on phased funding agreements and letters of intent.—Not later than the first Monday in February of each year, the Secretary shall submit a report to the Committee on Commerce, Science, and Transportation of the Senate, the Committee on Appropriations of the Senate, the Committee on Transportation and Infrastructure of the House of Representatives, and the Committee on Appropriations of the House of Representatives that includes—
“(1) a proposal for the allocation of amounts to be available to finance grants for projects under this section among applicants for such amounts;
“(2) evaluations and ratings, as applicable, for each project that has received a phased funding agreement or a letter of intent; and
“(3) recommendations for each project that has received a phased funding agreement or a letter of intent for funding based on the evaluations and ratings, as applicable, and on existing commitments and anticipated funding levels for the next 3 fiscal years based on information currently available to the Secretary.
“(k) Regional planning guidance corridor planning.—The Secretary may withhold up to 5 percent of the total amount made available for this section to carry out planning and development activities related to section 25101, including—
(b) Clerical amendment.—The analysis for chapter 249 of title 49, United States Code, is amended by striking the item relating to section 24911 and inserting the following:
“24911. Federal-State partnership for intercity passenger rail.”.
(a) In general.—Part C of subtitle V of title 49, United States Code, is amended by adding at the end the following:
“Sec.
“25101. Corridor Identification and Development Program.
Ҥ 25101. Corridor Identification and Development Program
“(a) In general.—Not later than 180 days after the date of enactment of the Passenger Rail Expansion and Rail Safety Act of 2021, the Secretary of Transportation shall establish a program to facilitate the development of intercity passenger rail corridors. The program shall include—
“(1) a process for eligible entities described in subsection (b) to submit proposals for the development of intercity passenger rail corridors;
“(3) criteria for determining the level of readiness for Federal financial assistance of an intercity passenger rail corridor, which shall include—
“(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;
“(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;
“(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;
“(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;
“(12) whether the corridor would enhance the regional equity and geographic diversity of intercity passenger rail service;
“(d) Service development plans.—For each corridor proposal selected for development under this section, the Secretary shall partner with the entity that submitted the proposal, relevant States, and Amtrak, as appropriate, to prepare a service development plan (or to update an existing service development plan), which shall include—
“(1) a detailed description of the proposed intercity passenger rail service, including train frequencies, peak and average operating speeds, and trip times;
“(2) a corridor project inventory that—
“(A) identifies the capital projects necessary to achieve the proposed intercity passenger rail service, including—
“(5) a description of how the corridor would comply with Federal rail safety and security laws, orders, and regulations;
“(9) a description of how the corridor would contribute to the development of a multi-State regional network of intercity passenger rail;
“(e) Consultation.—In partnering on the preparation of a service development plan under subsection (d), the Secretary shall consult with—
“(f) Updates.—Every 5 years, after the initial development of the service development plan under subsection (d), if at least 40 percent of the work to implement a service development plan prepared under subsection (d) has not yet been completed, the plan’s sponsor, in consultation with the Secretary, shall determine whether such plan should be updated.
“(g) Project pipeline.—Not later than 1 year after the establishment of the program under this section, and by February 1st of each year thereafter, the Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate, the Committee on Appropriations of the Senate, and the Committee on Transportation and Infrastructure of the House of Representatives, and the Committee on Appropriations of the House of Representatives a project pipeline, in accordance with this section, that—
“(2) identifies capital projects for Federal investment, project applicants, and proposed Federal funding levels, as applicable, consistent with the corridor project inventory;
“(3) specifies the order in which the Secretary would provide Federal financial assistance, subject to the availability of funds, to projects that have identified sponsors, including a method and plan for apportioning funds to project sponsors for a 5-year period, which may be altered by the Secretary, as necessary, if recipients are not carrying out projects on the anticipated schedule;
“(4) takes into consideration the appropriate sequence and phasing of projects described in the corridor project inventory;
(a) In general.—Not later than 3 years after the date of enactment of this Act, the Secretary shall evaluate the requirements of the railway-highway crossings program authorized under section 130 of title 23, United States Code, to determine whether—
(1) the requirements of the program provide States sufficient flexibility to adequately address current and emerging highway-rail grade crossing safety issues;
(2) the structure of the program provides sufficient incentives and resources to States and local agencies to make changes at highway-rail grade crossings that are most effective at reducing deaths and injuries;
(b) Report.—Not later than 4 years after the date of enactment of this Act, the Secretary shall submit a report to the Committee on Commerce, Science, and Transportation of the Senate, the Committee on Environment and Public Works of the Senate, and the Committee on Transportation and Infrastructure of the House of Representatives that summarizes and describes the results of the evaluation conducted pursuant to subsection (a), including any recommended statutory changes.
Not later than 2 years after the date of enactment of this Act, the Administrator of the Federal Railroad Administration shall—
(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—
(b) Reports on highway-rail grade crossing safety.—
(1) IN GENERAL.—Chapter 201 of title 49, United States Code, is amended by inserting after section 20166 the following:
Ҥ 20167. Reports on highway-rail grade crossing safety
“(a) Report.—Not later than 4 years after the date by which States are required to submit State highway-rail grade crossing action plans under section 11401(b) of the Fixing America’s Surface Transportation Act (49 U.S.C. 22907 note), the Administrator of the Federal Railroad Administration, in consultation with the Administrator of the Federal Highway Administration, shall submit a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives that summarizes the State highway-rail grade crossing action plans, including—
“(1) an analysis and evaluation of each State railway-highway crossings program under section 130 of title 23, including—
“(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;
“(b) Updates.—Not later than 5 years after the submission of the report required under subsection (a), the Administrator of the Federal Railroad Administration, in consultation with the Administrator of the Federal Highway Administration, shall—
“(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
(2) CLERICAL AMENDMENT.—The analysis for chapter 201 of title 49, United States Code, is amended by inserting after the item relating to section 20166 the following:
“20167. Reports on highway-rail grade crossing safety.”.
(c) Annual report.—Section 130(g) of title 23, United States Code, is amended to read as follows:
“(g) Annual report.—
“(1) IN GENERAL.—Not later than August 31 of each year, each State shall submit a report to the Administrator of the Federal Highway Administration that describes—
(a) 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;
(c) Complaints.—The blocked crossing portal shall be programmed to receive complaints from the general public about blocked highway-rail grade crossings. Any complaint reported through the portal shall indicate whether the complainant also reported the blocked crossing to the relevant railroad.
(d) Information received.—In reviewing complaints received pursuant to subsection (c), the Federal Railroad Administration shall review, to the extent practicable, the information received from the complainant to account for duplicative or erroneous reporting.
(e) Use of information.—The information received and maintained in the blocked crossing portal database shall be used by the Federal Railroad Administration—
(f) Sharing information received.—
(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—
(i) Reports.—
(1) ANNUAL PUBLIC REPORT.—The Administrator of the Federal Railroad Administration shall publish an annual report on a public website regarding the blocked crossing program, including the underlying causes of blocked crossings, program challenges, and other findings.
(2) REPORT TO CONGRESS.—Not later than 1 year after the date of enactment of this Act, the Administrator of the Federal Railroad Administration shall submit a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives that describes—
(A) based on the information received through the blocked crossing portal, frequent and long-duration blocked highway-rail grade crossings, including the locations, dates, durations, and impacts resulting from such occurrences;
(B) the Federal Railroad Administration’s process for verifying the accuracy of the complaints submitted to the blocked crossing portal, including whether the portal continues to be effective in collecting such information and identifying blocked crossings;
(C) the Federal Railroad Administration’s use of the data compiled by the blocked crossing portal to assess the underlying cause and overall impacts of blocked crossings;
(a) Review.—Not later than 180 days after the date of enactment of this Act, the Chief Information Officer of the Department shall—
(b) Updates.—Not later than 1 year after receiving recommendations from the Chief Information Officer pursuant to subsection (a)(2), the Secretary, after considering such recommendations, shall update the website of the Office of Safety Analysis of the Federal Railroad Administration to improve the usability and accessibility of the website.
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—
(a) Comprehensive safety assessment.—Not later than 1 year after the date of enactment of this Act, the Secretary shall—
(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.
(a) In general.—Not later than 90 days after the date of enactment of this Act, the Administrator of the Federal Railroad Administration shall commence the pilot programs required under subparagraphs (A) and (B) of section 21109(e)(1) of title 49, United States Code.
(b) Consultation.—The Federal Railroad Administration shall consult with the class or craft of employees impacted by the pilot projects, including railroad carriers, and representatives of labor organizations representing the impacted employees when designing and conducting the pilot programs referred to in subsection (a).
(c) Report.—If the pilot programs required under section 21109(e)(1) of title 49, United States Code, have not commenced on the date that is 1 year and 120 days after the date of enactment of this Act, the Secretary, not later than 30 days after such date, submit a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives that describes—
(a) Study.—The Comptroller General of the United States shall conduct a study to determine the annual positive train control system operation and maintenance costs for public commuter railroads.
(b) Report.—Not later than 2 years after the date of enactment of this Act, the Comptroller General of the United States shall submit a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives that summarizes the study conducted pursuant to subsection (a), including the estimated annual positive train control system operation and maintenance costs for public commuter railroads.
(a) Audits.—Not later than 60 days after the date of enactment of this Act, the Secretary shall initiate audits of the training, qualification, and certification programs of locomotive engineers and conductors of railroad carriers, subject to the requirements of parts 240 and 242 of title 49, Code of Federal Regulations, which audits shall—
(3) assess the type and content of training that such programs provide locomotive engineers and conductors, relevant to their respective roles, including training related to installed technology;
(4) determine whether such programs provide locomotive engineers and conductors the knowledge, skill, and ability to safely operate a locomotive or train, consistent with such parts 240 and 242;
(5) determine whether such programs reflect the current operating practices of the railroad carrier;
(6) assess the current practice by which railroads utilize simulator training, or any other technologies used to train and qualify locomotive engineers and conductors by examining how such technologies are used;
(7) consider international experience and practice using similar technology, as appropriate, particularly before qualifying locomotive engineers on new or unfamiliar equipment, new train control, diagnostics, or other on-board technology;
(b) Audit scheduling.—The Secretary shall—
(1) schedule the audits required under subsection (a) to ensure that—
(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—
(3) FAILURE TO COOPERATE.—If the Secretary determines that a railroad or any of its employees, including any nonprofit employee labor organization representing engineers or conductors of the railroad is not fully cooperating with an audit, the Secretary shall electronically notify the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives.
(e) Review of regulations.—The Secretary shall triennially determine whether any update to part 240 or 242 of title 49, Code of Federal Regulations, is necessary to better prepare locomotive engineers and conductors to safely operate trains by evaluating whether such regulations establish appropriate Federal standards requiring railroads—
(1) to provide locomotive engineers or conductors the knowledge and skills to safely operate trains under conditions that reflect industry practices;
(2) to adequately address locomotive engineer or conductor route situational awareness, including ensuring locomotive engineers and conductors to demonstrate knowledge on the physical characteristics of a territory under various conditions and using various resources;
(3) to provide relevant and adequate hands-on training before a locomotive engineer or conductor is certified;
Section 20103(d) of title 49, United States Code, is amended to read as follows:
“(d) Nonemergency waivers.—
“(1) IN GENERAL.—The Secretary of Transportation may waive, or suspend the requirement to comply with, any part of a regulation prescribed or an order issued under this chapter if such waiver or suspension is in the public interest and consistent with railroad safety.
“(2) NOTICE REQUIRED.—The Secretary shall—
“(A) provide timely public notice of any request for a waiver under this subsection or for a suspension under subpart E of part 211 of title 49, Code of Federal Regulations, or successor regulations;
“(B) make available the application for such waiver or suspension and any nonconfidential underlying data to interested parties;
“(3) INFORMATION PROTECTION.—Nothing in this subsection may be construed to require the release of information protected by law from public disclosure.
“(4) RULEMAKING.—
“(A) IN GENERAL.—Not later than 1 year after the first day on which a waiver under this subsection or a suspension under subpart E of part 211 of title 49, Code of Federal Regulations, or successor regulations, has been in continuous effect for a 6-year period, the Secretary shall complete a review and analysis of such waiver or suspension to determine whether issuing a rule that is consistent with the waiver is—
“(B) FACTORS.—In conducting the review and analysis under subparagraph (A), the Secretary shall consider—
“(C) NOTICE AND COMMENT.—
“(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.
Section 20108 of title 49, United States Code, is amended by adding at the end the following:
“(d) Facilities.—The Secretary may erect, alter, and repair buildings and make other public improvements to carry out necessary railroad research, safety, and training activities at the Transportation Technology Center in Pueblo, Colorado.
“(e) Offsetting collections.—The Secretary may collect fees or rents from facility users to offset appropriated amounts for the cost of providing facilities or research, development, testing, training, or other services, including long-term sustainment of the on-site physical plant.
“(f) Revolving fund.—Amounts appropriated to carry out subsection (d) and all fees and rents collected pursuant to subsection (e) shall be credited to a revolving fund and remain available until expended. The Secretary may use such fees and rents for operation, maintenance, repair, or improvement of the Transportation Technology Center.
“(g) Leases and contracts.—Notwithstanding section 1302 of title 40, the Secretary may lease to others or enter into contracts for terms of up to 20 years, for such consideration and subject to such terms and conditions as the Secretary determines to be in the best interests of the Government of the United States, for the operation, maintenance, repair, and improvement of the Transportation Technology Center.
“(h) Property and casualty loss insurance.—The Secretary may allow its lessees and contractors to purchase property and casualty loss insurance for its assets and activities at the Transportation Technology Center to mitigate the lessee’s or contractor’s risk associated with operating a facility.
“(i) Energy projects.—Notwithstanding section 1341 of title 31, the Secretary may enter into contracts or agreements, or commit to obligations in connection with third-party contracts or agreements, including contingent liability for the purchase of electric power in connection with such contracts or agreements, for terms not to exceed 20 years, to enable the use of the land at the Transportation Technology Center for projects to produce energy from renewable sources.”.
Section 20108 of title 49, United States Code, as amended by section 22412, is further amended by adding at the end the following:
“(j) Rail Research and Development Center of Excellence.—
“(1) CENTER OF EXCELLENCE.—The Secretary shall award grants to establish and maintain a center of excellence to advance research and development that improves the safety, efficiency, and reliability of passenger and freight rail transportation.
“(2) ELIGIBILITY.—An institution of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)) or a consortium of nonprofit institutions of higher education shall be eligible to receive a grant from the center established pursuant to paragraph (1).
“(3) SELECTION CRITERIA.—In awarding a grant under this subsection, the Secretary shall—
“(A) give preference to applicants with strong past performance related to rail research, education, and workforce development activities;
“(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.
Section 20157 of title 49, United States Code, is amended by adding at the end the following:
“(m) Reports on positive train control system performance.—
“(1) IN GENERAL.—Each host railroad subject to this section or subpart I of part 236 of title 49, Code of Federal Regulations, shall electronically submit to the Secretary of Transportation a Report of PTC System Performance on Form FRA F 6180.152, which shall be submitted on or before the applicable due date set forth in paragraph (3) and contain the information described in paragraph (2), which shall be separated by the host railroad, each applicable tenant railroad, and each positive train control-governed track segment, consistent with the railroad’s positive train control Implementation Plan described in subsection (a)(1).
“(2) REQUIRED INFORMATION.—Each report submitted pursuant to paragraph (1) shall include, for the applicable reporting period—
“(A) the number of positive train control system initialization failures, disaggregated by the number of initialization failures for which the source or cause was the onboard subsystem, the wayside subsystem, the communications subsystem, the back office subsystem, or a non-positive train control component;
“(B) the number of positive train control system cut outs, disaggregated by each component listed in subparagraph (A) that was the source or cause of such cut outs;
“(C) the number of positive train control system malfunctions, disaggregated by each component listed in subparagraph (A) that was the source or cause of such malfunctions;
“(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—
“(B) FREQUENCY REDUCTION.—Beginning on the date that is 3 years after the date of enactment of the Passenger Rail Expansion and Rail Safety Act of 2021, the Secretary shall reduce the frequency with which host railroads are required to submit the report described in paragraph (1) to not less frequently than twice per year, unless the Secretary—
“(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.
(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:
Ҥ 20169. Speed limit action plans
“(a) In general.—Not later than March 3, 2016, each railroad carrier providing intercity rail passenger transportation or commuter rail passenger transportation, in consultation with any applicable host railroad carrier, shall survey its entire system and identify each main track location where there is a reduction of more than 20 miles per hour from the approach speed to a curve, bridge, or tunnel and the maximum authorized operating speed for passenger trains at that curve, bridge, or tunnel.
“(b) Action plans.—Not later than 120 days after the date that the survey under subsection (a) is complete, a railroad carrier described in subsection (a) shall submit to the Secretary of Transportation an action plan that—
“(1) identifies each main track location where there is a reduction of more than 20 miles per hour from the approach speed to a curve, bridge, or tunnel and the maximum authorized operating speed for passenger trains at that curve, bridge, or tunnel;
“(2) describes appropriate actions to enable warning and enforcement of the maximum authorized speed for passenger trains at each location identified under paragraph (1), including—
“(c) Approval.—Not later than 90 days after the date on which an action plan is submitted under subsection (b) or (d)(2), the Secretary shall approve, approve with conditions, or disapprove the action plan.
“(d) Periodic reviews and updates.—Each railroad carrier that submits an action plan to the Secretary pursuant to subsection (b) shall—
“(1) not later than 1 year after the date of enactment of the Passenger Rail Expansion and Rail Safety Act of 2021, and annually thereafter, review such plan to ensure the effectiveness of actions taken to enable warning and enforcement of the maximum authorized speed for passenger trains at each location identified pursuant to subsection (b)(1); and
“(2) not later than 90 days before implementing any significant operational or territorial operating change, including initiating a new service or route, submit to the Secretary a revised action plan, after consultation with any applicable host railroad, that addresses such operational or territorial operating change.
“(e) New service.—If a railroad carrier providing intercity rail passenger transportation or commuter rail passenger transportation did not exist on the date of enactment of the FAST Act (Public Law 114–94; 129 Stat. 1312), such railroad carrier, in consultation with any applicable host railroad carrier, shall—
“(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.
(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:
Ҥ 20170. Pre-revenue service safety validation plan
“(a) Plan submission.—Any railroad providing new, regularly scheduled, intercity or commuter rail passenger transportation, an extension of existing service, or a renewal of service that has been discontinued for more than 180 days shall develop and submit for review a comprehensive pre-revenue service safety validation plan to the Secretary of Transportation not later than 60 days before initiating such revenue service. Such plan shall include pertinent safety milestones and a minimum period of simulated revenue service to ensure operational readiness and that all safety sensitive personnel are properly trained and qualified.
“(b) Compliance.—After submitting a plan pursuant to subsection (a), the railroad shall adopt and comply with such plan and may not amend the plan without first notifying the Secretary of the proposed amendment. Revenue service may not begin until the railroad has completed the requirements of its plan, including the minimum simulated service period required by the plan.
(b) Clerical amendment.—The analysis for chapter 201 of title 49, United States Code, as amended by section 22415(b), is further amended by adding at the end the following:
“20170. Pre-revenue service safety validation plan.”.
Section 20902 of title 49, United States Code, is amended—
(2) by adding at the end the following:
“(d) Gathering information and technical expertise.—
“(1) IN GENERAL.—The Secretary shall create a standard process for investigators to use during accident and incident investigations conducted under this section for determining when it is appropriate and the appropriate method for—
Section 21301(a) of title 49, United States Code, is amended by striking paragraph (3) and inserting the following:
“(3) The Secretary may find that a person has violated this chapter or a regulation prescribed or order, special permit, or approval issued under this chapter only after notice and an opportunity for a hearing. The Secretary shall impose a penalty under this section by giving the person written notice of the amount of the penalty. The Secretary may compromise the amount of a civil penalty by settlement agreement without issuance of an order. In determining the amount of a compromise, the Secretary shall consider—
“(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.”.
(a) In general.—Section 26103 of title 49, United States Code, is amended to read as follows:
(b) Clerical amendment.—The analysis for chapter 261 of title 49, United States Code, is amended by striking the item relating to section 26103 and inserting the following:
“26103. Safety regulations and evaluation.”.
(a) Study.—The Administrator of the Federal Railroad Administration shall conduct a study of the potential installation and use in new passenger rail rolling stock of passenger rail vehicle occupant protection systems that could materially improve passenger safety.
(b) Considerations.—In conducting the study under subsection (a), the Administrator shall consider minimizing the risk of secondary collisions, including estimating the costs and benefits of the new requirements, through the use of—
(c) Report.—Not later than 2 years after the date of enactment of this Act, the Administrator shall—
(d) Rulemaking.—Following the completion of the study required under subsection (a), and after considering the costs and benefits of the proposed protection systems, the Administrator may promulgate a rule that establishes standards for the use of occupant protection systems in new passenger rail rolling stock.
(a) Elimination of duplicative or unnecessary reporting or paperwork requirements in the Federal Railroad Administration.—
(1) REVIEW.—The Administrator of the Federal Railroad Administration (referred to in this subsection as the “FRA Administrator”), in consultation with the Administrator of the Federal Transit Administration, shall conduct a review of existing reporting and paperwork requirements in the Federal Railroad Administration to determine if any such requirements are duplicative or unnecessary.
(2) ELIMINATION OF CERTAIN REQUIREMENTS.—If the FRA Administrator determines, as a result of the review conducted pursuant to paragraph (1), that any reporting or paperwork requirement that is not statutorily required is duplicative or unnecessary, the FRA Administrator, after consultation with the Administrator of the Federal Transit Administration, shall terminate such requirement.
(3) REPORT.—Not later than 1 year after the date of enactment of this Act, the FRA Administrator shall submit a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives that—
(b) Safety reporting.—Not later than 1 year after the date of enactment of this Act, and annually thereafter for the following 4 years, the Secretary shall update Special Study Block 49 on Form FRA F 6180.54 (Rail Equipment Accident/Incident Report) to collect, with respect to trains involved in accidents required to be reported to the Federal Railroad Administration—
(a) Study.—The Secretary shall seek to enter into an agreement with the National Academies to conduct a study on the operation of freight trains that are longer than 7,500 feet.
(b) Elements.—The study conducted pursuant to subsection (a) shall—
(1) examine any potential impacts to safety from the operation of freight trains that are longer than 7,500 feet and the mitigation of any identified risks, including—
(A) any potential changes in the risk of loss of communications between the end of train device and the locomotive cab, including communications over differing terrains and conditions;
(B) any potential changes in the risk of loss of radio communications between crew members when a crew member alights from the train, including communications over differing terrains and conditions;
(C) any potential changes in the risk of derailments, including any risks associated with in-train compressive forces and slack action or other safety risks in the operations of such trains in differing terrains and conditions;
(2) evaluate any impacts on scheduling and efficiency of passenger operations and in the shipping of goods by freight as a result of longer trains;
(3) determine whether additional engineer and conductor training is required for safely operating such trains;
(c) Comparison.—When evaluating the potential impacts of the operation of trains longer than 7,500 feet under subsection (b), the impacts of such trains shall be compared to the impacts of trains that are shorter than 7,500 feet, after taking into account train frequency.
(d) Report.—Not later than 2 years after the date of enactment of this Act, the Secretary shall submit a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives that contains the results of the study conducted by the National Academies under this section.
(a) In general.—Section 17 of the Noise Control Act of 1972 (42 U.S.C. 4916) is amended—
(2) by inserting after subsection (b) the following:
“(c) High-speed train noise emissions.—
“(1) IN GENERAL.—The Secretary of Transportation, in consultation with the Administrator, may prescribe regulations governing railroad-related noise emission standards for trains operating on the general railroad system of transportation at speeds exceeding 160 miles per hour, including noise related to magnetic levitation systems and other new technologies not traditionally associated with railroads.
(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”.
The Secretary shall amend part 272 of title 49, Code of Federal Regulations, to the extent necessary to ensure that—
(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:
Ҥ 20171. Requirements for railroad freight cars placed into service in the United States
“(a) Definitions.—In this section:
“(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—
“(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—
“(10) STATE-OWNED ENTERPRISE.—The term ‘state-owned enterprise’ means—
“(11) SUBSTANTIALLY TRANSFORMED.—The term ‘substantially transformed’ means a component of a railroad freight car that undergoes an applicable change in tariff classification as a result of the manufacturing process, as described in chapter 4 and related annexes of the USMCA or any subsequent free trade agreement between the United States, Mexico, and Canada.
“(12) USMCA.—The term ‘USMCA’ has the meaning given the term in section 3 of the United States-Mexico-Canada Agreement Implementation Act (19 U.S.C. 4502).
“(b) Requirements for railroad freight cars.—
“(1) LIMITATION ON RAILROAD FREIGHT CARS.—A railroad freight car wholly manufactured on or after the date that is 1 year after the date of issuance of the regulations required under subsection (c)(1) may only operate on the United States general railroad system of transportation if—
“(A) the railroad freight car is manufactured, assembled, and substantially transformed, as applicable, by a qualified manufacturer in a qualified facility;
“(B) none of the sensitive technology located on the railroad freight car, including components necessary to the functionality of the sensitive technology, originates from a country of concern or is sourced from a state-owned enterprise; and
“(C) none of the content of the railroad freight car, excluding sensitive technology, originates from a country of concern or is sourced from a state-owned enterprise that has been determined by a recognized court or administrative agency of competent jurisdiction and legal authority to have violated or infringed valid United States intellectual property rights of another including such a finding by a Federal district court under title 35 or the U.S. International Trade Commission under section 337 of the Tariff Act of 1930 (19 U.S.C. 1337).
“(2) LIMITATION ON RAILROAD FREIGHT CAR CONTENT.—
“(A) PERCENTAGE LIMITATION.—
“(i) INITIAL LIMITATION.—Not later than 1 year after the date of issuance of the regulations required under subsection (c)(1), a railroad freight car described in paragraph (1) may operate on the United States general railroad system of transportation only if not more than 20 percent of the content of the railroad freight car, calculated by the net cost of all components of the car and excluding the cost of sensitive technology, originates from a country of concern or is sourced from a state-owned enterprise.
“(ii) SUBSEQUENT LIMITATION.—Effective beginning on the date that is 3 years after the date of issuance of the regulations required under subsection (c)(1), a railroad freight car described in paragraph (1) may operate on the United States general railroad system of transportation only if not more than 15 percent of the content of the railroad freight car, calculated by the net cost of all components of the car and excluding the cost of sensitive technology, originates from a country of concern or is sourced from a state-owned enterprise.
“(c) Regulations and penalties.—
“(1) REGULATIONS REQUIRED.—Not later than 2 years after the date of enactment of the Passenger Rail Expansion and Rail Safety Act of 2021, the Secretary of Transportation shall issue such regulations as are necessary to carry out this section, including for the monitoring and sensitive technology requirements of this section.
“(2) CERTIFICATION REQUIRED.—To be eligible to provide a railroad freight car for operation on the United States general railroad system of transportation, the manufacturer of such car shall annually certify to the Secretary of Transportation that any railroad freight cars to be so provided meet the requirements under this section.
“(3) COMPLIANCE.—
“(A) VALID CERTIFICATION REQUIRED.—At the time a railroad freight car begins operation on the United States general railroad system of transportation, the manufacturer of such railroad freight car shall have valid certification described in paragraph (2) for the year in which such car begins operation.
“(4) CIVIL PENALTIES.—
“(A) IN GENERAL.—Pursuant to section 21301, the Secretary of Transportation may assess a civil penalty of not less than $100,000, but not more than $250,000, for each violation of this section for each railroad freight car.
“(B) PROHIBITION ON OPERATION FOR VIOLATIONS.—The Secretary of Transportation may prohibit a railroad freight car manufacturer with respect to which the Secretary has assessed more than 3 violations under subparagraph (A) from providing additional railroad freight cars for operation on the United States general railroad system of transportation until the Secretary determines—
(b) Clerical amendment.—The analysis for chapter 201 of subtitle V of title 49, United States Code (as amended by section 22416(b)), is amended by adding at the end the following:
“20171. Requirements for railroad freight cars placed into service in the United States.”.
All railroads shall—
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.
(a) Administrative expenses.—Section 31110 of title 49, United States Code, is amended by striking subsection (a) and inserting the following:
(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)—
“(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)—
“(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;
(2) in subsection (b)(2)—
(D) in subparagraph (A) (as so designated), by adding at the end the following:
“(ii) COMMERCIAL MOTOR VEHICLE ENFORCEMENT TRAINING AND SUPPORT GRANT PROGRAM.—The Secretary shall reimburse a recipient, in accordance with a financial assistance agreement made under section 31102(l)(5), an amount that is equal to 100 percent of the costs incurred by the recipient in a fiscal year in developing and implementing a training program under that section.”;
(4) in subsection (f)—
(A) in paragraph (1), by striking “for the next fiscal year” and inserting “for the next 2 fiscal years”;
(5) in subsection (i)—
(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.”.
Section 4144 of the SAFETEA–LU (49 U.S.C. 31100 note; Public Law 109–59) is amended—
Section 31102(l) of title 49, United States Code, is amended—
(1) in paragraph (2)—
(C) by inserting after subparagraph (G) the following:
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—
“(C) LIST OF CRITERIA FOR IMMOBILIZATION.—The Secretary, in consultation with State commercial motor vehicle entities, shall develop a list of commercial motor vehicle safety violations and defects that the Secretary determines warrant the immediate immobilization of a passenger-carrying commercial motor vehicle.
“(D) ELIGIBILITY.—A State shall be eligible to receive a grant under this paragraph only if the State has the authority to require the immobilization or impoundment of a passenger-carrying commercial motor vehicle—
Section 31102(l) of title 49, United States Code (as amended by section 23004), is amended—
(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—
(a) Definitions.—In this section:
(b) Study.—The Secretary shall carry out a comprehensive study—
(1) to determine the causes of, and contributing factors to, crashes that involve a commercial motor vehicle; and
(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—
(d) Consultation.—In designing and carrying out the study, the Secretary may consult with individuals or entities with expertise on—
(e) Public comment.—The Secretary shall make available for public comment information about the objectives, methodology, implementation, findings, and other aspects of the study.
(f) Reports.—As soon as practicable after the date on which the study is completed, the Secretary shall submit to Congress a report describing the results of the study and any legislative recommendations to facilitate reductions in the matters described in paragraphs (1) through (3) of subsection (c).
(a) Findings.—Congress finds that—
(2) women are significantly underrepresented in the trucking industry, holding only 24 percent of all transportation and warehousing jobs and representing only—
(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.
(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—
(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).
(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—
(B) REPORT.—Not later than 2 years after the date of enactment of this Act, the Board shall submit to the Administrator a report containing the findings and recommendations of the Board, including recommendations that companies, associations, institutions, other organizations, or the Administrator may adopt—
(ii) to coordinate the functions of trucking companies, nonprofit organizations, and trucking associations in a manner that facilitates support for women pursuing careers in trucking;
(4) REPORT TO CONGRESS.—
(a) In general.—Not later than 1 year after the date of enactment of this Act, the Secretary shall solicit additional comment on the advance notice of proposed rulemaking entitled “State Inspection Programs for Passenger-Carrier Vehicles” (81 Fed. Reg. 24769 (April 27, 2016)).
(b) Final rule.—
(1) IN GENERAL.—After reviewing all comments received in response to the solicitation under subsection (a), if the Secretary determines that data and information exist to support moving forward with a final rulemaking action, the Secretary shall issue a final rule relating to the advance notice of proposed rulemaking described in that subsection.
(a) Establishment.—Not later than 180 days after the date of enactment of this Act, the Secretary, in consultation with the Secretary of Labor, shall establish a task force, to be known as the “Truck Leasing Task Force” (referred to in this section as the “Task Force”).
(b) Membership.—
(1) IN GENERAL.—The Secretary shall select not more than 10 individuals to serve as members of the Task Force, including at least 1 representative from each of the following:
(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;
(3) (A) the existence of inequitable leasing agreements and terms in the motor carrier industry;
(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;
(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—
(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;
(3) recommendations relating to changes to laws (including regulations), as applicable, at the Federal, State, or local level to promote fair leasing agreements under which a commercial motor vehicle driver, including a short haul driver, who is a party to such an agreement is able to earn a rate commensurate with other commercial motor vehicle drivers performing similar duties.
(a) Definitions.—In this section:
(b) Federal motor vehicle safety standard.—
(1) IN GENERAL.—Not later than 2 years after the date of enactment of this Act, the Secretary shall—
(A) prescribe a motor vehicle safety standard under section 30111 of title 49, United States Code, that requires any commercial motor vehicle subject to section 571.136 of title 49, Code of Federal Regulations (relating to Federal Motor Vehicle Safety Standard Number 136) (or a successor regulation) that is manufactured after the effective date of the standard prescribed under this subparagraph to be equipped with an automatic emergency braking system; and
(2) CONSIDERATIONS.—Prior to prescribing the motor vehicle safety standard under paragraph (1)(A), the Secretary shall—
(c) Federal motor carrier safety regulation.—Not later than 1 year after the date of enactment of this Act, the Secretary shall prescribe a regulation under section 31136 of title 49, United States Code, that requires that an automatic emergency braking system installed in a commercial motor vehicle manufactured after the effective date of the standard prescribed under subsection (b)(1)(A) that is in operation on or after that date and is subject to section 571.136 of title 49, Code of Federal Regulations (relating to Federal Motor Vehicle Safety Standard Number 136) (or a successor regulation) be used at any time during which the commercial motor vehicle is in operation.
(d) Report on automatic emergency braking in other commercial motor vehicles.—
(1) STUDY.—Not later than 2 years after the date of enactment of this Act, the Secretary shall complete a study on equipping a variety of commercial motor vehicles not subject to section 571.136 of title 49, Code of Federal Regulations (relating to Federal Motor Vehicle Safety Standard Number 136) (or a successor regulation) as of that date of enactment with automatic emergency braking systems to avoid or mitigate a collision with an obstacle in the path of the commercial motor vehicle, including an assessment of the feasibility, benefits, and costs associated with installing automatic emergency braking systems on a variety of newly manufactured commercial motor vehicles with a gross vehicle weight rating greater than 10,001 pounds.
(2) INDEPENDENT RESEARCH.—If the Secretary enters into a contract with a third party to perform research relating to the study required under paragraph (1), the Secretary shall ensure that the third party does not have any financial or contractual ties to, or relationships with—
(3) PUBLIC COMMENT.—Not later than 90 days after the date on which the study under paragraph (1) is completed, the Secretary shall—
(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—
(5) RULEMAKING.—Not later than 2 years after the date on which the study under paragraph (1) is completed, the Secretary shall—
(A) determine whether a motor vehicle safety standard relating to equipping the commercial motor vehicles described in that paragraph with automatic emergency braking systems would meet the requirements and considerations described in subsections (a) and (b) of section 30111 of title 49, United States Code; and
(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.
(b) Rear underride guards.—
(1) TRAILERS AND SEMITRAILERS.—
(A) IN GENERAL.—Not later than 1 year after the date of enactment of this Act, the Secretary shall promulgate such regulations as are necessary to revise sections 571.223 and 571.224 of title 49, Code of Federal Regulations (relating to Federal Motor Vehicle Safety Standard Numbers 223 and 224, respectively), to require trailers and semitrailers manufactured after the date on which those regulations are promulgated to be equipped with rear impact guards that are designed to prevent passenger compartment intrusion from a trailer or semitrailer when a passenger motor vehicle traveling at 35 miles per hour makes—
(i) an impact in which the passenger motor vehicle impacts the center of the rear of the trailer or semitrailer;
(ii) an impact in which 50 percent of the width of the passenger motor vehicle overlaps the rear of the trailer or semitrailer; and
(iii) an impact in which 30 percent of the width of the passenger motor vehicle overlaps the rear of the trailer or semitrailer, if the Secretary determines that a revision of sections 571.223 and 571.224 of title 49, Code of Federal Regulations (relating to Federal Motor Vehicle Safety Standard Numbers 223 and 224, respectively) to address such an impact would meet the requirements and considerations described in subsections (a) and (b) of section 30111 of title 49, United States Code.
(2) ADDITIONAL RESEARCH.—The Secretary shall conduct additional research on the design and development of rear impact guards that can—
(3) REVIEW OF STANDARDS.—Not later than 5 years after the date on which the regulations under paragraph (1)(A) are promulgated, the Secretary shall—
(4) INSPECTIONS.—
(A) IN GENERAL.—Not later than 1 year after the date of enactment of this Act, the Secretary shall promulgate such regulations as are necessary to revise the regulations relating to minimum periodic inspection standards under appendix G to subchapter B of chapter III of title 49, Code of Federal Regulations, and the regulations relating to driver vehicle inspection reports under section 396.11 of that title to include requirements relating to rear impact guards and rear end protection that are consistent with the requirements described in section 393.86 of that title.
(B) CONSIDERATIONS.—In revising the regulations described in subparagraph (A), the Secretary shall consider it to be a defect or a deficiency if a rear impact guard is missing an, or has a corroded or compromised, element that affects the structural integrity and protective feature of the rear impact guard.
(c) Side underride guards.—
(1) IN GENERAL.—Not later than 1 year after the date of enactment of this Act, the Secretary shall—
(A) complete additional research on side underride guards to better understand the overall effectiveness of side underride guards;
(B) assess the feasibility, benefits, and costs of, and any impacts on intermodal equipment, freight mobility (including port operations), and freight capacity associated with, installing side underride guards on newly manufactured trailers and semitrailers with a gross vehicle weight rating of 10,000 pounds or more;
(2) INDEPENDENT RESEARCH.—If the Secretary enters into a contract with a third party to perform the research required under paragraph (1)(A), the Secretary shall ensure that the third party does not have any financial or contractual ties to, or relationships with—
(3) PUBLICATION OF ASSESSMENT.—Not later than 90 days after completion of the assessment required under paragraph (1)(B), the Secretary shall—
(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—
(d) Advisory committee on underride protection.—
(1) ESTABLISHMENT.—The Secretary shall establish an Advisory Committee on Underride Protection to provide advice and recommendations to the Secretary on safety regulations to reduce underride crashes and fatalities relating to underride crashes.
(2) MEMBERSHIP.—
(A) IN GENERAL.—The Committee shall be composed of not more than 20 members, appointed by the Secretary, who—
(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.
(e) Data collection.—Not later than 1 year after the date of enactment of this Act, the Secretary shall implement the recommendations described in the report of the Government Accountability Office entitled “Truck Underride Guards: Improved Data Collection, Inspections, and Research Needed”, published on March 14, 2019, and numbered GAO–19–264.
Section 13506(b) of title 49, United States Code, is amended—
(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) Definitions.—In this section:
(1) ADMINISTRATION.—The term “Administration” means the Federal Motor Carrier Safety Administration.
(b) Amendments to regulations.—Not later than 1 year after the date of enactment of this Act, the Secretary shall issue a notice of proposed rulemaking to amend, as the Secretary determines to be appropriate, regulations relating to the interstate transportation of household goods.
(c) Considerations.—In issuing the notice of proposed rulemaking under subsection (b), the Secretary shall consider amending the following provisions of title 49, Code of Federal Regulations, in accordance with the following recommendations:
(1) Section 375.207(b) to require each covered carrier to include on the website of the covered carrier a link—
(2) Subsections (a) and (b)(1) of section 375.213 to require each covered carrier to provide to each individual shipper, together with any written estimate provided to the shipper, a copy of the publication described in appendix A of part 375 of that title, entitled “Your Rights and Responsibilities When You Move” and numbered ESA–03–006 (or a successor publication), in the form of a written copy or a hyperlink on the website of the covered carrier to the location on the website of the Administration containing that publication.
(4) Section 375.401(a) to require each covered carrier—
(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—
(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.
(a) Definitions.—In this section:
(b) Review and enforcement of State out-of-service orders.—As soon as practicable after the date of enactment of this Act, the Secretary shall publish in the Federal Register a process under which the Secretary shall review each out-of-service order issued by a covered State in accordance with section 31144(d) of title 49, United States Code, by not later than 30 days after the date on which the out-of-service order is submitted to the Secretary by the covered State.
(c) Review and enforcement of State imminent hazard determinations.—
(a) Definitions.—In this section:
(1) LIMOUSINE.—The term “limousine” means a motor vehicle—
(B) with a gross vehicle weight rating greater than 10,000 pounds but not greater than 26,000 pounds;
(2) LIMOUSINE OPERATOR.—The term “limousine operator” means a person who owns or leases, and uses, a limousine to transport passengers for compensation.
(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:
(ii) REQUIREMENTS AND CONSIDERATIONS.—The Secretary may only prescribe a motor vehicle safety standard described in clause (i) if the Secretary determines that the standard meets the requirements and considerations described in subsections (a) and (b) of section 30111 of title 49, United States Code.
(B) REPORT.—If the Secretary determines that a motor vehicle safety standard described in subparagraph (A)(i) would not meet the requirements and considerations described in subsections (a) and (b) of section 30111 of title 49, United States Code, the Secretary shall publish in the Federal Register and submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report describing the reasons for not prescribing the standard.
(c) Evacuation.—
(1) RESEARCH.—Not later than 2 years after the date of enactment of this Act, the Secretary shall complete research into safety features and standards that aid evacuation in the event that an exit in the passenger compartment of a limousine is blocked.
(2) RULEMAKING OR REPORT.—
(A) LIMOUSINE EVACUATION.—
(i) IN GENERAL.—Subject to clause (ii), not later than 2 years after the date on which the research under paragraph (1) is completed, the Secretary shall prescribe a final motor vehicle safety standard based on the results of that research.
(ii) REQUIREMENTS AND CONSIDERATIONS.—The Secretary may only prescribe a motor vehicle safety standard described in clause (i) if the Secretary determines that the standard meets the requirements and considerations described in subsections (a) and (b) of section 30111 of title 49, United States Code.
(B) REPORT.—If the Secretary determines that a standard described in subparagraph (A)(i) would not meet the requirements and considerations described in subsections (a) and (b) of section 30111 of title 49, United States Code, the Secretary shall publish in the Federal Register and submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report describing the reasons for not prescribing the standard.
(d) Limousine inspection disclosure.—
(1) IN GENERAL.—A limousine operator may not introduce a limousine into interstate commerce unless the limousine operator has prominently disclosed in a clear and conspicuous notice, including on the website of the operator if the operator has a website, the following:
(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.).
(a) In general.—Not later than 18 months after the date of enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the National Consumer Complaint Database of the Federal Motor Carrier Safety Administration.
(b) Contents.—The report under subsection (a) shall include—
(1) a review of the process and effectiveness of efforts to review and follow-up on complaints submitted to the National Consumer Complaint Database;
(3) an identification of—
(4) a review of the use of the National Consumer Complaint Database website over the 5-year period ending on December 31, 2020, including information obtained by conducting interviews with drivers, customers of movers of household goods, brokers, motor carriers, including small business motor carriers, and other users of the website to determine the usability of the website;
(5) a review of efforts taken by the Federal Motor Carrier Safety Administration to raise awareness of the National Consumer Complaint Database; and
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—
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—
(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.”.
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.
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.
(a) In general.—Not later than 1 year after the date of enactment of this Act, the Secretary shall issue guidance to clarify the definitions of the terms “broker” and “bona fide agents” in section 371.2 of title 49, Code of Federal Regulations.
(b) Considerations.—In issuing guidance under subsection (a), the Secretary shall take into consideration—
(a) Definitions.—In this section:
(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—
(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);
(b) Pilot program.—
(1) IN GENERAL.—Not later than 60 days after the date of enactment of this Act, the Secretary shall establish, in accordance with section 31315(c) of title 49, United States Code, a pilot program allowing employers to establish the apprenticeship programs described in paragraph (2).
(2) DESCRIPTION OF APPRENTICESHIP PROGRAM.—An apprenticeship program referred to in paragraph (1) is a program that consists of the following requirements:
(A) 120-HOUR PROBATIONARY PERIOD.—
(i) IN GENERAL.—The apprentice shall complete 120 hours of on-duty time, of which not less than 80 hours shall be driving time in a commercial motor vehicle.
(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.
(C) RESTRICTIONS FOR PROBATIONARY PERIODS.—During the 120-hour probationary period under subparagraph (A) and the 280-hour probationary period under subparagraph (B)—
(D) RECORDS RETENTION.—The employer of an apprentice shall maintain records, in a manner required by the Secretary, relating to the satisfaction of the performance benchmarks described in subparagraphs (A)(ii) and (B)(ii) by the apprentice.
(E) REPORTABLE INCIDENTS.—If an apprentice is involved in a preventable accident reportable to the Department or a pointed moving violation while driving a commercial motor vehicle as part of an apprenticeship program described in this paragraph, the apprentice shall undergo remediation and additional training until the apprentice can demonstrate, to the satisfaction of the employer, competence in each of the performance benchmarks described in subparagraphs (A)(ii) and (B)(ii).
(F) COMPLETION OF PROGRAM.—An apprentice shall be considered to have completed an apprenticeship program on the date on which the apprentice completes the 280-hour probationary period under subparagraph (B).
(3) APPRENTICES.—An apprentice may—
(c) Termination.—Effective beginning on the date that is 3 years after the date of establishment of the pilot program under subsection (b)(1)—
(d) No effect on license requirement.—Nothing in this section exempts an apprentice from any requirement to hold a commercial driver’s license in order to operate a commercial motor vehicle.
(e) Data collection.—The Secretary shall collect and analyze—
(1) data relating to any incident in which an apprentice participating in the pilot program established under subsection (b)(1) is involved;
(f) Limitation.—A driver under the age of 21 participating in the pilot program under this section may not—
(g) Report to Congress.—Not later than 120 days after the date of conclusion of the pilot program under subsection (b), the Secretary shall submit to Congress a report including—
(1) the findings and conclusions resulting from the pilot program, including with respect to technologies or training provided by commercial motor carriers for apprentices as part of the pilot program to successfully improve safety;
(2) an analysis of the safety record of apprentices participating in the pilot program, as compared to other commercial motor vehicle drivers;
(3) the number of drivers that discontinued participation in the apprenticeship program before completion;
(4) a comparison of the safety records of participating drivers before, during, and after the probationary periods under subparagraphs (A) and (B) of subsection (b)(2);
(h) Rule of construction.—Nothing in this section affects the authority of the Secretary under section 31315 of title 49, United States Code, with respect to the pilot program established under subsection (b)(1), including the authority to revoke participation in, and terminate, the pilot program under paragraphs (3) and (4) of subsection (c) of that section.
(i) Driver compensation study.—
(1) IN GENERAL.—Not later than 1 year after the date of enactment of this Act, the Secretary, acting through the Administrator of the Federal Motor Carrier Safety Administration, shall offer to enter into a contract with the Transportation Research Board under which the Transportation Research Board shall conduct a study of the impacts of various methods of driver compensation on safety and driver retention, including—
(a) Limousine standards.—
(1) SAFETY BELT AND SEATING SYSTEM STANDARDS FOR LIMOUSINES.—Not later than 2 years after the date of enactment of this Act, the Secretary shall prescribe a final rule that—
(A) amends Federal Motor Vehicle Safety Standard Numbers 208, 209, and 210 to require to be installed in limousines on each designated seating position, including on side-facing seats—
(B) amends Federal Motor Vehicle Safety Standard Number 207 to require limousines to meet standards for seats (including side-facing seats), seat attachment assemblies, and seat installation to minimize the possibility of failure by forces acting on the seats, attachment assemblies, and installations as a result of motor vehicle impact.
(2) REPORT ON RETROFIT ASSESSMENT FOR LIMOUSINES.—Not later than 2 years after the date of enactment of this Act, the Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report that assesses the feasibility, benefits, and costs with respect to the application of any requirement established under paragraph (1) to a limousine introduced into interstate commerce before the date on which the requirement takes effect.
(b) Modifications of certain vehicles.—The final rule prescribed under subsection (a)(1) and any standards prescribed under subsection (b) or (c) of section 23015 shall apply to a person modifying a passenger motor vehicle (as defined in section 32101 of title 49, United States Code) that has already been purchased by the first purchaser (as defined in section 30102(b) of that title) by increasing the wheelbase of the vehicle to make the vehicle a limousine.
(a) In general.—The following amounts are authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account):
(2) HIGHWAY SAFETY RESEARCH AND DEVELOPMENT.—To carry out section 403 of title 23, United States Code—
(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—
(6) NATIONAL DRIVER REGISTER.—For the National Highway Traffic Safety Administration to carry out chapter 303 of title 49, United States Code—
(b) Prohibition on other uses.—Except as otherwise provided in chapter 4 of title 23, and chapter 303 of title 49, United States Code, the amounts made available under subsection (a) or any other provision of law from the Highway Trust Fund (other than the Mass Transit Account) for a program under those chapters—
(c) Applicability of title 23.—Except as otherwise provided in chapter 4 of title 23, and chapter 303 of title 49, United States Code, the amounts made available under subsection (a) for fiscal years 2022 through 2026 shall be available for obligation in the same manner as if those funds were apportioned under chapter 1 of title 23, United States Code.
(d) Highway safety general requirements.—
(1) IN GENERAL.—Chapter 4 of title 23, United States Code, is amended—
(B) by inserting after section 405 the following:
Ҥ 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.—
“(e) Distribution of funds to States.—Not later than 60 days after the later of the start of a fiscal year or the date of enactment of any appropriations Act making funds available to carry out this chapter for that fiscal year, the Secretary shall distribute to each State the portion of those funds to which the State is entitled for the applicable fiscal year.”.
(2) CLERICAL AMENDMENT.—The analysis for chapter 4 of title 23, United States Code, is amended by striking the items relating to sections 406 through 412 and inserting the following:
“406. General requirements for Federal assistance.
“407. Discovery and admission as evidence of certain reports and surveys.
“408. Agency accountability.”.
(a) In general.—Section 402 of title 23, United States Code, is amended—
(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—
(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”;
(v) by adding at the end the following:
“(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
(4) in subsection (b)(1)—
(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:
(5) in subsection (c)—
(A) in paragraph (1)—
(B) by striking paragraphs (2) and (3) and inserting the following:
“(2) APPORTIONMENT TO STATES.—
“(B) APPORTIONMENT.—
“(C) MINIMUM APPORTIONMENTS.—The annual apportionment under this section to—
“(D) PENALTY.—
“(i) IN GENERAL.—The funds apportioned under this section to a State that does not have approved or in effect a highway safety program described in subsection (a)(1) shall be reduced by an amount equal to not less than 20 percent of the amount that would otherwise be apportioned to the State under this section, until the date on which the Secretary, as applicable—
“(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.
“(3) REAPPORTIONMENT.—
“(A) IN GENERAL.—The Secretary shall promptly apportion to a State any funds withheld from the State under paragraph (2)(D) if the Secretary makes an approval or determination, as applicable, described in that paragraph by not later than July 31 of the fiscal year for which the funds were withheld.
“(B) CONTINUING STATE FAILURE.—If the Secretary determines that a State fails to correct a failure to have approved or in effect a highway safety program described in subsection (a)(1) by the date described in subparagraph (A), the Secretary shall reapportion the funds withheld from that State under paragraph (2)(D) for the fiscal year to the other States in accordance with the formula described in paragraph (2)(B) by not later than the last day of the fiscal year.”; and
(C) in paragraph (4)—
(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:
(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:
(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”;
(E) in paragraph (4)—
(i) in the matter preceding subparagraph (A)—
(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—
(G) in paragraph (6)—
(iii) in each of subparagraphs (C) through (F) (as so redesignated), by inserting “triennial” before “highway” each place it appears; and
(iv) by striking subparagraph (A) and inserting the following:
“(A) IN GENERAL.—Except as provided in subparagraph (B), the Secretary shall review and approve or disapprove a triennial highway safety plan of a State by not later than 60 days after the date on which the plan is received by the Secretary.
“(B) ADDITIONAL INFORMATION.—
“(i) IN GENERAL.—The Secretary may request a State to submit to the Secretary such additional information as the Secretary determines to be necessary for review of the triennial highway safety plan of the State.
“(ii) EXTENSION OF DEADLINE.—On providing to a State a request for additional information under clause (i), the Secretary may extend the deadline to approve or disapprove the triennial highway safety plan of the State under subparagraph (A) for not more than an additional 90 days, as the Secretary determines to be necessary to accommodate that request, subject to clause (iii).
(7) by inserting after subsection (k) the following:
“(l) Annual grant application and reporting requirements.—
“(1) ANNUAL GRANT APPLICATION.—
“(A) IN GENERAL.—To be eligible to receive grant funds under this chapter for a fiscal year, each State shall submit to the Secretary an annual grant application that, as determined by the Secretary—
“(B) TIMING.—The deadline for submission of annual grant applications under this paragraph shall be determined by the Secretary in accordance with section 406(d)(2).
“(C) CONTENTS.—An annual grant application under this paragraph shall include, at a minimum—
“(i) such updates, as necessary, to any analysis included in the triennial highway safety plan of the State;
“(ii) an identification of each project and subrecipient to be funded by the State using the grants during the upcoming grant year, subject to the condition that the State shall separately submit, on a date other than the date of submission of the annual grant application, a description of any projects or subrecipients to be funded, as that information becomes available;
“(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—
(8) in subsection (m)(1), by striking “a State’s highway safety plan” and inserting “the applicable triennial highway safety plan of the State”; and
(9) by striking subsection (n) and inserting the following:
“(n) Public transparency.—
“(1) IN GENERAL.—The Secretary shall publicly release on a Department of Transportation website, by not later than 45 calendar days after the applicable date of availability—
“(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
(b) Effective date.—The amendments made by subsection (a) shall take effect with respect to any grant application or State highway safety plan submitted under chapter 4 of title 23, United States Code, for fiscal year 2024 or thereafter.
Section 403 of title 23, United States Code, is amended—
(2) in subsection (b)(1), in the matter preceding subparagraph (A), by inserting “, training, education,” after “demonstration projects”;
(3) in subsection (f)(1)—
(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)—
(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).
“(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—
“(2) GRANTS.—
“(A) ESTABLISHMENT OF PROGRAM.—Not later than 2 years after the date of enactment of this subsection, the Secretary shall establish a program under which the Secretary shall provide grants to States for use in developing and implementing State processes for informing each applicable owner and lessee of a motor vehicle of any open recall on the motor vehicle at the time of registration of the motor vehicle in the State, in accordance with this paragraph.
“(B) ELIGIBILITY.—To be eligible to receive a grant under the program, a State shall—
“(i) submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require; and
“(C) FACTORS FOR CONSIDERATION.—In selecting grant recipients under the program, the Secretary shall take into consideration the methodology of a State for—
“(D) PERFORMANCE PERIOD.—A grant provided under the program shall require a performance period of 2 years.
“(E) REPORT.—Not later than 90 days after the date of completion of the performance period under subparagraph (D), each State that receives a grant under the program shall submit to the Secretary a report that contains such information as the Secretary considers to be necessary to evaluate the extent to which open recalls have been remedied in the State.
“(3) PAPERWORK REDUCTION ACT.—Chapter 35 of title 44 (commonly known as the ‘Paperwork Reduction Act’) shall not apply to information collected under the program.
“(4) FUNDING.—
“(A) IN GENERAL.—For each of fiscal years 2022 through 2026, the Secretary shall obligate from funds made available to carry out this section $1,500,000 to carry out the program.
“(B) REALLOCATION.—To ensure, to the maximum extent practicable, that all amounts described in subparagraph (A) are obligated each fiscal year, the Secretary, before the last day of any fiscal year, may reallocate any of those amounts remaining available to increase the amounts made available to carry out any other activities authorized under this section.
“(m) Innovative highway safety countermeasures.—
“(1) IN GENERAL.—In conducting research under this section, the Secretary shall evaluate the effectiveness of innovative behavioral traffic safety countermeasures, other than traffic enforcement, that are considered promising or likely to be effective for the purpose of enriching revisions to the document entitled ‘Countermeasures That Work: A Highway Safety Countermeasure Guide for State Highway Safety Offices, Ninth Edition’ and numbered DOT HS 812 478 (or any successor document).
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”.
(a) In general.—Section 405 of title 23, United States Code, is amended—
(1) in subsection (a)—
(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:
(2) in subsection (b)—
(C) in paragraph (4)—
(i) in subparagraph (A), by striking clause (v) and inserting the following:
“(v) implement programs—
“(I) to recruit and train nationally certified child passenger safety technicians among police officers, fire and other first responders, emergency medical personnel, and other individuals or organizations serving low-income and underserved populations;
(3) in subsection (c)—
(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:
(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;
“(I) conducting research relating to State traffic safety information systems, including developing programs to improve core highway safety databases and processes by which data are identified, collected, reported to State and local government agencies, and entered into State core safety databases.”; and
(D) by adding at the end the following:
“(6) TECHNICAL ASSISTANCE.—
“(A) IN GENERAL.—The Secretary shall provide technical assistance to States, regardless of whether a State receives a grant under this subsection, with respect to improving the timeliness, accuracy, completeness, uniformity, integration, and public accessibility of State safety data that are needed to identify priorities for Federal, State, and local highway and traffic safety programs, including on adoption by a State of the Model Minimum Uniform Crash Criteria.
(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) 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”;
(ii) in subparagraph (C)—
(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—
(B) in paragraph (6)—
(i) by striking subparagraph (A) and inserting the following:
“(A) GRANTS TO STATES WITH ALCOHOL-IGNITION INTERLOCK LAWS.—The Secretary shall make a separate grant under this subsection to each State that—
“(i) adopts, and is enforcing, a mandatory alcohol-ignition interlock law for all individuals convicted of driving under the influence of alcohol or of driving while intoxicated;
“(ii) does not allow an individual convicted of driving under the influence of alcohol or of driving while intoxicated to receive any driving privilege or driver’s license unless the individual installs on each motor vehicle registered, owned, or leased for operation by the individual an ignition interlock for a period of not less than 180 days; or
“(iii) has in effect, and is enforcing—
“(I) a State law requiring for any individual who is convicted of, or the driving privilege of whom is revoked or denied for, refusing to submit to a chemical or other appropriate test for the purpose of determining the presence or concentration of any intoxicating substance, a State law requiring a period of not less than 180 days of ignition interlock installation on each motor vehicle to be operated by the individual; and
“(II) a compliance-based removal program, under which an individual convicted of driving under the influence of alcohol or of driving while intoxicated shall—
(5) in subsection (e)—
(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)—
(ii) by striking subparagraph (B) and inserting the following:
“(B) PERSONAL WIRELESS COMMUNICATIONS DEVICE.—
“(i) IN GENERAL.—The term ‘personal wireless communications device’ means—
“(I) a device through which personal wireless services (as defined in section 332(c)(7)(C) of the Communications Act of 1934 (47 U.S.C. 332(c)(7)(C))) are transmitted; and
(iii) by striking subparagraph (E) and inserting the following:
“(E) TEXT.—The term ‘text’ means—
(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—
“(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)—
“(ii) PRIMARY LAWS.—Subject to clause (iv), in the case of a State that enacts and enforces a law that meets the requirements of paragraph (4), (5), or (6) as a primary offense, the allocation to the State under this subparagraph shall be 100 percent of the amount calculated to be allocated to the State under clause (i)(I).
“(iii) SECONDARY LAWS.—Subject to clause (iv), in the case of a State that enacts and enforces a law that meets the requirements of paragraph (4), (5), or (6) as a secondary enforcement action, the allocation to the State under this subparagraph shall be an amount equal to 50 percent of the amount calculated to be allocated to the State under clause (i)(I).
“(iv) TEXTING WHILE DRIVING.—Notwithstanding clauses (ii) and (iii), the allocation under this subparagraph to a State that enacts and enforces a law that prohibits a driver from viewing a personal wireless communications device (except for purposes of navigation) shall be 25 percent of the amount calculated to be allocated to the State under clause (i)(I).”;
(E) in paragraph (4) (as so redesignated)—
(F) by inserting after paragraph (4) (as so redesignated) the following:
(G) in paragraph (6) (as so redesignated)—
(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)”;
(9) in subsection (g) (as so redesignated)—
(B) by inserting before paragraph (2) (as so redesignated) the following:
(C) in paragraph (2) (as so redesignated), by striking “pedestrian and bicycle fatalities and injuries that result from crashes involving a motor vehicle” and inserting “nonmotorized road user fatalities involving a motor vehicle in transit on a trafficway”;
(D) in paragraph (4) (as so redesignated), by striking “pedestrian and bicycle” and inserting “nonmotorized road user”; and
(E) by striking paragraph (5) (as so redesignated) and inserting the following:
“(5) USE OF GRANT AMOUNTS.—Grant funds received by a State under this subsection may be used for the safety of nonmotorized road users, including—
“(A) training of law enforcement officials relating to nonmotorized road user safety, State laws applicable to nonmotorized road user safety, and infrastructure designed to improve nonmotorized road user safety;
“(B) carrying out a program to support enforcement mobilizations and campaigns designed to enforce State traffic laws applicable to nonmotorized road user safety;
“(C) public education and awareness programs designed to inform motorists and nonmotorized road users regarding—
“(i) nonmotorized road user safety, including information relating to nonmotorized mobility and the importance of speed management to the safety of nonmotorized road users;
“(ii) the value of the use of nonmotorized road user safety equipment, including lighting, conspicuity equipment, mirrors, helmets, and other protective equipment, and compliance with any State or local laws requiring the use of that equipment;
(10) by adding at the end the following:
“(h) Preventing roadside deaths.—
“(1) IN GENERAL.—The Secretary shall provide grants to States to prevent death and injury from crashes involving motor vehicles striking other vehicles and individuals stopped at the roadside.
“(2) FEDERAL SHARE.—The Federal share of the cost of carrying out an activity funded through a grant under this subsection may not exceed 80 percent.
“(3) ELIGIBILITY.—A State shall receive a grant under this subsection in a fiscal year if the State submits to the Secretary a plan that describes the method by which the State will use grant funds in accordance with paragraph (4).
“(4) USE OF FUNDS.—Amounts received by a State under this subsection shall be used by the State—
“(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;
“(i) Driver and officer safety education.—
“(1) DEFINITION OF PEACE OFFICER.—In this subsection, the term ‘peace officer’ includes any individual—
“(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—
“(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—
“(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—
(b) Technical amendment.—Section 4010(2) of the FAST Act (23 U.S.C. 405 note; Public Law 114–94) is amended by inserting “all” before “deficiencies”.
(c) Effective date.—The amendments made by subsection (a) shall take effect with respect to any grant application or State highway safety plan submitted under chapter 4 of title 23, United States Code, for fiscal year 2024 or thereafter.
(a) Impaired driving countermeasures.—Section 154(c)(1) of title 23, United States Code, is amended by striking “alcohol-impaired” each place it appears and inserting “impaired”.
(b) Comptroller General study of national DUI reporting.—
(1) IN GENERAL.—The Comptroller General of the United States shall conduct a study of the reporting of impaired driving arrest and citation data into Federal databases and the interstate sharing of information relating to impaired driving-related convictions and license suspensions to facilitate the widespread identification of repeat impaired driving offenders.
(2) INCLUSIONS.—The study conducted under paragraph (1) shall include a detailed assessment of—
(A) the extent to which State and local criminal justice agencies are reporting impaired driving arrest and citation data to Federal databases;
(B) barriers—
Section 164(b)(1) of title 23, United States Code, is amended—
(a) In general.—Not later than 3 years after the date of enactment of this Act, the Secretary shall revise the crash data collection system to include the collection of crash report data elements that distinguish individual personal conveyance vehicles, such as electric scooters and bicycles, from other vehicles involved in a crash.
(b) Coordination.—In carrying out subsection (a), the Secretary may coordinate with States to update the Model Minimum Uniform Crash Criteria to provide guidance to States regarding the collection of information and data elements for the crash data collection system.
(c) Vulnerable road users.—
(1) UPDATE.—Based on the information contained in the vulnerable road user safety assessments required by subsection (f) of section 32302 of title 49, United States Code (as added by section 24213(b)(2)), the Secretary shall modify existing crash data collection systems to include the collection of additional crash report data elements relating to vulnerable road user safety.
(2) INJURY HEALTH DATA.—The Secretary shall coordinate with the Director of the Centers for Disease Control and Prevention to develop and implement a plan for States to combine highway crash data and injury health data to produce a national database of pedestrian injuries and fatalities, disaggregated by demographic characteristics.
(d) State electronic data collection.—
(1) DEFINITIONS.—In this subsection:
(A) ELECTRONIC DATA TRANSFER.—The term “electronic data transfer” means a protocol for automated electronic transfer of State crash data to the National Highway Traffic Safety Administration.
(2) ESTABLISHMENT OF PROGRAM.—The Secretary shall establish a program under which the Secretary shall—
(3) STATE GRANTS.—
(A) IN GENERAL.—The Secretary shall provide grants to States to upgrade and standardize State crash data systems to enable electronic data collection, intrastate data sharing, and electronic data transfers to the National Highway Traffic Safety Administration to increase the accuracy, timeliness, and accessibility of the data, including data relating to fatalities involving vulnerable road users.
(B) ELIGIBILITY.—A State shall be eligible to receive a grant under this paragraph if the State submits to the Secretary an application, at such time, in such manner, and containing such information as the Secretary may require, that includes a plan to implement full electronic data transfer to the National Highway Traffic Safety Administration by not later than 5 years after the date on which the grant is provided.
(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.
(a) Review of illegal passing laws.—
(1) IN GENERAL.—Not later than 2 years after the date of enactment of this Act, the Secretary shall prepare a report that—
(A) identifies and describes all illegal passing laws in each State relating to school buses, including—
(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;
(b) Public safety messaging campaign.—
(1) IN GENERAL.—Not later than 1 year after the date of enactment of this Act, the Secretary shall establish and implement a public safety messaging campaign that uses public safety media messages, posters, digital media messages, and other media messages distributed to States, State departments of motor vehicles, schools, and other public outlets—
(c) Review of technologies.—
(1) IN GENERAL.—Not later than 2 years after the date of enactment of this Act, the Secretary shall review and evaluate the effectiveness of various technologies for enhancing school bus safety, including technologies such as—
(2) INCLUSIONS.—The review under paragraph (1)—
(d) Review of driver education materials.—
(1) IN GENERAL.—Not later than 2 years after the date of enactment of this Act, the Secretary shall—
(a) In general.—Subchapter III of chapter 3 of title 49, United States Code, is amended by adding at the end the following:
Ҥ 355. Motorcyclist Advisory Council
“(a) Establishment.—Not later than 90 days after the date of enactment of this section, the Secretary of Transportation (referred to in this section as the ‘Secretary’) shall establish a council, to be known as the ‘Motorcyclist Advisory Council’ (referred to in this section as the ‘Council’).
“(b) Membership.—
“(1) IN GENERAL.—The Council shall be comprised of 13 members, to be appointed by the Secretary, of whom—
“(A) 5 shall be representatives of units of State or local government with expertise relating to highway engineering and safety issues, including—
“(G) 1 shall be a representative of a motorcycle manufacturing company headquartered in the United States;
“(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) 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—
“(2) BIENNIAL REPORT.—Not later than October 31 of the calendar year following the calendar year in which the Council is established, and not less frequently than once every 2 years thereafter, the Council shall submit to the Secretary a report containing recommendations of the Council regarding the issues described in paragraph (1).
“(d) Duties of Secretary.—
“(1) COUNCIL RECOMMENDATIONS.—
“(A) IN GENERAL.—The Secretary shall determine whether to accept or reject a recommendation contained in a report of the Council under subsection (c)(2).
“(B) INCLUSION IN REVIEW.—
“(i) IN GENERAL.—The Secretary shall indicate in each review under paragraph (2) whether the Secretary accepts or rejects each recommendation of the Council covered by the review.
“(ii) EXCEPTION.—The Secretary may indicate in a review under paragraph (2) that a recommendation of the Council is under consideration, subject to the condition that a recommendation so under consideration shall be accepted or rejected by the Secretary in the subsequent review of the Secretary under paragraph (2).
“(2) REVIEW.—
“(A) IN GENERAL.—Not later than 60 days after the date on which the Secretary receives a report from the Council under subsection (c)(2), the Secretary shall submit a review describing the response of the Secretary to the recommendations of the Council contained in the Council report to—
(b) Clerical amendment.—The analysis for subchapter III of chapter 3 of title 49, United States Code, is amended by inserting after the item relating to section 354 the following:
“355. Motorcyclist Advisory Council.”.
(c) Conforming amendments.—
(1) Section 1426 of the FAST Act (23 U.S.C. 101 note; Public Law 114–94) is repealed.
(2) The table of contents for the FAST Act (Public Law 114–94; 129 Stat. 1313) is amended by striking the item relating to section 1426.
(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—
(b) Establishment.—The Secretary shall establish and carry out a program, to be known as the Safe Streets and Roads for All program, that supports local initiatives to prevent death and serious injury on roads and streets, commonly referred to as “Vision Zero” or “Toward Zero Deaths” initiatives.
(c) Grants.—
(1) IN GENERAL.—In carrying out the program, the Secretary may make grants to eligible entities, on a competitive basis, in accordance with this section.
(d) Selection of eligible projects.—
(1) SOLICITATION.—Not later than 180 days after the date on which amounts are made available to provide grants under the program for a fiscal year, the Secretary shall solicit from eligible entities grant applications for eligible projects in accordance with this section.
(2) APPLICATIONS.—
(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;
(D) employs low-cost, high-impact strategies that can improve safety over a wider geographical area;
(e) Federal share.—The Federal share of the cost of an eligible project carried out using a grant provided under the program shall not exceed 80 percent.
(f) Funding.—
(1) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to carry out this section $200,000,000 for each of fiscal years 2022 through 2026, to remain available for a period of 3 fiscal years following the fiscal year for which the amounts are appropriated.
(g) Data submission.—
(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—
(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).
(a) Next Generation 911.—
(1) IN GENERAL.—Not later than 1 year after the date of enactment of this Act, the Secretary shall implement the recommendations of the Comptroller General of the United States contained in the report entitled “Next Generation 911: National 911 Program Could Strengthen Efforts to Assist States”, numbered GAO–18–252, and dated January 1, 2018, by requiring that the Administrator of the National Highway Traffic Safety Administration, in collaboration with the appropriate Federal agencies, shall determine the roles and responsibilities of the Federal agencies participating in the initiative entitled “National NG911 Roadmap initiative” to carry out the national-level tasks with respect which each agency has jurisdiction.
(b) Pedestrian and cyclists information and enhanced performance management.—
(1) IN GENERAL.—Not later than 2 years after the date of enactment of this Act, the Secretary shall implement the recommendations of the Comptroller General of the United States contained in the report entitled “Pedestrians and Cyclists: Better Information to States and Enhanced Performance Management Could Help DOT Improve Safety”, numbered GAO–21–405, and dated May 20, 2021, by—
(A) carrying out measures to collect information relating to the range of countermeasures implemented by States;
(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—
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—
(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—
(b) Recall completion rates.—Section 30120 of title 49, United States Code, is amended by adding at the end the following:
“(k) Recall completion rates.—
“(1) IN GENERAL.—The Administrator of the National Highway Traffic Safety Administration shall publish an annual list of recall completion rates for each recall campaign for which 8 quarterly reports have been submitted under subsection (f) of section 30118 as of the date of publication of the list.
“(2) REQUIREMENTS.—The annual list under paragraph (1) shall include—
(a) Recall repair.—Not later than 2 years after the date of enactment of this Act, the Comptroller General of the United States shall—
(b) Ridesharing.—Not later than 18 months after the date of enactment of this Act, the Comptroller General shall—
(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—
(a) In general.—Not later than 2 years after the date of enactment of this Act, subject to subsection (b), the Secretary shall issue an advanced notice of proposed rulemaking to update section 571.207 of title 49, Code of Federal Regulations.
(b) Compliance date.—If the Secretary determines that a final rule is appropriate consistent with the considerations described in section 30111(b) of title 49, United States Code, in issuing a final rule pursuant to subsection (a), the Secretary shall establish a date for required compliance with the final rule of not later than 2 motor vehicle model years after the model year during which the effective date of the final rule occurs.
(a) Definitions.—In this section:
(1) KEY.—The term “key” has the meaning given the term in section 571.114 of title 49, Code of Federal Regulations (or a successor regulation).
(2) MANUFACTURER.—The term “manufacturer” has the meaning given the term in section 30102(a) of title 49, United States Code.
(3) MOTOR VEHICLE.—
(A) IN GENERAL.—The term “motor vehicle” has the meaning given the term in section 30102(a) of title 49, United States Code.
(b) Automatic shutoff systems for motor vehicles.—
(1) FINAL RULE.—
(A) IN GENERAL.—Not later than 2 years after the date of enactment of this Act, the Secretary shall issue a final rule amending section 571.114 of title 49, Code of Federal Regulations, to require manufacturers to install in each motor vehicle that is equipped with a keyless ignition device and an internal combustion engine a device or system to automatically shutoff the motor vehicle after the motor vehicle has idled for the period described in subparagraph (B).
(B) DESCRIPTION OF PERIOD.—
(i) IN GENERAL.—The period referred to in subparagraph (A) is the period designated by the Secretary as necessary to prevent, to the maximum extent practicable, carbon monoxide poisoning.
(ii) DIFFERENT PERIODS.—The Secretary may designate different periods under clause (i) for different types of motor vehicles, depending on the rate at which the motor vehicle emits carbon monoxide, if—
(c) Preventing motor vehicles from rolling away.—
(1) REQUIREMENT.—The Secretary shall conduct a study of the regulations contained in part 571 of title 49, Code of Federal Regulations, to evaluate the potential consequences and benefits of the installation by manufacturers of technology to prevent movement of motor vehicles equipped with keyless ignition devices and automatic transmissions when—
(2) REVIEW AND REPORT.—The Secretary shall—
(A) provide a recommended maximum speed at which a motor vehicle may be safely locked in place under the conditions described in subparagraphs (A), (C), (D), and (E) of paragraph (1) to prevent vehicle rollaways; and
Section 30162 of title 49, United States Code, is amended—
(2) in subsection (c), by striking “the petition” and inserting “a petition under this section”; and
(a) In general.—The Secretary, in coordination with other relevant Federal departments and agencies, including the Secretary of Agriculture, the Secretary of Education, and the Secretary of Health and Human Services, shall conduct a study to review the status of motor vehicle child safety seat accessibility for low-income families and underserved populations.
(a) In general.—Subchapter II of chapter 301 of title 49, United States Code, is amended by adding at the end the following:
Ҥ 30129. Crash avoidance technology
“(a) In general.—The Secretary of Transportation shall promulgate a rule—
“(2) to require that all passenger motor vehicles manufactured for sale in the United States on or after the compliance date described in subsection (b) shall be equipped with—
(b) Clerical amendment.—The analysis for subchapter II of chapter 301 of title 49, United States Code, is amended by adding at the end the following:
“30129. Crash avoidance technology.”.
(a) In general.—Not later than 3 years after the date of enactment of this Act, the Secretary shall conduct research regarding the installation and use on motor vehicles of driver monitoring systems to minimize or eliminate—
(b) Report.—Not later than 180 days after the date of completion of the research under subsection (a), the Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a detailed report describing the findings of the research.
(c) Rulemaking.—
(1) IN GENERAL.—If, based on the research completed under subsection (a), the Secretary determines that—
(A) 1 or more rulemakings are necessary to ensure safety, in accordance with the section 30111 of title 49, United States Code, the Secretary shall initiate the rulemakings by not later than 2 years after the date of submission of the report under subsection (b); and
(B) an additional rulemaking is not necessary, or an additional rulemaking cannot meet the applicable requirements and considerations described in subsections (a) and (b) of section 30111 of title 49, United States Code, the Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report describing the reasons for not prescribing additional Federal motor vehicle safety standards regarding the research conducted under subsection (a).
(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—
(G) the tire pressure monitoring standards required under section 24115 of the FAST Act (49 U.S.C. 30123 note; Public Law 114–94);
(H) the amendment made by section 24402 of the FAST Act (129 Stat. 1720; Public Law 114–94) to section 30120(g)(1) of title 49, United States Code;
(I) the records retention rule required under section 24403 of the FAST Act (49 U.S.C. 30117 note; Public Law 114–94);
(J) the amendments made by section 24405 of the FAST Act (Public Law 114–94; 129 Stat. 1721) to section 30114 of title 49, United States Code;
(K) a defect and noncompliance notification required under—
(i) section 24104 of the FAST Act (49 U.S.C. 30119 note; Public Law 114–94); or
(ii) section 31301 of MAP–21 (49 U.S.C. 30166 note; Public Law 112–141);
(L) a side impact or frontal impact test procedure for child restraint systems under section 31501 of MAP–21 (49 U.S.C. 30127 note; Public Law 112–141);
(M) an upgrade to child restraint anchorage system usability requirements required under section 31502 of MAP–21 (49 U.S.C. 30127 note; Public Law 112–141);
(N) the rear seat belt reminder system required under section 31503 of MAP–21 (49 U.S.C. 30127 note; Public Law 112–141);
(O) a motorcoach rulemaking required under section 32703 of MAP–21 (49 U.S.C. 31136 note; Public Law 112–141); or
(b) Notification.—Not later than 180 days after the date of enactment of this Act, and not less frequently than biannually thereafter until the applicable covered rulemaking is complete, the Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a written notification that includes, with respect to each covered rulemaking—
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.
(a) Definitions.—In this section:
(b) Rulemaking.—Not later than 2 years after the date of enactment of this Act, the Secretary shall issue a final rule amending Standard 108—
(a) Updates.—Not later than 1 year after the date of enactment of this Act, the Secretary shall finalize the proceeding for which comments were requested in the notice entitled “New Car Assessment Program” (80 Fed. Reg. 78522 (December 16, 2015)) to update the passenger motor vehicle information required under section 32302(a) of title 49, United States Code.
(b) Information program.—Section 32302 of title 49, United States Code, is amended—
(1) in subsection (a), in the matter preceding paragraph (1), by inserting “(referred to in this section as the ‘Secretary’)” after “of Transportation”; and
(2) by adding at the end the following:
“(e) Advanced crash-avoidance technologies.—
“(1) NOTICE.—Not later than 1 year after the date of enactment of this subsection, the Secretary shall publish a notice, for purposes of public review and comment, to establish, distinct from crashworthiness information, a means for providing to consumers information relating to advanced crash-avoidance technologies, in accordance with subsection (a).
“(2) INCLUSIONS.—The notice under paragraph (1) shall include—
“(3) REPORT.—Not later than 18 months after the date of enactment of this subsection, the Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report that describes a plan for implementing an advanced crash-avoidance technology information and rating system, in accordance with subsection (a).
“(f) Vulnerable road user safety.—
“(1) NOTICE.—Not later than 1 year after the date of enactment of this subsection, the Secretary shall publish a notice, for purposes of public review and comment, to establish a means for providing to consumers information relating to pedestrian, bicyclist, or other vulnerable road user safety technologies, in accordance with subsection (a).
“(2) INCLUSIONS.—The notice under paragraph (1) shall include—
“(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:
Ҥ 32310. New Car Assessment Program roadmap
“(a) Establishment.—Not later than 1 year after the date of enactment of this section, and not less frequently than once every 4 years thereafter, the Secretary of Transportation (referred to in this section as the ‘Secretary’) shall establish a roadmap for the implementation of the New Car Assessment Program of the National Highway Traffic Safety Administration.
“(b) Requirements.—A roadmap under subsection (a) shall—
“(2) be in accordance with—
“(C) section 24401 of the FAST Act (49 U.S.C. 105 note; Public Law 114–94); and
“(c) Contents.—A roadmap under subsection (a) shall include—
“(1) a plan for any changes to the New Car Assessment Program of the National Highway Traffic Safety Administration, including—
“(A) descriptions of actions to be carried out to update the passenger motor vehicle information developed under section 32302(a), including the development of test procedures, test devices, test fixtures, and safety performance metrics, which shall, as applicable, incorporate—
“(2) an identification and prioritization of safety opportunities and technologies—
“(e) Stakeholder engagement.—Not less frequently than annually, the Secretary shall engage stakeholders that represent a diversity of technical backgrounds and viewpoints—
“(1) to identify—
(2) CLERICAL AMENDMENT.—The analysis for chapter 323 of title 49, United States Code, is amended by adding at the end the following:
“32310. New Car Assessment Program roadmap.”.
(a) Notice.—Not later than 2 years after the date of enactment of this Act, the Secretary shall issue a notice, for purposes of public review and comment, regarding potential updates to hood and bumper standards for motor vehicles (as defined in section 30102(a) of title 49, United States Code).
(b) Inclusions.—The notice under subsection (a) shall include information relating to—
(1) the incorporation or consideration of advanced crash-avoidance technology in existing motor vehicle standards;
(2) the incorporation or consideration of standards or technologies to reduce the number of injuries and fatalities suffered by pedestrians, bicyclists, or other vulnerable road users;
(3) the development of performance test criteria for use by manufacturers in evaluating advanced crash-avoidance technology, including technology relating to vulnerable road user safety;
Section 158(a) of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 942(a)) is amended by striking paragraph (4).
(a) In general.—Section 30166(m)(3) of title 49, United States Code, is amended by adding at the end the following:
(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—
(2) submit to the Committee on the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report describing the results of the study under paragraph (1), including any recommendations for regulatory or legislative action.
Not later than 3 years after the date of enactment of this Act, after consultation with frequent users of publicly available databases, the Secretary shall improve public accessibility to information relating to the publicly accessible vehicle safety databases of the National Highway Traffic Safety Administration by revising the publicly accessible vehicle safety databases—
(2) to allow data from applicable publicly accessible vehicle safety databases to be searched, sorted, aggregated, and downloaded in a manner that—
(4) to improve searchability regarding specific vehicles and issues, which may include the standardization of commonly used search terms; and
(b) Clerical amendment.—The analysis for chapter 303 of title 49, United States Code, is amended by striking the item relating to section 30306.
The Administrator of the National Highway Traffic Safety Administration, in collaboration with the head of the Intelligent Transportation Systems Joint Program Office and the Administrator of the Federal Highway Administration, shall—
(1) not later than 180 days after the date of enactment of this Act, expand vehicle-to-pedestrian research efforts focused on incorporating bicyclists and other vulnerable road users into the safe deployment of connected vehicle systems; and
(2) not later than 2 years after the date of enactment of this Act, submit to Congress and make publicly available a report describing the findings of the research efforts described in paragraph (1), including an analysis of the extent to which applications supporting vulnerable road users can be accommodated within existing spectrum allocations for connected vehicle systems.
(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;
(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—
(2) NEW.—The term “new”, with respect to a passenger motor vehicle, means that the passenger motor vehicle—
(c) Advanced drunk and impaired driving prevention technology safety standard.—Subject to subsection (e) and not later than 3 years after the date of enactment of this Act, the Secretary shall issue a final rule prescribing a Federal motor vehicle safety standard under section 30111 of title 49, United States Code, that requires passenger motor vehicles manufactured after the effective date of that standard to be equipped with advanced drunk and impaired driving prevention technology.
(d) Requirement.—To allow sufficient time for manufacturer compliance, the compliance date of the rule issued under subsection (c) shall be not earlier than 2 years and not more than 3 years after the date on which that rule is issued.
(e) Timing.—If the Secretary determines that the Federal motor vehicle safety standard required under subsection (c) cannot meet the requirements and considerations described in subsections (a) and (b) of section 30111 of title 49, United States Code, by the applicable date, the Secretary—
(1) may extend the time period to such date as the Secretary determines to be necessary, but not later than the date that is 3 years after the date described in subsection (c);
(2) shall, not later than the date described in subsection (c) and not less frequently than annually thereafter until the date on which the rule under that subsection is issued, submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report describing, as of the date of submission of the report—
(A) the reasons for not prescribing a Federal motor vehicle safety standard under section 30111 of title 49, United States Code, that requires advanced drunk and impaired driving prevention technology in all new passenger motor vehicles;
(3) if the Federal motor vehicle safety standard required by subsection (c) has not been finalized by the date that is 10 years after the date of enactment of this Act, shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representative a report describing—
(a) In general.—Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall conduct a study and submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report that—
(1) examines—
(A) the processes used by the National Highway Traffic Safety Administration (referred to in this section as the “Administration”) for studying and deploying crash test dummies;
(B) (i) the types of crash test dummies used by the Administration as of the date of enactment of this Act;
(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—
(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;
(2) evaluates potential improvements to the processes described in paragraph (1) that could reduce disparities in motor vehicle safety outcomes based on demographic characteristics, including sex;
(3) analyzes the potential use of computer simulation techniques, as a supplement to physical crash tests, to conduct virtual simulations of vehicle crash tests in order to evaluate predicted motor vehicle safety outcomes based on the different physical and demographic characteristics of motor vehicle occupants; and
(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—
(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;
(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
(a) Amendment.—
(1) IN GENERAL.—Chapter 323 of title 49, United States Code, is amended by adding after section 32304A the following:
“(a) Definitions.—In this section:
“(1) PASSENGER MOTOR VEHICLE.—The term ‘passenger motor vehicle’ has the meaning given that term in section 32101.
“(b) Rulemaking.—Not later than 2 years after the date of enactment of this section, the Secretary shall issue a final rule requiring all new passenger motor vehicles weighing less than 10,000 pounds gross vehicle weight to be equipped with a system to alert the operator to check rear-designated seating positions after the vehicle engine or motor is deactivated by the operator.
(2) CLERICAL AMENDMENT.—The analysis for chapter 323 of title 49, United States Code, is amended by inserting after the item relating to section 32304A the following:
“32304B. Child safety.”.
(b) Awareness of children in motor vehicles.—Section 402 of title 23, United States Code (as amended by section 24102(a)(9)), is amended by adding at the end the following:
“(o) Unattended passengers.—
(c) Study and report.—
(1) STUDY.—
(A) IN GENERAL.—The Secretary shall conduct a study on—
(B) ELEMENTS.—In carrying out the study under subparagraph (A), the Secretary shall—
(i) survey and evaluate a variety of methods used by current and emerging aftermarket technologies or products to reduce the risk of children being left in rear-designated seating positions after deactivation of a motor vehicle; and
(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—
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)—
(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;
(a) Definitions.—In this section:
(b) Establishment.—The Secretary shall work with the modal administrations of the Department and with such other Federal agencies and departments as the Secretary determines to be appropriate to make available to the public on an Internet website a resource center, to be known as the “Smart Community Resource Center”, that includes a compilation of resources or links to resources for States and local communities to use in developing and implementing—
(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—
(2) existing reports or databases with the results of intelligent transportation system or smart community transportation programs;
(a) Local outreach.—To determine the data analysis tools needed to assist local communities in making infrastructure decisions, the Director of the Bureau of Transportation Statistics shall perform outreach to planning and infrastructure decision-making officials in units of local government and other units of government, including a geographically diverse group of individuals from—
(b) Work plan.—
(1) IN GENERAL.—Not later than 1 year after the date of enactment of this Act, based on the outreach performed under subsection (a), the Director of the Bureau of Transportation Statistics shall submit to the Secretary a work plan for reviewing and updating existing data analysis tools and developing any additional data analysis tools needed to assist local communities with making infrastructure investment decisions.
(2) CONTENTS.—Based on the needs identified pursuant to the outreach performed under subsection (a), the work plan submitted under paragraph (1) shall include—
(A) a description of the data analysis tools identified that would benefit infrastructure decision-making by local governments and address the goals described in subsection (c);
(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) 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.
(a) Definitions.—In this section:
(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.
(b) Establishment of program.—The Secretary shall establish a program, to be known as the “Strengthening Mobility and Revolutionizing Transportation Grant Program”, under which the Secretary shall provide grants to eligible entities to conduct demonstration projects focused on advanced smart city or community technologies and systems in a variety of communities to improve transportation efficiency and safety.
(c) Distribution.—In determining the projects for which to provide a SMART grant, the Secretary shall consider contributions to geographical diversity among grant recipients, including the need for balancing the needs of rural communities, midsized communities, and large communities, consistent with the requirements of subparagraphs (A) through (C) of subsection (g)(1).
(d) Applications.—
(1) IN GENERAL.—An eligible entity may submit to the Secretary an application for a SMART grant at such time, in such manner, and containing such information as the Secretary may require.
(2) TRANSPARENCY.—The Secretary shall include, in any notice of funding availability relating to SMART grants, a full description of the method by which applications under paragraph (1) will be evaluated.
(3) SELECTION CRITERIA.—
(A) IN GENERAL.—The Secretary shall evaluate applications for SMART grants based on—
(i) the extent to which the eligible entity or applicable beneficiary community—
(I) has a public transportation system or other transit options capable of integration with other systems to improve mobility and efficiency;
(II) has a population density and transportation needs conducive to demonstrating proposed strategies;
(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—
(II) improve the safety and integration of transportation facilities and systems for pedestrians, bicyclists, and the broader traveling public;
(IV) connect or expand access for underserved or disadvantaged populations and reduce transportation costs;
(VII) promote connectivity between and among connected vehicles, roadway infrastructure, pedestrians, bicyclists, the public, and transportation systems
(B) PRIORITY.—In providing SMART grants, the Secretary shall give priority to applications for eligible projects that would—
(iii) encourage private-sector innovation by promoting industry-driven technology standards, open platforms, technology-neutral requirements, and interoperability;
(e) Use of grant funds.—
(1) ELIGIBLE PROJECTS.—
(A) IN GENERAL.—A SMART grant may be used to carry out a project that demonstrates at least 1 of the following:
(i) COORDINATED AUTOMATION.—The use of automated transportation and autonomous vehicles, while working to minimize the impact on the accessibility of any other user group or mode of travel.
(ii) CONNECTED VEHICLES.—Vehicles that send and receive information regarding vehicle movements in the network and use vehicle-to-vehicle and vehicle-to-everything communications to provide advanced and reliable connectivity.
(iii) INTELLIGENT, SENSOR-BASED INFRASTRUCTURE.—The deployment and use of a collective intelligent infrastructure that allows sensors to collect and report real-time data to inform everyday transportation-related operations and performance.
(iv) SYSTEMS INTEGRATION.—The integration of intelligent transportation systems with other existing systems and other advanced transportation technologies.
(v) COMMERCE DELIVERY AND LOGISTICS.—Innovative data and technological solutions supporting efficient goods movement, such as connected vehicle probe data, road weather data, or global positioning data to improve on-time pickup and delivery, improved travel time reliability, reduced fuel consumption and emissions, and reduced labor and vehicle maintenance costs.
(vi) LEVERAGING USE OF INNOVATIVE AVIATION TECHNOLOGY.—Leveraging the use of innovative aviation technologies, such as unmanned aircraft systems, to support transportation safety and efficiencies, including traffic monitoring and infrastructure inspection.
(vii) SMART GRID.—Development of a programmable and efficient energy transmission and distribution system to support the adoption or expansion of energy capture, electric vehicle deployment, or freight or commercial fleet fuel efficiency.
(viii) SMART TECHNOLOGY TRAFFIC SIGNALS.—Improving the active management and functioning of traffic signals, including through—
(f) Reports.—
(1) ELIGIBLE ENTITIES.—Not later than 2 years after the date on which an eligible entity receives a SMART grant, and annually thereafter until the date on which the SMART grant is expended, the eligible entity shall submit to the Secretary an implementation report that describes—
(A) the deployment and operational costs of each eligible project carried out by the eligible entity, as compared to the benefits and savings from the eligible project; and
(B) the means by which each eligible project carried out by the eligible entity has met the original expectation, as projected in the SMART grant application, including—
(i) data describing the means by which the eligible project met the specific goals for the project, such as—
(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—
(g) Authorization of appropriations.—
(1) IN GENERAL.—There is authorized to be appropriated to the Secretary $100,000,000 for each of the first 5 fiscal years beginning after the date of enactment of this Act, of which—
(A) not more than 40 percent shall be used to provide SMART grants for eligible projects that primarily benefit large communities;
(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.
(b) Establishment.—
(1) IN GENERAL.—Not later than 1 year after the date of enactment of this Act, the Secretaries shall jointly establish an electric vehicle working group to make recommendations regarding the development, adoption, and integration of light-, medium-, and heavy-duty electric vehicles into the transportation and energy systems of the United States.
(2) MEMBERSHIP.—
(B) FEDERAL STAKEHOLDERS.—The working group—
(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;
(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—
(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;
(B) examples of successful public and private models and demonstration projects that encourage electric vehicle adoption;
(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);
(3) STRATEGY.—
(A) IN GENERAL.—Based on the reports submitted by the working group under paragraph (1), the Secretaries shall jointly develop, maintain, and update a strategy that describes the means by which the Federal Government, States, units of local government, and industry can—
(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;
(v) prepare the workforce for the adoption of electric vehicles, including through collaboration with labor unions, educational institutions, and relevant manufacturers;
(viii) maintain the global competitiveness of the United States in the electric vehicle and charging infrastructure markets;
(4) INFORMATION.—
(A) IN GENERAL.—The Secretaries may enter into an agreement with the Transportation Research Board of the National Academies of Sciences, Engineering, and Medicine to provide, track, or report data, information, or research to assist the working group in carrying out paragraph (1).
(B) USE OF EXISTING INFORMATION.—In developing a report under paragraph (1) or a strategy under paragraph (3), the Secretaries and the working group shall take into consideration existing Federal, State, local, private sector, and academic data and information relating to electric vehicles and, to the maximum extent practicable, coordinate with the entities that publish that information—
(a) In general.—The Secretary, in consultation with appropriate Federal, State, and local agencies, shall develop a process for quantifying annual risk in order to increase system resilience with respect to the surface transportation system of the United States by measuring—
(b) Use by State, regional, Tribal, and local entities.—
(c) Research.—
(1) IN GENERAL.—The Secretary shall—
(a) In general.—Subchapter I of chapter 3 of title 49, United States Code, is amended by adding at the end the following:
Ҥ 313. Nontraditional and Emerging Transportation Technology Council
“(a) Establishment.—Not later than 180 days after the date of enactment of this section, the Secretary of Transportation (referred to in this section as the ‘Secretary’) shall establish a council, to be known as the ‘Nontraditional and Emerging Transportation Technology Council’ (referred to in this section as the ‘Council’), to address coordination on emerging technology issues across all modes of transportation.
“(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—
“(2) coordinate the response of the Department of Transportation to nontraditional and emerging transportation technology projects;
“(d) Best practices.—Not later than 1 year after the date of enactment of this section, the Council shall—
“(f) Meetings.—The Council shall meet not less frequently than 4 times per year, at the call of the Chair.
“(g) Lead modal administration.—For each nontraditional or emerging transportation technology, mode, or project associated with a jurisdictional or regulatory gap or inconsistency identified under subsection (c)(1), the Chair of the Council shall—
“(h) Transparency.—Not later than 1 year after the date of establishment of the Council, and not less frequently than annually thereafter until December 31, 2026, the Council shall post on a publicly accessible website a report describing the activities of the Council during the preceding calendar year.”.
(b) Clerical amendment.—The analysis for subchapter I of chapter 3 of title 49, United States Code, is amended by adding at the end the following:
“313. Nontraditional and Emerging Transportation Technology Council.”.
(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”;
(4) by inserting after subsection (g) the following:
“(h) Interagency Infrastructure Permitting Improvement Center.—
“(1) DEFINITIONS.—In this subsection:
“(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—
“(4) EXECUTIVE DIRECTOR.—The Center shall be headed by an Executive Director, who shall—
“(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.
“(6) INNOVATIVE BEST PRACTICES.—
“(A) IN GENERAL.—The Center shall work with the operating administrations within the Department, eligible entities, and other public and private interests to develop and promote best practices for innovative project delivery.
“(B) ACTIVITIES.—The Center shall support the Department and operating administrations in conducting environmental reviews and permitting, together with project sponsor technical assistance activities, by—
“(i) carrying out activities that are appropriate and consistent with the goals and policies of the Department to improve the delivery timelines for projects;
“(ii) serving as the Department liaison to—
“(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.
(a) Definitions.—In this section:
(1) BUILD AMERICA BUREAU.—The term “Build America Bureau” means the National Surface Transportation and Innovative Finance Bureau established under section 116 of title 49, United States Code.
(2) INDIAN TRIBE.—The term “Indian Tribe” has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).
(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
(2) OBJECTIVES.—The ROUTES Office shall—
(A) collect input from knowledgeable entities and the public on—
(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;
(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;
(c) Routes Council.—
(1) IN GENERAL.—The Secretary shall establish a Rural Opportunities to Use Transportation for Economic Success Council—
(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;
(2) MEMBERSHIP.—
(3) ADDITIONAL MODAL INPUT.—To address issues related to safety and transport of commodities produced in or by, or transported through, as applicable, rural areas, Indian Tribes, or the land of Indian Tribes, the ROUTES Council shall consult with the Administrators (or their designees) of—
(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;
(6) ADDITIONAL STAFFING.—The Secretary shall ensure that the ROUTES Council and ROUTES Office have adequate staff support to carry out the duties of the ROUTES Council and the ROUTES Office, respectively, under this section.
(7) WORK PRODUCTS AND DELIVERABLES.—The ROUTES Council may develop work products or deliverables to meet the goals of the ROUTES Council, including—
(A) an annual report to Congress describing ROUTES Council activities for the past year and expected activities for the coming year;
(b) 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.
(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;
(C) DATA SHARING.—
(i) IN GENERAL.—To inform the creation of information useful for safety policy and decisionmaking, the Secretary shall—
(ii) GOALS.—The goals of the data-sharing activities under clause (i) shall include—
(3) PLAN.—
(A) IN GENERAL.—The Safety Data Initiative shall be carried out pursuant to a plan to be jointly established by—
(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:
“§ 119. Advanced Research Projects Agency–Infrastructure
“(a) Definitions.—In this section:
“(1) ARPA–I.— The term ‘ARPA–I’ means the Advanced Research Projects Agency–Infrastructure established by subsection (b).
“(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—
“(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;
“(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;
“(d) Director.—
“(1) APPOINTMENT.—ARPA–I shall be headed by a Director, who shall be appointed by the President, by and with the advice and consent of the Senate.
“(2) QUALIFICATIONS.—The Director shall be an individual who, by reason of professional background and experience, is especially qualified to advise the Secretary regarding, and manage research programs addressing, matters relating to the development of science and technology solutions to advance United States transportation infrastructure.
“(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—
“(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);
“(e) Personnel.—
“(1) IN GENERAL.—The Director shall establish and maintain within ARPA–I a staff with sufficient qualifications and expertise to enable ARPA–I to carry out the responsibilities under this section, in conjunction with other operations of the Department.
“(2) PROGRAM DIRECTORS.—
“(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;
“(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;
“(v) selecting on the basis of merit each project to be supported under the applicable program, taking into consideration—
“(II) the demonstrated capabilities of eligible entities to successfully carry out proposed projects;
“(vi) identifying innovative cost-sharing arrangements for projects carried out or funded by ARPA–I;
“(3) HIRING AND MANAGEMENT.—
“(A) IN GENERAL.—The Director may—
“(i) make appointments of scientific, engineering, and professional personnel, without regard to the civil service laws;
“(ii) fix the basic pay of such personnel at such rate as the Director may determine, but not to exceed level II of the Executive Schedule, without regard to the civil service laws; and
“(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—
“(2) REVIEW.—The Director—
“(A) shall review each unsolicited research proposal submitted under paragraph (1), taking into consideration—
“(ii) the demonstrated capabilities of the applicant to successfully carry out the research proposal;
“(B) may approve a research proposal if the Director determines that the research—
“(C) (i) if funding is denied for the research proposal, shall provide to the eligible entity that submitted the proposal a written notice of the denial that, as applicable—
“(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—
“(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—
“(2) STRATEGIC VISION ROADMAP.—Not later than October 1, 2022, and not less frequently than once every 4 years thereafter, the Director shall submit to the relevant authorizing and appropriations committees of Congress a roadmap describing the strategic vision that ARPA–I will use to guide the selection of future projects for technology investment during the 4 fiscal-year period beginning on the date of submission of the report.
“(i) Coordination and nonduplication.—The Director shall ensure that—
“(j) Federal demonstration of technologies.—The Director shall seek opportunities to partner with purchasing and procurement programs of Federal agencies to demonstrate technologies resulting from activities funded through ARPA–I.
“(k) Partnerships.—The Director shall seek opportunities to enter into contracts or partnerships with minority-serving institutions (as described in any of paragraphs (1) through (7) of section 371(a) of the Higher Education Act of 1965 (20 U.S.C. 1067q(a)))—
“(2) to develop institutional capacity in advanced transportation infrastructure technologies and materials;
“(l) University transportation centers.—The Director may—
“(m) Advice.—
“(n) Evaluation.—
“(1) IN GENERAL.—Not later than December 27, 2024, the Secretary may enter into an arrangement with the National Academy of Sciences under which the National Academy shall conduct an evaluation of the achievement by ARPA–I of the goals described in subsection (c)(1).
“(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—
“(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;
“(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.—
(b) Clerical amendment.—The analysis for chapter 1 of title 49, United States Code (as amended by section 21101(c)), is amended by adding at the end the following:
“119. Advanced Research Projects Agency–Infrastructure.”.
(a) In general.—Subchapter I of chapter 55 of title 49, United States Code, is amended by adding at the end the following:
Ҥ 5506. Advanced transportation research initiative
“(a) Definition of eligible entity.—In this section, the term ‘eligible entity’ means—
“(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;
“(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—
“(c) Eligible research.—The Secretary may enter into an arrangement with an eligible entity under this section to fund research that—
“(d) Project review.—The Secretary shall—
“(1) review each research proposal submitted under the pilot program established under subsection (b); and
“(2) (A) if funding is denied for the research proposal—
“(i) provide to the eligible entity that submitted the proposal a written notice of the denial that, as applicable—
“(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—
“(f) Review, evaluation, and report.—Not less frequently than biennially, in accordance with the plan developed under section 6503, the Secretary shall—
“(g) Federal share.—
(b) Clerical amendment.—The analysis for subchapter I of chapter 55 of title 49, United States Code, is amended by adding at the end the following:
“5506. Advanced transportation research initiative.”.
Section 6503 of title 49, United States Code, is amended—
(1) in subsection (a), by striking “The Secretary” and inserting “Not later than 180 days after the date of publication of the Department of Transportation Strategic Plan and not less frequently than once every 5 years thereafter, the Secretary”;
(2) in subsection (b), in the matter preceding paragraph (1), by striking “The strategic” and inserting “Each strategic”;
(3) in subsection (c)—
(a) Annual modal research plans.—Section 6501 of title 49, United States Code, is amended—
(1) in subsection (a)—
(A) by striking paragraph (1) and inserting the following:
“(1) IN GENERAL.—Not later than June 1 of each year, the head of each modal administration and joint program office of the Department of Transportation shall prepare and submit to the Assistant Secretary for Research and Technology of the Department of Transportation (referred to in this chapter as the ‘Assistant Secretary’)—
(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—
“(C) a list of activities the Assistant Secretary or modal administration plans to carry out under the research programs described in subparagraph (B);
“(D) an assessment of the potential impact of the research programs described in subparagraph (B), including—
“(i) potential outputs, outcomes, and impacts on technologies and practices used by entities subject to the jurisdiction of the modal administration;
(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
(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—
“(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;
(b) Consolidated research database.—Section 6502(a) of title 49, United States Code, is amended by striking the subsection designation and heading and all that follows through subparagraph (B) of paragraph (2) and inserting the following:
“(a) Research abstract database.—
“(1) SUBMISSION.—Not later than September 1 of each year, the head of each modal administration and joint program office of the Department of Transportation shall submit to the Assistant Secretary, for review and public posting, a description of each proposed research project to be carried out during the following fiscal year, including—
“(2) PUBLICATION.—Not less frequently than annually, after receiving the descriptions under paragraph (1), the Assistant Secretary shall publish on a public website a comprehensive database including a description of all research projects conducted by the Department of Transportation, including research funded through university transportation centers under section 5505.
“(3) CONTENTS.—The database published under paragraph (2) shall—
“(B) include a description of, with respect to each research project—
“(ii) the progress made with respect to the project, including whether the project is ongoing or complete;
(a) In general.—Chapter 65 of title 49, United States Code, is amended by adding at the end the following:
Ҥ 6504. Incorporation of Department of Transportation research
“(a) Review.—Not later than December 31, 2021, and not less frequently than once every 5 years thereafter, in concurrence with the applicable strategic plan under section 6503, the Secretary of Transportation shall—
“(2) to the maximum extent practicable and appropriate, identify modifications to laws, regulations, guidance, and other policy documents to incorporate any innovations resulting from the research described in paragraph (1) that have the potential to improve the safety or efficiency of the United States transportation system.
“(b) Requirements.—In conducting a review under subsection (a), the Secretary of Transportation shall—
“(1) identify any innovative practices, materials, or technologies that have demonstrable benefits to the transportation system;
“(2) determine whether the practices, materials, or technologies described in paragraph (1) require any statutory or regulatory modifications for adoption; and
“(3) (A) if modifications are determined to be required under paragraph (2), develop—
“(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.
(b) Clerical amendment.—The analysis for chapter 65 of title 49, United States Code, is amended by adding at the end the following:
“6504. Incorporation of Department of Transportation research.”.
Section 5505 of title 49, United States Code, is amended—
(1) in subsection (a)—
(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)”;
(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
(a) In general.—Section 1431(e) of the FAST Act (49 U.S.C. 301 note; Public Law 114–94) is amended—
(1) by redesignating paragraphs (1) through (7) as subparagraphs (A) though (G), respectively, and indenting appropriately;
(2) in the matter preceding subparagraph (A) (as so redesignated)—
(A) by striking “Not later than 3 years after the date of enactment of this Act” and inserting “Not later than 180 days after the date of enactment of the Surface Transportation Investment Act of 2021”; and
(B) by striking “plan that includes” and inserting the following: “plan—
“(1) to develop an immediate-term and long-term strategy, including policy recommendations across all modes of transportation, for the Department and other agencies to use infrastructure investments to revive the travel and tourism industry and the overall travel and tourism economy in the wake of the Coronavirus Disease 2019 (COVID–19) pandemic; and
(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”;
(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
(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.
(b) Workforce diversity report.—Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to Congress a report describing methods—
(1) to ensure preapprenticeship programs are established and implemented to meet the needs of employers in transportation and transportation infrastructure construction industries, including with respect to the formal connection of the preapprenticeship programs to registered apprenticeship programs;
(2) to address barriers to employment (within the meaning of the Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et seq.)) in transportation and transportation infrastructure construction industries for—
(A) individuals who are former offenders (as defined in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102));
(B) individuals with a disability (as defined in section 3 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102)); and
(3) to encourage a recipient or subrecipient implementing a local or other geographical or economic hiring preference pursuant to subsection (a)(1) to establish, in coordination with nonprofit organizations that represent employees, outreach and support programs that increase diversity within the workforce, including expanded participation from individuals described in subparagraphs (A) through (C) of paragraph (2).
(c) Model plan.—Not later than 1 year after the date of submission of the report under subsection (b), the Secretary shall establish, and publish on the website of the Department, a model plan for use by States, units of local government, and private sector entities to address the issues described in that subsection.
(a) Assessment.—The Secretary shall enter into an arrangement with the National Academy of Sciences under which the National Academy shall develop and submit to the Secretary a workforce needs assessment that—
(1) addresses—
(A) the education and recruitment of technical workers for the intelligent transportation technologies and systems industry;
(B) the development of a workforce skilled in various types of intelligent transportation technologies, components, infrastructure, and equipment, including with respect to—
(C) barriers to employment in the intelligent transportation technologies and systems industry for—
(i) individuals who are former offenders (as defined in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102));
(ii) individuals with a disability (as defined in section 3 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102)); and
(b) Working group.—
(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.
(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:
Ҥ 5507. Transportation workforce outreach program
“(a) In general.—The Secretary of Transportation (referred to in this section as the ‘Secretary’) shall establish and administer a transportation workforce outreach program, under which the Secretary shall carry out a series of public service announcement campaigns during each of fiscal years 2022 through 2026.
“(b) Purposes.—The purpose of the campaigns carried out under the program under this section shall be—
“(1) to increase awareness of career opportunities in the transportation sector, including aviation pilots, safety inspectors, mechanics and technicians, air traffic controllers, flight attendants, truck and bus drivers, engineers, transit workers, railroad workers, and other transportation professionals; and
(2) CLERICAL AMENDMENT.—The analysis for subchapter I of chapter 55 of title 49, United States Code (as amended by section 25013(b)), is amended by adding at the end the following:
“5507. Transportation workforce outreach program.”.
(b) Clerical amendment.—The analysis for subchapter I of chapter 55 of title 49, United States Code, is amended by striking the item relating to section 5502.
(a) Cybersecurity risk management.—Not later than 3 years after the date of enactment of this Act, the Secretary shall implement the recommendation for the Department made by the Comptroller General of the United States in the report entitled “Cybersecurity: Agencies Need to Fully Establish Risk Management Programs and Address Challenges”, numbered GAO–19–384, and dated July 2019—
(b) Work roles.—Not later than 3 years after the date of enactment of this Act, the Secretary shall implement the recommendation of the Comptroller General of the United States in the report entitled “Cybersecurity Workforce: Agencies Need to Accurately Categorize Positions to Effectively Identify Critical Staffing Needs”, numbered GAO–19–144, and dated March 2019, by—
(c) GAO review.—
(1) REPORT.—Not later than 18 months after the date of enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that examines the approach of the Department to managing cybersecurity for the systems and information of the Department.
(2) CONTENTS.—The report under paragraph (1) shall include an evaluation of—
(A) the roles, responsibilities, and reporting relationships of the senior officials of the Department with respect to cybersecurity at the components of the Department;
(a) Financial management.—Not later than 1 year after the date of enactment of this Act, the Secretary shall implement the recommendations of the Inspector General of the Department included in the report entitled “DOT Needs to Strengthen Its Oversight of IAAs With Volpe” and dated September 30, 2019, to improve planning, financial management, and the sharing of performance information with respect to intraagency agreements with the John A. Volpe National Transportation Systems Center (referred to in this section as the “Volpe Center”).
(b) GAO review.—
(1) IN GENERAL.—Not later than 2 years after the date of enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that examines the surface transportation activities at the Volpe Center.
(2) CONTENTS.—The report under paragraph (1) shall include an evaluation of—
(A) the amount of Department funding provided to the Volpe Center, as compared to other Federal and non-Federal research partners;
(B) the process used by the Department to determine whether to work with the Volpe Center, as compared to any other Federal or non-Federal research partner;
Section 1906 of the SAFETEA–LU (23 U.S.C. 402 note; Public Law 109–59) is amended—
(2) by striking subsection (c) and inserting the following:
Not later than 2 years after the date of enactment of this Act, the Secretary, in consultation with the heads of appropriate Federal agencies, State highway safety offices, State toxicologists, traffic safety advocates, and other interested parties, shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that, in accordance with the document entitled “Recommendations for Toxicological Investigations of Drug-Impaired Driving and Motor Vehicle Fatalities—2017 Update” (and subsequent updates to that document)—
(1) identifies any barriers that States encounter in submitting alcohol and drug toxicology results to the Fatality Analysis Reporting System;
(2) provides recommendations on how to address the barriers identified pursuant to paragraph (1); and
(a) Definition of marijuana.—In this section, the term “marijuana” has the meaning given the term in section 4008(d) of the FAST Act (Public Law 114–94; 129 Stat. 1511).
(b) Report.—Not later than 2 years after the date of enactment of this Act, the Secretary, in consultation with the Attorney General and the Secretary of Health and Human Services, shall submit to the Committees on Commerce, Science, and Transportation and the Judiciary of the Senate and the Committees on Transportation and Infrastructure and the Judiciary of the House of Representatives, and make publicly available on the website of the Department, a report that—
(1) describes methods for, and contains recommendations with respect to—
(A) increasing and improving, for scientific researchers studying impairment while driving under the influence of marijuana, access to samples and strains of marijuana and products containing marijuana that are lawfully available to patients or consumers in a State on a retail basis;
(B) establishing a national clearinghouse to collect and distribute samples and strains of marijuana for scientific research that includes marijuana and products containing marijuana lawfully available to patients or consumers in a State on a retail basis; and
(C) facilitating, for scientific researchers located in States that have not legalized marijuana for medical or recreational use, access to samples and strains of marijuana and products containing marijuana from the clearinghouse described in subparagraph (B) for purposes of research on marijuana-impaired driving; and
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.
Section 5128 of title 49, United States Code, is amended to read as follows:
Ҥ 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)—
“(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—
“(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.
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)”;
(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)—
“(2) ELIGIBLE ENTITIES.—An eligible entity referred to in paragraph (1) is a nonprofit organization that—
“(3) FUNDING.—
“(A) IN GENERAL.—To carry out the grant program under paragraph (1), the Secretary may use, for each fiscal year, any amounts recovered during such fiscal year from grants awarded under this section during a prior fiscal year.
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;”;
For each grant awarded under this Act, or an amendment made by this Act, the Secretary may—
(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).
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.
(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—
(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—
(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;
(a) Study.—
(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;
(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—
(2) REPORT.—Not later than 18 months after the date of enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the assessment conducted under paragraph (1), which shall include—
(A) recommendations for improving the evaluation and consideration by the Department of travel and tourism with respect to the discretionary grant programs of the Department;
(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—
(B) in subsection (b)—
(i) in paragraph (1)—
(II) by striking subparagraph (B) and inserting the following:
(2) ADMINISTRATION.—Section 9(a) of the Dingell-Johnson Sport Fish Restoration Act (16 U.S.C. 777h(a)) is amended—
(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)”;
(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.”.
(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) in paragraph (2)—
(ii) by striking subparagraph (B) and inserting the following:
“(B) APPORTIONMENT OF UNOBLIGATED AMOUNTS.—
“(i) IN GENERAL.—Not later than 60 days after the end of a fiscal year, the Secretary of the Interior shall apportion among the States any of the available amount under paragraph (1) that remained available for obligation pursuant to subparagraph (A) during that fiscal year and remains unobligated at the end of that fiscal year.
(2) AUTHORIZED EXPENSES FOR ADMINISTRATION.—Section 9(a) of the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669h(a)) is amended—
(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)”;
(c) Recreational boating access.—
(1) IN GENERAL.—Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall submit to the Sport Fishing and Boating Partnership Council, the Committee on Natural Resources and the Committee on Transportation and Infrastructure of the House of Representatives, and the Committee on Commerce, Science, and Transportation and the Committee on Environment and Public Works of the Senate a report that, to the extent practicable, given available data, shall document—
(d) Sport Fishing and Boating Partnership Council.—
(1) IN GENERAL.—The Sport Fishing and Boating Partnership Council established by the Secretary of the Interior shall be an advisory committee of the Department of the Interior and the Department of Commerce subject to the Federal Advisory Committee Act (5 U.S.C. App.).
(a) In general.—Section 5302 of title 49, United States Code, is amended—
(1) by redesignating paragraphs (1) through (24) as paragraphs (2), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12), (13), (14), (15), (16), (17), (18), (19), (20), (21), (22), (23), (24), and (25), respectively; and
(2) by inserting before paragraph (2) (as so redesignated) the following:
“(1) ASSAULT ON A TRANSIT WORKER.—The term ‘assault on a transit worker’ means a circumstance in which an individual knowingly, without lawful authority or permission, and with intent to endanger the safety of any individual, or with a reckless disregard for the safety of human life, interferes with, disables, or incapacitates a transit worker while the transit worker is performing the duties of the transit worker.”; and
(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)”.
(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”;
(5) in subsection (k)—
(B) by inserting after paragraph (3) the following:
“(4) HOUSING COORDINATION PROCESS.—
“(A) IN GENERAL.—Within a metropolitan planning area serving a transportation management area, the transportation planning process under this section may address the integration of housing, transportation, and economic development strategies through a process that provides for effective integration, based on a cooperatively developed and implemented strategy, of new and existing transportation facilities eligible for funding under this chapter and title 23.
“(B) COORDINATION IN INTEGRATED PLANNING PROCESS.—In carrying out the process described in subparagraph (A), a metropolitan planning organization may—
“(i) consult with—
“(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—
“(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;
(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
(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.
(a) Technical amendments.—Section 5304 of title 49, United States Code, is amended—
Section 5305 of title 49, United States Code, is amended—
(1) in subsection (e)(1)(A), in the matter preceding clause (i), by striking “this section and section” and inserting “this section and sections”; and
(2) by striking subsection (f) and inserting the following:
“(f) Government share of costs.—
“(1) IN GENERAL.—Except as provided in paragraph (2), the Government share of the cost of an activity funded using amounts made available under this section may not exceed 80 percent of the cost of the activity unless the Secretary determines that it is in the interests of the Government—
“(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—
“(B) REPORT.—A State or metropolitan planning organization that carries out an activity described in subparagraph (A) with an increased Government share described in that subparagraph shall report to the Secretary, in a form as determined by the Secretary, how the increased Government share for transportation planning activities benefits commuting and other essential travel in parts of the applicable urbanized area or rural area described in subparagraph (A) with lower population density or lower average income levels.”.
(a) In general.—Section 5309 of title 49, United States Code, is amended—
(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”;
(5) in subsection (i), by striking paragraphs (1) through (8) and inserting the following:
“(1) FUTURE BUNDLING.—
“(A) DEFINITION.—In this paragraph, the term ‘future bundling request’ means a letter described in subparagraph (B) that requests future funding for additional projects.
“(B) REQUEST.—When an applicant submits a letter to the Secretary requesting entry of a project into the project development phase under subsection (d)(1)(A)(i)(I), (e)(1)(A)(i)(I), or (h)(2)(A)(i)(I), the applicant may include a description of other projects for consideration for future funding under this section. An applicant shall include in the request the amount of funding requested under this section for each additional project and the estimated capital cost of each project.
“(C) READINESS.—Other projects included in the request shall be ready to enter the project development phase under subsection (d)(1)(A), (e)(1)(A), or (h)(2)(A), within 5 years of the initial project submitted as part of the request.
“(D) PLANNING.—Projects in the future bundling request shall be included in the metropolitan transportation plan in accordance with section 5303(i).
“(E) PROJECT SPONSOR.—The applicant that submits a future bundling request shall be the project sponsor for each project included in the request.
“(F) PROGRAM AND PROJECT SHARE.—A future bundling request submitted under this paragraph shall include a proposed share of each of the request’s projects that is consistent with the requirements of subsections (k)(2)(C)(ii) or (h)(7), as applicable.
“(G) BENEFITS.—The bundling of projects under this subsection—
“(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.
“(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—
“(H) EVALUATION.—A project submitted for consideration for immediate funding in an immediate bundling request shall be subject to the applicable evaluation criteria under this section for the project type, including demonstrating the availability of local resources to recapitalize, maintain, and operate the overall existing and proposed public transportation system pursuant to subsection (f)(1)(C).
“(I) LETTER OF INTENT OR SINGLE GRANT AGREEMENT.—
“(i) IN GENERAL.—Upon entering into a grant agreement for the initial project for which an applicant submits a request, the Secretary may issue a letter of intent or single, combined grant agreement to the applicant.
“(ii) LETTER OF INTENT.—
“(I) IN GENERAL.—A letter of intent announces an intention to obligate, for 1 or more additional projects included in the request, an amount from future available budget authority specified in law that is not more than the amount stipulated as the financial participation of the Secretary in the additional project or projects. Such letter may include a condition that the project or projects must meet the evaluation criteria in this subsection before a grant agreement can be executed.
“(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,
(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.—
(ii) by redesignating subclause (II) of clause (i) (as so designated) as clause (ii), and adjusting the margin accordingly; and
(7) in subsection (o)—
(C) in paragraph (2) (as so redesignated)—
(i) in subparagraph (A)—
(II) by redesignating clauses (i) and (ii) as subclauses (I) and (II), respectively, and adjusting the margins accordingly;
(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
(V) by adding at the end the following:
“(ii) includes, with respect to projects that entered into revenue service since the previous biennial review—
“(I) a description and analysis of the impacts of the projects on public transportation services and public transportation ridership;
(8) by adding at the end the following:
“(r) Capital investment grant dashboard.—
“(1) IN GENERAL.—The Secretary shall make publicly available in an easily identifiable location on the website of the Department of Transportation a dashboard containing the following information for each project seeking a grant agreement under this section:
“(F) Project length and number of stops, including length of exclusive bus rapid transit lanes, if applicable.
“(I) Date of compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
“(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.
“(2) UPDATES.—The Secretary shall update the information provided under paragraph (1) not less frequently than monthly.
“(3) PROJECT PROFILES.—The Secretary shall continue to make profiles for projects that have applied for or are receiving assistance under this section publicly available in an easily identifiable location on the website of the Department of Transportation, in the same manner as the Secretary did as of the day before the date of enactment of this subsection.”.
(b) Expedited project delivery for capital investment grants pilot program.—Section 3005(b) of the Federal Public Transportation Act of 2015 (49 U.S.C. 5309 note; Public Law 114–94) is amended—
Section 5311 of title 49, United States Code, is amended—
(1) in subsection (c)—
(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) In general.—Section 5312 of title 49, United States Code, is amended—
(1) by striking the first subsection designated as subsection (g), relating to annual reports on research, as so designated by section 3008(a)(6)(A) of the FAST Act (Public Law 114–94; 129 Stat. 1468) and inserting the following:
“(f) Annual report on research.—
“(1) IN GENERAL.—Not later than the first Monday in February of each year, the Secretary shall make available to the public on the Web site of the Department of Transportation, a report that includes—
“(A) a description of each project that received assistance under this section during the preceding fiscal year;
“(2) UPDATES.—Not less than every 3 months, the Secretary shall update on the Web site of the Department of Transportation the information described in paragraph (1)(C) to reflect any changes to the Secretary’s plans to make assistance available under this section.
“(3) LONG-TERM RESEARCH PLANS.—The Secretary is encouraged to develop long-term research plans and shall identify in the annual report under paragraph (1) and in updates under paragraph (2) allocations of amounts for assistance and notices of funding opportunities to execute long-term strategic research roadmap plans.”;
(2) in paragraph (1) of subsection (g), relating to Government share of costs, by striking the period at the end and inserting “, except that if there is substantial public interest or benefit, the Secretary may approve a greater Federal share.”; and
(3) in subsection (h)—
(A) in paragraph (2)—
(ii) by striking subparagraph (B) and inserting the following:
“(B) TESTING, EVALUATION, AND ANALYSIS.—
“(i) IN GENERAL.—The Secretary shall enter into a contract or cooperative agreement with, or make a grant to, at least 1 institution of higher education to operate and maintain a facility to conduct testing, evaluation, and analysis of low or no emission vehicle components, and new and emerging technology components, intended for use in low or no emission vehicles.
(iii) by adding at the end the following:
(b) Low or no emission vehicle component assessment.—
(1) IN GENERAL.—Institutions of higher education selected to operate and maintain a facility to conduct testing, evaluation, and analysis of low or no emission vehicle components pursuant to section 5312(h) of title 49, United States Code, shall not carry out testing for a new bus model under section 5318 of that title.
(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—
“(ii) more timely and productive information-sharing among stakeholders through reduced reliance on paper to manage construction processes and deliverables such as blueprints, design drawings, procurement and supply-chain orders, equipment logs, daily progress reports, and punch lists;
“(iii) deployment of digital management systems that enable and leverage the use of digital technologies on construction sites by contractors, such as state-of-the-art automated and connected machinery and optimized routing software that allows construction workers to perform tasks faster, safer, more accurately, and with minimal supervision;
“(v) increased technology adoption and deployment by States, local governmental authorities, and designated recipients that enables project sponsors—
“(vi) technology training and workforce development to build the capabilities of project managers and sponsors that enables States, local governmental authorities, or designated recipients—
“(vii) development of guidance to assist States, local governmental authorities, and designated recipients in updating regulations to allow project sponsors and contractors—
Section 5318 of title 49, United States Code, is amended by adding at the end the following:
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
Section 5323(u) of title 49, United States Code, is amended by striking paragraph (2) and inserting the following:
Section 5324 of title 49, United States Code, is amended by adding at the end the following:
(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”;
(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;
(v) in subparagraph (D) (as so redesignated), by inserting “, and consistent with guidelines of the Centers for Disease Control and Prevention or a State health authority, minimize exposure to infectious diseases” after “public, personnel, and property to hazards and unsafe conditions”;
(vi) by striking subparagraph (F) (as so redesignated) and inserting the following:
(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) in the case of a recipient receiving assistance under section 5307 that is serving an urbanized area with a population of 200,000 or more, a risk reduction program for transit operations to improve safety by reducing the number and rates of accidents, injuries, and assaults on transit workers based on data submitted to the national transit database under section 5335, including—
“(i) a reduction of vehicular and pedestrian accidents involving buses that includes measures to reduce visibility impairments for bus operators that contribute to accidents, including retrofits to buses in revenue service and specifications for future procurements that reduce visibility impairments; and
“(ii) the mitigation of assaults on transit workers, including the deployment of assault mitigation infrastructure and technology on buses, including barriers to restrict the unwanted entry of individuals and objects into the workstations of bus operators when a risk analysis performed by the safety committee of the recipient established under paragraph (5) determines that such barriers or other measures would reduce assaults on transit workers and injuries to transit workers.”; and
(B) by adding at the end the following:
“(4) RISK REDUCTION PERFORMANCE TARGETS.—
“(A) IN GENERAL.—The safety committee of a recipient receiving assistance under section 5307 that is serving an urbanized area with a population of 200,000 or more established under paragraph (5) shall establish performance targets for the risk reduction program required under paragraph (1)(I) using a 3-year rolling average of the data submitted by the recipient to the national transit database under section 5335.
“(B) SAFETY SET ASIDE.—A recipient receiving assistance under section 5307 that is serving an urbanized area with a population of 200,000 or more shall allocate not less than 0.75 percent of those funds to safety-related projects eligible under section 5307.
“(C) FAILURE TO MEET PERFORMANCE TARGETS.—A recipient receiving assistance under section 5307 that is serving an urbanized area with a population of 200,000 or more that does not meet the performance targets established under subparagraph (A) shall allocate the amount made available in subparagraph (B) in the following fiscal year to projects described in subparagraph (D).
“(5) SAFETY COMMITTEE.—
“(A) IN GENERAL.—For purposes of this subsection, the safety committee of a recipient shall—
“(ii) consist of an equal number of—
“(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;
(4) in subsection (e)—
(B) by adding at the end the following:
“(11) EFFECTIVENESS OF ENFORCEMENT AUTHORITIES AND PRACTICES.—The Secretary shall develop and disseminate to State safety oversight agencies the process and methodology that the Secretary will use to monitor the effectiveness of the enforcement authorities and practices of State safety oversight agencies.”; and
(5) by striking subsection (k) and inserting the following:
“(k) Inspections.—
“(1) INSPECTION ACCESS.—
“(A) IN GENERAL.—A State safety oversight program shall provide the State safety oversight agency established by the program with the authority and capability to enter the facilities of each rail fixed guideway public transportation system that the State safety oversight agency oversees to inspect infrastructure, equipment, records, personnel, and data, including the data that the rail fixed guideway public transportation agency collects when identifying and evaluating safety risks.
“(B) POLICIES AND PROCEDURES.—A State safety oversight agency, in consultation with each rail fixed guideway public transportation agency that the State safety oversight agency oversees, shall establish policies and procedures regarding the access of the State safety oversight agency to conduct inspections of the rail fixed guideway public transportation system, including access for inspections that occur without advance notice to the rail fixed guideway public transportation agency.
“(2) DATA COLLECTION.—
“(A) IN GENERAL.—A rail fixed guideway public transportation agency shall provide the applicable State safety oversight agency with the data that the rail fixed guideway public transportation agency collects when identifying and evaluating safety risks, in accordance with subparagraph (B).
“(B) POLICIES AND PROCEDURES.—A State safety oversight agency, in consultation with each rail fixed guideway public transportation agency that the State safety oversight agency oversees, shall establish policies and procedures for collecting data described in subparagraph (A) from a rail fixed guideway public transportation agency, including with respect to frequency of collection, that is commensurate with the size and complexity of the rail fixed guideway public transportation system.
“(3) INCORPORATION.—Policies and procedures established under this subsection shall be incorporated into—
“(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—
(b) Deadline; effective date.—
(1) SPECIAL DIRECTIVE ON RISK-BASED INSPECTION PROGRAMS.—Not later than 1 year after the date of enactment of this Act, the Secretary of Transportation shall issue each special directive required under section 5329(k)(5) of title 49, United States Code (as added by subsection (a)).
(2) INSPECTION REQUIREMENTS.—Section 5329(k) of title 49, United States Code (as amended by subsection (a)), shall apply with respect to a State safety oversight agency on and after the date that is 2 years after the date on which the Secretary of Transportation issues the special directive to the State safety oversight agency under paragraph (5) of that section 5329(k).
Section 5334(h)(4) of title 49, United States Code, is amended—
(2) by inserting after subparagraph (A) the following:
“(B) REIMBURSEMENT.—
“(i) FAIR MARKET VALUE OF LESS THAN $5,000.—With respect to rolling stock and equipment with a unit fair market value of $5,000 or less per unit and unused supplies with a total aggregate fair market value of $5,000 or less that was purchased using Federal financial assistance under this chapter, the rolling stock, equipment, and supplies may be retained, sold, or otherwise disposed of at the end of the service life of the rolling stock, equipment, or supplies without any obligation to reimburse the Federal Transit Administration.
“(ii) FAIR MARKET VALUE OF MORE THAN $5,000.—
“(I) IN GENERAL.—With respect to rolling stock and equipment with a unit fair market value of more than $5,000 per unit and unused supplies with a total aggregate fair market value of more than $5,000 that was purchased using Federal financial assistance under this chapter, the rolling stock, equipment, and supplies may be retained or sold at the end of the service life of the rolling stock, equipment, or supplies.
“(II) REIMBURSEMENT REQUIRED.—If rolling stock, equipment, or supplies described in subclause (I) is sold, of the proceeds from the sale—
“(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.”.
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:
(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”.
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—
“(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.
Section 5338 of title 49, United States Code, is amended to read as follows:
“(a) Grants.—
“(1) IN GENERAL.—There shall be available from the Mass Transit Account of the Highway Trust Fund to carry out sections 5305, 5307, 5310, 5311, 5312, 5314, 5318, 5335, 5337, 5339, and 5340, section 20005(b) of the Federal Public Transportation Act of 2012 (49 U.S.C. 5303 note; Public Law 112–141), and section 3006(b) of the Federal Public Transportation Act of 2015 (49 U.S.C. 5310 note; Public Law 114–94)—
“(2) ALLOCATION OF FUNDS.—Of the amounts made available under paragraph (1)—
“(A) $184,647,343 for fiscal year 2022, $188,504,820 for fiscal year 2023, $193,426,906 for fiscal year 2024, $197,422,644 for fiscal year 2025, and $202,441,512 for fiscal year 2026 shall be available to carry out section 5305;
“(B) $13,157,184 for fiscal year 2022, $13,432,051 for fiscal year 2023, $13,782,778 for fiscal year 2024, $14,067,497 for fiscal year 2025, and $14,425,121 for fiscal year 2026 shall be available to carry out section 20005(b) of the Federal Public Transportation Act of 2012 (49 U.S.C. 5303 note; Public Law 112–141);
“(C) $6,408,288,249 for fiscal year 2022, $6,542,164,133 for fiscal year 2023, $6,712,987,840 for fiscal year 2024, $6,851,662,142 for fiscal year 2025, and $7,025,844,743 for fiscal year 2026 shall be allocated in accordance with section 5336 to provide financial assistance for urbanized areas under section 5307;
“(D) $371,247,094 for fiscal year 2022, $379,002,836 for fiscal year 2023, $388,899,052 for fiscal year 2024, $396,932,778 for fiscal year 2025, and $407,023,583 for fiscal year 2026 shall be available to provide financial assistance for services for the enhanced mobility of seniors and individuals with disabilities under section 5310;
“(E) $4,605,014 for fiscal year 2022, $4,701,218 for fiscal year 2023, $4,823,972 for fiscal year 2024, $4,923,624 for fiscal year 2025, and $5,048,792 for fiscal year 2026 shall be available for the pilot program for innovative coordinated access and mobility under section 3006(b) of the Federal Public Transportation Act of 2015 (49 U.S.C. 5310 note; Public Law 114–94);
“(F) $875,289,555 for fiscal year 2022, $893,575,275 for fiscal year 2023, $916,907,591 for fiscal year 2024, $935,848,712 for fiscal year 2025, and $959,639,810 for fiscal year 2026 shall be available to provide financial assistance for rural areas under section 5311;
“(G) $36,840,115 for fiscal year 2022, $37,609,743 for fiscal year 2023, $38,591,779 for fiscal year 2024, $39,388,993 for fiscal year 2025, and $40,390,337 for fiscal year 2026 shall be available to carry out section 5312, of which—
“(H) $11,841,465 for fiscal year 2022, $12,088,846 for fiscal year 2023, $12,404,500 for fiscal year 2024, $12,660,748 for fiscal year 2025, and $12,982,608 for fiscal year 2026 shall be available to carry out section 5314, of which $6,578,592 for fiscal year 2022, $6,716,026 for fiscal year 2023, $6,891,389 for fiscal year 2024, $7,033,749 for fiscal year 2025, and $7,212,560 for fiscal year 2026 shall be available for the national transit institute under section 5314(c);
“(I) $5,000,000 for fiscal year 2022, $5,104,455 for fiscal year 2023, $5,237,739 for fiscal year 2024, $5,345,938 for fiscal year 2025, and $5,481,842 for fiscal year 2026 shall be available for bus testing under section 5318;
“(J) $131,000,000 for fiscal year 2022, $134,930,000 for fiscal year 2023, $138,977,900 for fiscal year 2024, $143,147,237 for fiscal year 2025, and $147,441,654 for fiscal year 2026 shall be available to carry out section 5334;
“(K) $5,262,874 for fiscal year 2022, $5,372,820 for fiscal year 2023, $5,513,111 for fiscal year 2024, $5,626,999 for fiscal year 2025, and $5,770,048 for fiscal year 2026 shall be available to carry out section 5335;
“(L) $3,515,528,226 for fiscal year 2022, $3,587,778,037 for fiscal year 2023, $3,680,934,484 for fiscal year 2024, $3,755,675,417 for fiscal year 2025, and $3,850,496,668 for fiscal year 2026 shall be available to carry out section 5337, of which $300,000,000 for each of fiscal years 2022 through 2026 shall be available to carry out section 5337(f);
“(M) $603,992,657 for fiscal year 2022, $616,610,699 for fiscal year 2023, $632,711,140 for fiscal year 2024, $645,781,441 for fiscal year 2025, and $662,198,464 for fiscal year 2026 shall be available for the bus and buses facilities program under section 5339(a);
“(N) $447,257,433 for fiscal year 2022, $456,601,111 for fiscal year 2023, $468,523,511 for fiscal year 2024, $478,202,088 for fiscal year 2025, and $490,358,916 for fiscal year 2026 shall be available for buses and bus facilities competitive grants under section 5339(b) and no or low emission grants under section 5339(c), of which $71,561,189 for fiscal year 2022, $73,056,178 for fiscal year 2023, $74,963,762 for fiscal year 2024, $76,512,334 for fiscal year 2025, and $78,457,427 for fiscal year 2026 shall be available to carry out section 5339(c); and
“(O) $741,042,792 for fiscal year 2022, $756,523,956 for fiscal year 2023, $776,277,698 for fiscal year 2024, $792,313,742 for fiscal year 2025, and $812,455,901 for fiscal year 2026, to carry out section 5340 to provide financial assistance for urbanized areas under section 5307 and rural areas under section 5311, of which—
“(b) Capital investment grants.—There are authorized to be appropriated to carry out section 5309 of this title and section 3005(b) of the Federal Public Transportation Act of 2015 (49 U.S.C. 5309 note; Public Law 114–94), $3,000,000,000 for each of fiscal years 2022 through 2026.
“(c) Oversight.—
“(1) IN GENERAL.—Of the amounts made available to carry out this chapter for a fiscal year, the Secretary may use not more than the following amounts for the activities described in paragraph (2):
“(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).
“(2) ACTIVITIES.—The activities described in this paragraph are as follows:
“(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.
“(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.
Section 5339 of title 49, United States Code, is amended—
(1) in subsection (a)—
(A) in paragraph (5)(A)—
(B) by adding at the end the following:
“(10) MAXIMIZING USE OF FUNDS.—
“(A) IN GENERAL.—Eligible recipients and subrecipients under this subsection should, to the extent practicable, seek to utilize the procurement tools authorized under section 3019 of the FAST Act (49 U.S.C. 5325 note; Public Law 114–94).
“(B) WRITTEN EXPLANATION.—If an eligible recipient or subrecipient under this subsection purchases less than 5 buses through a standalone procurement, the eligible recipient or subrecipient shall provide to the Secretary a written explanation regarding why the tools authorized under section 3019 of the FAST Act (49 U.S.C. 5325 note; Public Law 114–94) were not utilized.”;
(2) in subsection (b)—
(A) by striking paragraph (5) and inserting the following:
(B) by adding at the end the following:
“(9) COMPETITIVE PROCESS.—The Secretary shall—
“(10) CONTINUED USE OF PARTNERSHIPS.—
“(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)—
(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;
“(iv) includes an evaluation of existing and future facilities and their relationship to the technology transition;
“(v) describes the partnership of the applicant with the utility or alternative fuel provider of the applicant; and
“(vi) examines the impact of the transition on the applicant's current workforce by identifying skill gaps, training needs, and retraining needs of the existing workers of the applicant to operate and maintain zero emission vehicles and related infrastructure and avoids the displacement of the existing workforce.”;
(B) by striking paragraph (5) and inserting the following:
“(5) CONSIDERATION.—In awarding grants under this subsection, the Secretary—
“(A) shall consider eligible projects relating to the acquisition or leasing of low or no emission buses or bus facilities that make greater reductions in energy consumption and harmful emissions, including direct carbon emissions, than comparable standard buses or other low or no emission buses; and
(C) by adding at the end the following:
(4) by adding at the end the following:
“(d) Workforce development training activities.—5 percent of grants related to zero emissions vehicles (as defined in subsection (c)(1)) or related infrastructure under subsection (b) or (c) shall be used by recipients to fund workforce development training, as described in section 5314(b)(2) (including registered apprenticeships and other labor-management training programs) under the recipient's plan to address the impact of the transition to zero emission vehicles on the applicant's current workforce under subsection (c)(3)(D), unless the recipient certifies a smaller percentage is necessary to carry out that plan.”.
(a) Definitions.—In this section:
(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—
(b) Reauthorization of capital and preventive maintenance grants to Washington Metropolitan Area Transit Authority.—Section 601(f) of the Passenger Rail Investment and Improvement Act of 2008 (division B of Public Law 110–432; 122 Stat. 4970) is amended by striking “an aggregate amount” and all that follows through the period at the end and inserting “$150,000,000 for each of fiscal years 2022 through 2030.”.
(c) Funds for Washington Metropolitan Area Transit Authority's inspector general.—Title VI of the Passenger Rail Investment and Improvement Act of 2008 (division B of Public Law 110–432; 122 Stat. 4968) is amended by adding at the end the following:
“SEC. 602. Funding for Inspector General.
“(a) Definitions.—In this section:
“(b) Funding for Office of Inspector General of the Washington Metropolitan Area Transit Authority.—Subject to subsection (c), of the amounts authorized to be appropriated for a fiscal year under section 601(f), the Secretary shall use $5,000,000 for grants to the Transit Authority for use exclusively by the Office of Inspector General of the Transit Authority for the operations of the Office in accordance with Section 9 of Article III of the Compact, to remain available until expended.
“(c) Matching Inspector General funds required from Transit Authority.—The Secretary may not provide any amounts to the Transit Authority for a fiscal year under subsection (b) until the Transit Authority notifies the Secretary that the Transit Authority has made available $5,000,000 in non-Federal funds for that fiscal year for use exclusively by the Office of Inspector General of the Transit Authority for the operations of the Office in accordance with Section 9 of Article III of the Compact.”.
(d) Reforms to office of inspector general.—
(1) SENSE OF CONGRESS.—Congress recognizes the importance of the Transit Authority having a strong and independent Office of Inspector General, as codified in subsections (a) and (d) of Section 9 of Article III of the Compact.
(2) REFORMS.—The Secretary of Transportation may not provide any amounts to the Transit Authority under section 601(f) of the Passenger Rail Investment and Improvement Act of 2008 (division B of Public Law 110–432; 122 Stat. 4968) (as amended by subsection (b)), until the Secretary of Transportation certifies that the Board has passed a resolution that—
(A) provides that, for each fiscal year, the Office of Inspector General shall transmit a budget estimate and request to the Board specifying the aggregate amount of funds requested for the fiscal year for the operations of the Office of Inspector General;
(B) delegates to the Inspector General, to the extent possible under the Compact and in accordance with each applicable Federal law or regulation, contracting officer authority, subject to the requirement that the Inspector General exercise that authority—
(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—
(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
(E) requires the Inspector General to—
(i) post any report containing a recommendation for corrective action to the website of the Office of Inspector General not later than 3 days after the report is submitted in final form to the Board, except that—
(II) with respect to any investigative findings in a case involving administrative misconduct, whether included in a recommendation or otherwise, the Inspector General shall publish only a summary of the findings, which summary shall be redacted in accordance with the procedures set forth in subclause (I);
(ii) submit a semiannual report containing recommendations of corrective action to the Board, which the Board shall transmit not later than 30 days after receipt of the report, together with any comments the Board determines appropriate, to—
(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;
(II) contains—
(aa) an assessment of the effective use of the funding described in subclause (I) to address major capital improvement projects;
(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—
(B) a transit asset management planning process that includes —
(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
(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—
(f) Sense of congress.—It is the sense of Congress that the Transit Authority should—
(g) Additional reporting.—
(1) IN GENERAL.—Not later than 3 years after the date of enactment of this Act, the Comptroller General of the United States shall submit to the congressional committees described in paragraph (2) a report that—
In this division:
(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).
(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.
(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)).
(b) Establishment of program.—Not later than 180 days after the date of enactment of this Act, the Secretary shall establish a program under which the Secretary shall make grants to eligible entities, States, and Indian Tribes in accordance with this section.
(c) Grants to eligible entities.—
(1) IN GENERAL.—The Secretary may make a grant under the program to an eligible entity to carry out activities that—
(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.
(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).
(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:
(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) 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.
(4) OVERSIGHT.—The Secretary shall ensure that each grant provided to a State or Indian Tribe under the program is allocated, pursuant to the applicable plan of the State or Indian Tribe, to eligible entities for projects within the State or on the land of the Indian Tribe.
(5) PRIORITY.—In making grants to eligible entities using funds made available to the applicable State or Indian Tribe under the program, the State or Indian Tribe shall give priority to projects that, in the determination of the State or Indian Tribe, will generate the greatest community benefit (whether rural or urban) in reducing the likelihood and consequences of disruptive events.
(6) SMALL UTILITIES SET ASIDE.—A State or Indian Tribe receiving a grant under the program shall ensure that, of the amounts made available to eligible entities from funds made available to the State or Indian Tribe under the program, the percentage made available to eligible entities that sell not more than 4,000,000 megawatt hours of electricity per year is not less than the percentage of all customers in the State or Indian Tribe that are served by those eligible entities.
(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—
(F) the relocation of power lines or the reconductoring of power lines with low-sag, advanced conductors;
(2) PROHIBITIONS AND LIMITATIONS.—
(A) IN GENERAL.—A grant awarded to an eligible entity under the program may not be used for—
(f) Distribution of funding.—Of the amounts made available to carry out the program for a fiscal year, the Secretary shall ensure that—
(g) Technical and other assistance.—
(h) Matching requirement.—
(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.
Section 404(f)(12) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170c(f)(12)) is amended—
(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.—
(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—
(4) APPLICATIONS.—To be eligible to receive Federal financial assistance under the program, an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including a description of—
(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.
(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—
(d) Energy infrastructure resilience framework.—
(1) IN GENERAL.—The Secretary, in collaboration with the Secretary of Homeland Security, the Federal Energy Regulatory Commission, the North American Electric Reliability Corporation, and interested energy infrastructure stakeholders, shall develop common analytical frameworks, tools, metrics, and data to assess the resilience, reliability, safety, and security of energy infrastructure in the United States, including by developing and storing an inventory of easily transported high-voltage recovery transformers and other required equipment.
(2) ASSESSMENT AND REPORT.—
(A) ASSESSMENT.—The Secretary shall carry out an assessment of—
(i) with respect to the inventory of high-voltage recovery transformers, new transformers, and other equipment proposed to be developed and stored under paragraph (1)—
(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).
(a) Consideration of demand-Response standard.—
(1) IN GENERAL.—Section 111(d) of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2621(d)) is amended by adding at the end the following:
“(20) DEMAND-RESPONSE PRACTICES.—
“(A) IN GENERAL.—Each electric utility shall promote the use of demand-response and demand flexibility practices by commercial, residential, and industrial consumers to reduce electricity consumption during periods of unusually high demand.
“(B) RATE RECOVERY.—
“(i) IN GENERAL.—Each State regulatory authority shall consider establishing rate mechanisms allowing an electric utility with respect to which the State regulatory authority has ratemaking authority to timely recover the costs of promoting demand-response and demand flexibility practices in accordance with subparagraph (A).
(2) COMPLIANCE.—
(A) TIME LIMITATIONS.—Section 112(b) of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2622(b)) is amended by adding at the end the following:
“(7) (A) Not later than 1 year after the date of enactment of this paragraph, each State regulatory authority (with respect to each electric utility for which the State has ratemaking authority) and each nonregulated electric utility shall commence consideration under section 111, or set a hearing date for consideration, with respect to the standard established by paragraph (20) of section 111(d).
“(B) Not later than 2 years after the date of enactment of this paragraph, each State regulatory authority (with respect to each electric utility for which the State has ratemaking authority), and each nonregulated electric utility shall complete the consideration and make the determination under section 111 with respect to the standard established by paragraph (20) of section 111(d).”.
(B) FAILURE TO COMPLY.—
(i) IN GENERAL.—Section 112(c) of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2622(c)) is amended—
(I) by striking “such paragraph (14)” and all that follows through “paragraphs (16)” and inserting “such paragraph (14). In the case of the standard established by paragraph (15) of section 111(d), the reference contained in this subsection to the date of enactment of this Act shall be deemed to be a reference to the date of enactment of that paragraph (15). In the case of the standards established by paragraphs (16)”; and
(ii) TECHNICAL CORRECTION.—Paragraph (2) of section 1254(b) of the Energy Policy Act of 2005 (Public Law 109–58; 119 Stat. 971) is repealed and the amendment made by that paragraph (as in effect on the day before the date of enactment of this Act) is void, and section 112(d) of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2622(d)) shall be in effect as if that amendment had not been enacted.
(C) PRIOR STATE ACTIONS.—
(i) IN GENERAL.—Section 112 of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2622) is amended by adding at the end the following:
“(g) Prior State actions.—Subsections (b) and (c) shall not apply to the standard established by paragraph (20) of section 111(d) in the case of any electric utility in a State if, before the date of enactment of this subsection—
(ii) CROSS-REFERENCE.—Section 124 of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2634) is amended—
(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—
(c) Federal Energy Management Program.—Section 543(i) of the National Energy Conservation Policy Act (42 U.S.C. 8253(i)) is amended—
(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”.
(a) Designation of National Interest Electric Transmission Corridors.—Section 216(a) of the Federal Power Act (16 U.S.C. 824p(a)) is amended—
(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—
(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—
(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—
(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) 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—
(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)—
(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).
(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.—
(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—
(2) BORROWING AUTHORITY.—The Secretary of the Treasury may, without further appropriation and without fiscal year limitation, loan to the Secretary on such terms as may be fixed by the Secretary and the Secretary of the Treasury, such sums as, in the judgment of the Secretary, are from time to time required for the purpose of carrying out the program, not to exceed, in the aggregate (including deferred interest), $2,500,000,000 in outstanding repayable balances at any 1 time.
(3) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to the Secretary to carry out the program, including for any administrative expenses of carrying out the program that are not recovered under paragraph (4), $10,000,000 for each of fiscal years 2022 through 2026.
(4) COST RECOVERY.—
(A) IN GENERAL.—Except as provided in subparagraph (B), the cost of any facilitation activities carried out by the Secretary under subsection (e)(1) shall be collected—
(B) FORGIVENESS OF BALANCES.—
(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;
(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—
(4) TRANSMISSION MARKETING.—
(A) IN GENERAL.—If the Secretary has not terminated a capacity contract under paragraph (5) before the applicable eligible project enters into service, the Secretary may enter into 1 or more contracts with a third party to market the transmission capacity of the eligible project to which the Secretary holds rights under the capacity contract.
(B) RETURN.—Subject to subparagraph (D), the Secretary shall seek to ensure that any contract entered into under subparagraph (A) maximizes the financial return to the Federal Government.
(C) COMPETITIVE SOLICITATION.—The Secretary shall only select third parties for contracts under this paragraph through a competitive solicitation.
(D) REQUIREMENT.—The marketing of capacity pursuant to this subsection, including any marketing by a third party under subparagraph (A), shall be undertaken consistent with the requirements of the Federal Power Act (16 U.S.C. 791a et seq.).
(5) TERMINATION.—
(A) IN GENERAL.—The Secretary shall seek to terminate a capacity contract as soon as practicable after determining that sufficient transmission capacity of the eligible project has been secured by other entities to ensure the long-term financial viability of the eligible project, including through 1 or more transfers under subparagraph (B).
(B) TRANSFER.—On payment to the Secretary by a third party for transmission capacity to which the Secretary has rights under a capacity contract, the Secretary may transfer the rights to that transmission capacity to that third party.
(C) RELINQUISHMENT.—On payment to the Secretary by the applicable eligible entity for transmission capacity to which the Secretary has rights under a capacity contract, the Secretary may relinquish the rights to that transmission capacity to the eligible entity.
(D) REQUIREMENT.—A payment under subparagraph (B) or (C) shall be in an amount sufficient for the Secretary to recover any remaining costs incurred by the Secretary with respect to the quantity of transmission capacity affected by the transfer under subparagraph (B) or the relinquishment under subparagraph (C), as applicable.
(6) OTHER FEDERAL CAPACITY POSITIONS.—The existence of a capacity contract does not preclude a Federal entity, including a Federal power marketing administration, from otherwise securing transmission capacity at any time from an eligible project, to the extent that the Federal entity is authorized to secure that transmission capacity.
(7) FORM OF FINANCIAL ASSISTANCE.—Entering into a capacity contract under subsection (e)(1)(A) shall be considered a form of financial assistance described in section 1508.1(q)(1)(vii) of title 40, Code of Federal Regulations (as in effect on the date of enactment of this Act).
(8) TRANSMISSION PLANNING REGION CONSULTATION.—Prior to entering into a capacity contract under this subsection, the Secretary shall consult with the relevant transmission planning region regarding the transmission planning region’s identification of needs, and the Secretary shall minimize, to the extent possible, duplication or conflict with the transmission planning region’s needs determination and selection of projects that meet such needs.
(g) Interest rate on loans.—The rate of interest to be charged in connection with any loan made by the Secretary to an eligible entity under subsection (e)(1)(B) shall be fixed by the Secretary, taking into consideration market yields on outstanding marketable obligations of the United States of comparable maturities as of the date of the loan.
(h) Public-private partnerships.—The Secretary may participate with an eligible entity with respect to an eligible project under subsection (e)(1)(C) if the Secretary determines that the eligible project—
(1) (A) is located in an area designated as a national interest electric transmission corridor pursuant to section 216(a) of the Federal Power Act 16 U.S.C. 824p(a); or
(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
(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—
(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
(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—
(4) EFFECT ON ANCILLARY SERVICES AUTHORITY AND OBLIGATIONS.—Nothing in this section confers on the Secretary or any Federal power marketing administration any additional authority or obligation to provide ancillary services to users of transmission facilities constructed or upgraded under this section.
(5) EFFECT ON WESTERN AREA POWER ADMINISTRATION PROJECTS.—Nothing in this section affects—
(A) any pending project application before the Western Area Power Administration under section 301 of the Hoover Power Plant Act of 1984 (42 U.S.C. 16421a); or
(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—
(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—
(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”;
(C) by inserting after paragraph (8) the following:
“(9) In the case of data analytics that enable software to engage in Smart Grid functions, the documented purchase costs of the data analytics.
“(10) In the case of buildings, the documented expenses for devices and software, including for installation, that allow buildings to engage in demand flexibility or Smart Grid functions.
“(11) In the case of utility communications, operational fiber and wireless broadband communications networks to enable data flow between distribution system components.
“(12) In the case of advanced transmission technologies such as dynamic line rating, flow control devices, advanced conductors, network topology optimization, or other hardware, software, and associated protocols applied to existing transmission facilities that increase the operational transfer capacity of a transmission network, the documented expenditures to purchase and install those advanced transmission technologies.
(2) in subsection (d)—
(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.
(b) Authorization of appropriations.—There is authorized to be appropriated to the Secretary to carry out the Smart Grid Investment Matching Grant Program established under section 1306(a) of the Energy Independence and Security Act of 2007 (42 U.S.C. 17386(a)) $3,000,000,000 for fiscal year 2022, to remain available through September 30, 2026.
(a) In general.—Part D of title III of the Energy Policy and Conservation Act (42 U.S.C. 6321 et seq.) is amended—
(1) in section 361—
(A) by striking the section designation and heading and all that follows through “The Congress” and inserting the following:
(2) in section 366—
(3) by moving paragraphs (1) through (8) of section 366 (as so redesignated) so as to appear after subsection (c) of section 361 (as designated by paragraph (1)(C)); and
(4) by amending section 366 to read as follows:
“SEC. 366. State energy security plans.
“(a) Definitions.—In this section:
“(1) BULK-POWER SYSTEM.—The term ‘bulk-power system’ has the meaning given the term in section 215(a) of the Federal Power Act (16 U.S.C. 824o(a)).
“(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—
“(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;
“(c) Contents of plan.—A State energy security plan shall—
“(2) provide a State energy profile, including an assessment of energy production, transmission, distribution, and end-use;
“(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—
“(e) Financial assistance.—A State is not eligible to receive Federal financial assistance under this part for any purpose for a fiscal year unless the Governor of the State submits to the Secretary, with respect to that fiscal year—
“(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—
(b) Clerical amendments.—The table of contents of the Energy Policy and Conservation Act (Public Law 94–163; 89 Stat. 872) is amended—
(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—
(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”.
(a) Collaborative transmission siting.—Section 362(c) of the Energy Policy and Conservation Act (42 U.S.C. 6322(c)) is amended—
(b) State energy conservation plans.—Section 362(d) of the Energy Policy and Conservation Act (42 U.S.C. 6322(d)) is amended by striking paragraph (3) and inserting the following:
“(3) programs to increase transportation energy efficiency, including programs to help reduce carbon emissions in the transportation sector by 2050 and accelerate the use of alternative transportation fuels for, and the electrification of, State government vehicles, fleet vehicles, taxis and ridesharing services, mass transit, school buses, ferries, and privately owned passenger and medium- and heavy-duty vehicles;”.
(c) Authorization of appropriations for State energy program.—Section 365 of the Energy Policy and Conservation Act (42 U.S.C. 6325) is amended by striking subsection (f) and inserting the following:
“(f) Authorization of appropriations.—
“(1) IN GENERAL.—There is authorized to be appropriated to carry out this part $500,000,000 for the period of fiscal years 2022 through 2026.
“(2) DISTRIBUTION.—Amounts made available under paragraph (1)—
“(A) shall be distributed to the States in accordance with the applicable distribution formula in effect on January 1, 2021; and
“(B) shall not be subject to the matching requirement described in the first proviso of the matter under the heading ‘energy conservation’ under the heading ‘Department of Energy’ in title II of the Department of the Interior and Related Agencies Appropriations Act, 1985 (42 U.S.C. 6323a).”.
(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.
(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) In general.—The Secretary shall conduct a study of types and commercial applications of codes and standards applied to—
(b) Purposes.—The purposes of the study conducted under subsection (a) shall be—
Section 3201(c) of the Energy Act of 2020 (42 U.S.C. 17232(c)) is amended—
(3) by inserting after paragraph (2) the following:
“(3) DEMONSTRATION OF ELECTRIC VEHICLE BATTERY SECOND-LIFE APPLICATIONS FOR GRID SERVICES.—
“(A) IN GENERAL.—The Secretary shall enter into an agreement to carry out a project to demonstrate second-life applications of electric vehicle batteries as aggregated energy storage installations to provide services to the electric grid.
“(B) PURPOSES.—The purposes of the project under subparagraph (A) shall be—
“(i) to demonstrate power safety and the reliability of the applications demonstrated under the program;
“(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.”.
(a) Definitions.—In this section:
(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.
(c) Increased Hydroelectric Capacity.—
(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.
(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;
(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—
(c) Report on cybersecurity of distribution systems.—Not later than 1 year after the date of enactment of this Act, the Secretary, in coordination with the Secretary of Homeland Security and in consultation with, as the Secretary determines to be appropriate, the heads of other Federal agencies, State regulatory authorities, and industry stakeholders, shall submit to Congress a report that assesses—
(1) priorities, policies, procedures, and actions for enhancing the physical security and cybersecurity of electricity distribution systems, including behind-the-meter generation, storage, and load management devices, to address threats to, and vulnerabilities of, electricity distribution systems; and
(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)).
(b) Establishment.—The Secretary, in coordination with the Secretary of Homeland Security and in consultation with the heads of other relevant Federal agencies, shall establish a voluntary Energy Cyber Sense program to test the cybersecurity of products and technologies intended for use in the energy sector, including in the bulk-power system.
(c) Program requirements.—In carrying out subsection (b), the Secretary, in coordination with the Secretary of Homeland Security and in consultation with the heads of other relevant Federal agencies, shall—
(1) establish a testing process under the program to test the cybersecurity of products and technologies intended for use in the energy sector, including products relating to industrial control systems and operational technologies, such as supervisory control and data acquisition systems;
(2) for products and technologies tested under the program, establish and maintain cybersecurity vulnerability reporting processes and a related database that are integrated with Federal vulnerability coordination processes;
(3) provide technical assistance to electric utilities, product manufacturers, and other energy sector stakeholders to develop solutions to mitigate identified cybersecurity vulnerabilities in products and technologies tested under the program;
(4) biennially review products and technologies tested under the program for cybersecurity vulnerabilities and provide analysis with respect to how those products and technologies respond to and mitigate cyber threats;
(5) develop guidance that is informed by analysis and testing results under the program for electric utilities and other components of the energy sector for the procurement of products and technologies;
(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—
Part II of the Federal Power Act is amended by inserting after section 219 (16 U.S.C. 824s) the following:
“SEC. 219A. Incentives for cybersecurity investments.
“(a) Definitions.—In this section:
“(1) ADVANCED CYBERSECURITY TECHNOLOGY.—The term ‘advanced cybersecurity technology’ means any technology, operational capability, or service, including computer hardware, software, or a related asset, that enhances the security posture of public utilities through improvements in the ability to protect against, detect, respond to, or recover from a cybersecurity threat (as defined in section 102 of the Cybersecurity Act of 2015 (6 U.S.C. 1501)).
“(b) Study.—Not later than 180 days after the date of enactment of this section, the Commission, in consultation with the Secretary of Energy, the North American Electric Reliability Corporation, the Electricity Subsector Coordinating Council, and the National Association of Regulatory Utility Commissioners, shall conduct a study to identify incentive-based, including performance-based, rate treatments for the transmission and sale of electric energy subject to the jurisdiction of the Commission that could be used to encourage—
“(c) Incentive-Based rate treatment.—Not later than 1 year after the completion of the study under subsection (b), the Commission shall establish, by rule, incentive-based, including performance-based, rate treatments for the transmission of electric energy in interstate commerce and the sale of electric energy at wholesale in interstate commerce by public utilities for the purpose of benefitting consumers by encouraging—
“(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—
“(e) Ratepayer protection.—
“(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.
(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—
(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;
(b) Establishment.—Not later than 180 days after the date of enactment of this Act, the Secretary, in coordination with the Secretary of Homeland Security and in consultation with the Federal Energy Regulatory Commission, the North American Electric Reliability Corporation, and the Electricity Subsector Coordinating Council, shall establish a program, to be known as the “Rural and Municipal Utility Advanced Cybersecurity Grant and Technical Assistance Program”, to provide grants and technical assistance to, and enter into cooperative agreements with, eligible entities to protect against, detect, respond to, and recover from cybersecurity threats.
(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;
(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—
(C) owns defense critical electric infrastructure (as defined in section 215A(a) of the Federal Power Act (16 U.S.C. 824o–1(a))).
(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).
(b) Cybersecurity for the energy sector research, development, and demonstration program.—
(1) IN GENERAL.—The Secretary, in coordination with the Secretary of Homeland Security and in consultation with, as determined appropriate, other Federal agencies, the energy sector, the States, Indian Tribes, Tribal organizations, territories or freely associated states, and other stakeholders, shall develop and carry out a program—
(A) to develop advanced cybersecurity applications and technologies for the energy sector—
(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) Energy sector operational support for cyberresilience program.—
(1) IN GENERAL.—The Secretary may develop and carry out a program—
(B) to expand cooperation of the Department with the intelligence community for energy sector-related threat collection and analysis;
(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—
(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;
(D) conduct exercises and assessments to identify and mitigate vulnerabilities to the electric grid, including providing mitigation recommendations;
(a) In general.—The Secretary may require, as the Secretary determines appropriate, a recipient of any award or other funding under this division—
(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—
(2) will perform ongoing evaluation of cybersecurity risks to address issues as the issues arise throughout the life of the proposed solution;
(c) Additional guidance.—Each recipient described in subsection (a) should—
(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.
Nothing in this subtitle affects the authority, existing on the day before the date of enactment of this Act, of any other Federal department or agency, including the authority provided to the Secretary of Homeland Security and the Director of the Cybersecurity and Infrastructure Security Agency in title XXII of the Homeland Security Act of 2002 (6 U.S.C. 651 et seq.).
(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—
(d) Cooperative agreements.—
(e) Comprehensive mapping modernization.—
(1) IN GENERAL.—Not later than 10 years after the date of enactment of this Act, the Initiative shall complete an initial comprehensive national modern surface and subsurface mapping and data integration effort.
(2) APPROACH.—In carrying out paragraph (1) with regard to minerals, mineralization, and mineral deposits, the Initiative shall focus on the full range of minerals, using a whole ore body approach rather than a single commodity approach, to emphasize all of the recoverable critical minerals in a given surface or subsurface deposit.
(3) PRIORITY.—In carrying out paragraph (1) with regard to minerals, mineralization, and mineral deposits, the Initiative shall prioritize mapping and assessing critical minerals.
(4) INCLUSIONS.—In carrying out paragraph (1), the Initiative shall also—
(A) map and collect data for areas containing mine waste to increase understanding of above-ground critical mineral resources in previously disturbed areas; and
(B) provide for analysis of samples, including samples within the National Geological and Geophysical Data Preservation Program established under section 351(b) of the Energy Policy Act of 2005 (42 U.S.C. 15908(b)) for the occurrence of critical minerals.
(f) Availability.—The Initiative shall make the geospatial data and metadata gathered by the Initiative under subsection (e)(1) electronically publicly accessible on an ongoing basis.
(g) Integration of data sources.—The Initiative shall integrate data sources, including data from—
(1) the National Cooperative Geologic Mapping Program established by section 4(a)(1) of the National Geologic Mapping Act of 1992 (43 U.S.C. 31c(a)(1));
(2) the National Geological and Geophysical Data Preservation Program established under section 351(b) of the Energy Policy Act of 2005 (42 U.S.C. 15908(b));
(4) the 3D Elevation Program established under section 5(a) of the National Landslide Preparedness Act (43 U.S.C. 3104(a)); and
(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”.
Section 351(b) of the Energy Policy Act of 2005 (42 U.S.C. 15908(b)) is amended—
(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.”.
(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—
(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.
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,”;
(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.
(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;
(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;
(4) ensuring transparency and accountability by using cost-effective information technology to collect and disseminate information regarding individual projects and agency performance;
(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;
(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—
(e) Performance metric.—Not later than 90 days after the date of submission of the report under subsection (d), and after providing public notice and an opportunity to comment, the Secretaries, using as a baseline the period of time quantified under paragraph (3) of that subsection, shall develop and publish a performance metric for evaluating the progress made by the Executive branch to expedite the permitting of activities that will increase exploration for, and development of, domestic critical minerals, while maintaining environmental standards.
(f) Annual reports.—Not later than the date on which the President submits the first budget of the President under section 1105 of title 31, United States Code, after publication of the performance metric required under subsection (e), and annually thereafter, the Secretaries shall submit to Congress a report that—
(1) summarizes the implementation of recommendations, measures, and options identified in paragraphs (1) and (2) of subsection (d);
(2) using the performance metric developed under subsection (e), describes progress made by the Executive branch, as compared to the baseline developed pursuant to subsection (d)(3), in expediting the permitting of activities that will increase exploration for, and development of, domestic critical minerals; and
(g) Individual projects.—Each year, using data contained in the reports submitted under subsection (f), the Director of the Office of Management and Budget shall prioritize inclusion of individual critical mineral projects on the website operated by the Office of Management and Budget in accordance with section 1122 of title 31, United States Code.
(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.
(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”);
(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
(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.
(b) Battery material processing grants.—
(1) IN GENERAL.—Not later than 180 days after the date of enactment of this Act, the Secretary shall establish within the Office of Fossil Energy a program, to be known as the “Battery Material Processing Grant Program” (referred to in this subsection as the “program”), under which the Secretary shall award grants in accordance with this subsection.
(2) PURPOSES.—The purposes of the program are—
(A) to ensure that the United States has a viable battery materials processing industry to supply the North American battery supply chain;
(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;
(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);
(C) PRIORITY; CONSIDERATION.—In awarding grants to eligible entities under the program, the Secretary shall—
(c) Battery manufacturing and recycling grants.—
(1) IN GENERAL.—Not later than 180 days after the date of enactment of this Act, the Secretary shall establish within the Office of Energy Efficiency and Renewable Energy a battery manufacturing and recycling grant program (referred to in this subsection as the “program”).
(2) PURPOSE.—The purpose of the program is to ensure that the United States has a viable domestic manufacturing and recycling capability to support and sustain a North American battery supply chain.
(3) GRANTS.—
(A) IN GENERAL.—Under the program, the Secretary shall award grants to eligible entities—
(i) to carry out 1 or more demonstration projects for advanced battery component manufacturing, advanced battery manufacturing, and recycling;
(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);
(C) PRIORITY; CONSIDERATION.—In awarding grants to eligible entities under the program, the Secretary shall—
(i) give priority to an eligible entity that—
(ii) take into consideration whether a project—
(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;
(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—
(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.
(f) Battery and critical mineral recycling.—
(1) DEFINITIONS.—In this subsection:
(A) ADMINISTRATOR.—The term “Administrator” means the Administrator of the Environmental Protection Agency.
(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:
(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.
(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.—
(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—
(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;
(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;
(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;
(B) ELIGIBLE ENTITIES.—The Secretary, in coordination with the Administrator, may award a grant under subparagraph (A) to—
(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).
(4) RETAILERS AS COLLECTION POINTS.—
(A) IN GENERAL.—The Secretary shall award grants, on a competitive basis, to retailers that sell covered batteries or covered battery-containing products to establish and implement a system for the acceptance and collection of covered batteries and covered battery-containing products, as applicable, for reuse, recycling, or proper disposal.
(5) TASK FORCE ON PRODUCER RESPONSIBILITIES.—
(A) IN GENERAL.—The Secretary, in coordination with the Administrator, shall convene a task force to develop an extended battery producer responsibility framework that—
(i) addresses battery recycling goals, cost structures for mandatory recycling, reporting requirements, product design, collection models, and transportation of collected materials;
(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—
(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.).
Section 641 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17231) is amended—
(1) by striking subsection (k) and inserting the following:
“(k) Electric drive vehicle battery second-Life applications and recycling.—
“(1) DEFINITIONS.—In this subsection:
“(A) BATTERY RECYCLING AND SECOND-LIFE APPLICATIONS PROGRAM.—The term ‘battery recycling and second-life applications program’ means the electric drive vehicle battery recycling and second-life applications program established under paragraph (3).
“(B) CRITICAL MATERIAL.—The term ‘critical material’ has the meaning given the term in section 7002(a) of the Energy Act of 2020 (30 U.S.C. 1606(a)).
“(C) ECONOMICALLY DISTRESSED AREA.—The term ‘economically distressed area’ means an area described in section 301(a) of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3161(a)).
“(D) ELECTRIC DRIVE VEHICLE BATTERY.—The term ‘electric drive vehicle battery’ means any battery that is a motive power source for an electric drive vehicle.
“(E) ELIGIBLE ENTITY.—The term ‘eligible entity’ means an entity described in any of paragraphs (1) through (5) of section 989(b) of the Energy Policy Act of 2005 (42 U.S.C. 16353(b)).
“(2) PROGRAM.—The Secretary shall carry out a program of research, development, and demonstration of—
“(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—
“(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.
“(C) TARGETS.—In carrying out the battery recycling and second-life applications program, the Secretary shall address near-term (up to 2 years), mid-term (up to 5 years), and long-term (up to 10 years) challenges to the recycling of electric drive vehicle batteries.
“(D) GRANTS.—
“(i) IN GENERAL.—In carrying out the battery recycling and second-life applications program, the Secretary shall award multiyear grants on a competitive, merit-reviewed basis to eligible entities—
“(I) to conduct research, development, testing, and evaluation of solutions to increase the rate and productivity of electric drive vehicle battery recycling; and
“(II) for research, development, and demonstration projects to create innovative and practical approaches to increase the recycling and second-use of electric drive vehicle batteries, including by addressing—
“(aa) technology to increase the efficiency of electric drive vehicle battery recycling and maximize the recovery of critical materials for use in new products;
“(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;
“(ii) PRIORITY.—In awarding grants under clause (i), the Secretary shall give priority to projects that—
“(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;
“(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;
“(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;
“(IV) opportunities and barriers in electric drive vehicle battery supply chains in the United States and internationally, including with allies and trading partners;
“(V) opportunities for job creation in the electric drive vehicle battery recycling and manufacturing fields and the necessary skills employees must acquire for growth of those fields in the United States;
“(VI) policy recommendations for enhancing electric drive vehicle battery manufacturing and recycling in the United States;
“(VII) any recommendations for lowering logistics costs and creating better coordination and efficiency with respect to the removal, collection, transportation, storage, and disassembly of electric drive vehicle batteries;
“(VIII) any recommendations for areas of coordination with other Federal agencies to improve electric drive vehicle battery recycling rates in the United States;
“(G) EVALUATION.—Not later than 3 years after the date on which the report under subparagraph (F)(ii) is submitted, and every 4 years thereafter, the Secretary shall conduct, and make available to the public and the relevant committees of Congress, an independent review of the progress of the grants awarded under subparagraph (D) in meeting the recommendations and targets included in the report.”; and
(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;
(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;
(2) COVERED CENSUS TRACT.—The term “covered census tract” means a census tract—
(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—
(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
(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
(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—
(2) LOCATION.—If the Secretary determines that an eligible entity awarded a grant under the Program has carried out the applicable qualifying advanced energy project at a location that is materially different from the location specified in the application for the grant, the eligible entity shall be required to return the grant funds to the Secretary.
(e) Technical Assistance.—
(1) IN GENERAL.—Not later than 180 days after the date of enactment of this Act, the Secretary shall provide technical assistance on a selective basis to eligible entities that are seeking a grant under the Program to enhance the impact of the qualifying advanced energy project to be carried out using the grant with respect to the selection criteria described in subsection (c)(2)(A).
(2) APPLICATIONS.—An eligible entity desiring technical assistance under paragraph (1) shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require.
(3) FACTORS FOR CONSIDERATION.—In selecting eligible entities for technical assistance under paragraph (1), the Secretary shall give higher priority to eligible entities that propose a qualifying advanced energy project that has greater potential for enhancement of the impact of the project with respect to the selection criteria described in subsection (c)(2)(A).
(f) Publication of grants.—The Secretary shall make publicly available the identity of each eligible entity awarded a grant under the Program and the amount of the grant.
(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.
(4) END-TO-END.—The term “end-to-end”, with respect to the integration of mining or life cycle of minerals, means the integrated approach of, or the lifecycle determined by, examining the research and developmental process from the mining of the raw minerals to its processing into useful materials, its integration into components and devices, the utilization of such devices in the end-use application to satisfy certain performance metrics, and the recycling or disposal of such devices.
(5) FOREIGN ENTITY OF CONCERN.—The term “foreign entity of concern” means a foreign entity that is—
(A) designated as a foreign terrorist organization by the Secretary of State under section 219(a) of the Immigration and Nationality Act (8 U.S.C. 1189(a));
(B) included on the list of specially designated nationals and blocked persons maintained by the Office of Foreign Assets Control of the Department of the Treasury (commonly known as the SDN list);
(C) owned by, controlled by, or subject to the jurisdiction or direction of a government of a foreign country that is a covered nation (as defined in section 2533c(d) of title 10, United States Code);
(D) alleged by the Attorney General to have been involved in activities for which a conviction was obtained under—
(i) chapter 37 of title 18, United States Code (commonly known as the “Espionage Act”);
(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
(7) INSTITUTION OF HIGHER EDUCATION.—The term “institution of higher education” has the meaning given the term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001).
(8) NATIONAL LABORATORY.—The term “National Laboratory” has the meaning given the term in section 2 of the Energy Policy Act of 2005 (42 U.S.C. 15801).
(9) RECYCLING.—The term “recycling” means the process of collecting and processing spent materials and devices and turning the materials and devices into raw materials or components that can be reused either partially or completely.
(10) SECONDARY RECOVERY.—The term “secondary recovery” means the recovery of critical minerals and metals from discarded end-use products or from waste products produced during the metal refining and manufacturing process, including from mine waste piles, acid mine drainage sludge, or byproducts produced through legacy mining and metallurgy activities.
(b) Critical minerals mining and recycling research and development.—
(1) IN GENERAL.—In order to support supply chain resiliency, the Secretary, in coordination with the Director, shall issue awards, on a competitive basis, to eligible entities described in paragraph (2) to support basic research that will accelerate innovation to advance critical minerals mining, recycling, and reclamation strategies and technologies for the purposes of—
(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—
(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;
(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;
(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;
(D) to provide recommendations on coordination and collaboration among the research, development, and deployment programs and activities of Federal agencies to promote a secure and reliable supply of critical minerals necessary to maintain national security, economic well-being, and industrial production.
(3) RESPONSIBILITIES.—In carrying out paragraphs (1) and (2), the Subcommittee may, taking into account the findings and recommendations of relevant advisory committees—
(A) provide recommendations on how Federal agencies may improve the topographic, geologic, and geophysical mapping of the United States and improve the discoverability, accessibility, and usability of the resulting and existing data, to the extent permitted by law and subject to appropriate limitation for purposes of privacy and security;
(B) assess the progress toward developing critical minerals recycling and reprocessing technologies;
(C) assess the end-to-end lifecycle of critical minerals, including for mining, usage, recycling, and end-use material and technology requirements;
(D) examine, and provide recommendations for, options for accessing and developing critical minerals through investment and trade with allies and partners of the United States;
(E) evaluate and provide recommendations to incentivize the development and use of advances in science and technology in the private industry;
(F) assess the need for, and make recommendations to address, the challenges the United States critical minerals supply chain workforce faces, including—
(G) develop, and update as necessary, a strategic plan to guide Federal programs and activities to enhance—
(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—
(3) ECONOMIC VIABILITY.—In awarding grants under paragraph (1), the Secretary shall give priority to projects that the Secretary determines are likely to be economically viable over the long term.
(4) SECONDARY RECOVERY.—In awarding grants under paragraph (1), the Secretary shall seek to award not less than 30 percent of the total amount of grants awarded during the fiscal year for projects relating to secondary recovery of critical minerals and metals.
(5) DOMESTIC PRIORITY.—In awarding grants for the development of critical minerals and metals under paragraph (1)(B), the Secretary shall prioritize pilot projects that will process the critical minerals and metals domestically.
(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—
(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;
(b) Membership.—
(1) IN GENERAL.—The Board shall be composed of not fewer than 10 and not more than 15 members, with the initial members of the Board to be appointed by the Secretary not later than 1 year after the date of enactment of this Act.
(2) REQUIREMENT.—The Board shall include not fewer than 1 representative of a labor organization with significant energy experience who has been nominated by a national labor federation.
(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;
(2) REQUIRED ANALYSIS.—In developing the strategy required under subsection (a), the Board shall analyze the effectiveness of—
(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)—
(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—
(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—
(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;
Congress finds that—
(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;
(5) carbon capture, removal, and utilization technologies require a backbone system of shared carbon dioxide transport and storage infrastructure to enable large-scale deployment, realize economies of scale, and create an interconnected carbon management market;
(6) carbon dioxide transport infrastructure and permanent geological storage are proven and safe technologies with existing Federal and State regulatory frameworks;
(7) carbon dioxide transport and storage infrastructure share similar barriers to deployment previously faced by other types of critical national infrastructure, such as high capital costs and chicken-and-egg challenges, that require Federal and State support, in combination with private investment, to be overcome; and
Section 969A of the Energy Policy Act of 2005 (42 U.S.C. 16298a) is amended—
(2) in subsection (b)—
(B) by inserting after paragraph (1) the following:
“(2) GRANT PROGRAM.—
“(A) IN GENERAL.—Not later than 1 year after the date of enactment of the Infrastructure Investment and Jobs Act, the Secretary shall establish a program to provide grants to eligible entities to use in accordance with subparagraph (D).
“(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.
Section 962 of the Energy Policy Act of 2005 (42 U.S.C. 16292) is amended—
(1) in subsection (b)(2)—
(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:
“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—
“(3) CONTINGENT COMMITMENT.—The term ‘contingent commitment’ means a commitment to obligate funds from future available budget authority that is—
“(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;
“(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—
“(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—
“(C) would—
“(i) make a contingent commitment of a Federal credit instrument or grant at a future date, subject to—
“(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—
“(10) OBLIGOR.—The term ‘obligor’ means a corporation, partnership, joint venture, trust, non-Federal governmental entity, agency, or instrumentality, or other entity that is liable for payment of the principal of, or interest on, a Federal credit instrument.
“(11) PRODUCED IN THE UNITED STATES.—The term ‘produced in the United States’, with respect to iron and steel, means that all manufacturing processes for the iron and steel, including the application of any coating, occurs within the United States.
“(12) PROJECT.—The term ‘project’ means a project for common carrier carbon dioxide transportation infrastructure or associated equipment, including pipeline, shipping, rail, or other transportation infrastructure and associated equipment, that will transport or handle carbon dioxide captured from anthropogenic sources or ambient air, as the Secretary determines to be appropriate.
“(13) PROJECT OBLIGATION.—The term ‘project obligation’ means any note, bond, debenture, or other debt obligation issued by an obligor in connection with the financing of a project, other than a Federal credit instrument.
“(14) SECURED LOAN.—The term ‘secured loan’ means a direct loan to an obligor or a debt obligation issued by an obligor and purchased by the Secretary, in each case funded by the Secretary in connection with the financing of a project under section 999C.
“(15) SUBSIDY AMOUNT.—The term ‘subsidy amount’ means the amount of budget authority sufficient to cover the estimated long-term cost to the Federal Government of a Federal credit instrument—
“(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.).
“(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—
“(b) Eligibility.—
“(1) IN GENERAL.—A project shall be eligible to receive a Federal credit instrument or a grant under the CIFIA program if—
“(2) CREDITWORTHINESS.—
“(A) IN GENERAL.—Each project and obligor that receives a Federal credit instrument or a grant under the CIFIA program shall be creditworthy, such that there exists a reasonable prospect of repayment of the principal and interest on the Federal credit instrument, as determined by the Secretary under subparagraph (B).
“(B) REASONABLE PROSPECT OF REPAYMENT.—The Secretary shall base a determination of whether there is a reasonable prospect of repayment under subparagraph (A) on a comprehensive evaluation of whether the obligor has a reasonable prospect of repaying the Federal credit instrument for the eligible project, including evaluation of—
“(i) the strength of the contractual terms of an eligible project (if available for the applicable market segment);
“(ii) the forecast of noncontractual cash flows supported by market projections from reputable sources, as determined by the Secretary, and cash sweeps or other structural enhancements;
“(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—
“(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—
“(7) BENEFICIAL EFFECTS.—The Secretary shall determine that financial assistance for each project under the CIFIA program will—
“(8) PROJECT READINESS.—To be eligible for assistance under the CIFIA program, the applicant shall demonstrate a reasonable expectation that the contracting process for construction of the project can commence by not later than 90 days after the date on which a Federal credit instrument or grant is obligated for the project under the CIFIA program.
“(c) Selection among eligible projects.—
“(1) ESTABLISHMENT OF APPLICATION PROCESS.—The Secretary shall establish an application process under which projects that are eligible to receive assistance under subsection (b) may—
“(2) PRIORITY.—In selecting projects to receive credit assistance under subsection (b), the Secretary shall give priority to projects that—
“(B) have demonstrated demand for use of the infrastructure by associated projects that capture carbon dioxide from anthropogenic sources or ambient air;
“(3) MASTER CREDIT AGREEMENTS.—
“(A) PRIORITY PROJECTS.—The Secretary may enter into a master credit agreement for a project that the Secretary determines—
“(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—
“(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—
“(3) WAIVERS.—If the Secretary receives a request for a waiver under this subsection, the Secretary shall—
“(A) make available to the public a copy of the request, together with any information available to the Secretary concerning the request—
“(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—
“(ii) to refinance interim construction financing of eligible project costs of any project selected under section 999B; or
“(2) RISK ASSESSMENT.—Before entering into an agreement under this subsection, the Secretary, in consultation with the Director of the Office of Management and Budget, shall determine an appropriate credit subsidy amount for each secured loan, taking into account all relevant factors, including the creditworthiness factors under section 999B(b)(2).
“(b) Terms and limitations.—
“(1) IN GENERAL.—A secured loan under this section with respect to a project shall be on such terms and conditions and contain such covenants, representations, warranties, and requirements (including requirements for audits) as the Secretary determines to be appropriate.
“(2) MAXIMUM AMOUNT.—The amount of a secured loan under this section shall not exceed an amount equal to 80 percent of the reasonably anticipated eligible project costs.
“(4) INTEREST RATE.—
“(A) IN GENERAL.—Except as provided in subparagraph (B), the interest rate on a secured loan under this section shall be not less than the interest rate reflected in the yield on United States Treasury securities of a similar maturity to the maturity of the secured loan on the date of execution of the loan agreement.
“(B) LIMITED BUYDOWNS.—
“(i) IN GENERAL.—Subject to clause (iii), the Secretary may lower the interest rate of a secured loan under this section to not lower than the interest rate described in clause (ii), if the interest rate has increased during the period—
“(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—
“(6) NONSUBORDINATION.—
“(A) IN GENERAL.—Except as provided in subparagraph (B), the secured loan shall not be subordinated to the claims of any holder of project obligations in the event of bankruptcy, insolvency, or liquidation of the obligor.
“(B) PREEXISTING INDENTURE.—
“(i) IN GENERAL.—The Secretary shall waive the requirement under subparagraph (A) for a public agency borrower that is financing ongoing capital programs and has outstanding senior bonds under a preexisting indenture, if—
“(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.
“(c) Repayment.—
“(1) SCHEDULE.—The Secretary shall establish a repayment schedule for each secured loan under this section based on—
“(2) COMMENCEMENT.—Scheduled loan repayments of principal or interest on a secured loan under this section shall commence not later than 5 years after the date of substantial completion of the project.
“(3) DEFERRED PAYMENTS.—
“(A) IN GENERAL.—If, at any time after the date of substantial completion of a project, the project is unable to generate sufficient revenues in excess of reasonable and necessary operating expenses to pay the scheduled loan repayments of principal and interest on the secured loan, the Secretary may, subject to subparagraph (C), allow the obligor to add unpaid principal and interest to the outstanding balance of the secured loan.
“(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.
“(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.
“(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.
“(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—
“(b) Eligibility.—To be eligible to receive a grant under this section, an entity shall—
“(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).
“(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.—
“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;
“The Secretary may promulgate such regulations as the Secretary determines to be appropriate to carry out the CIFIA program.
“(a) Authorization of appropriations.—
“(1) IN GENERAL.—There are authorized to be appropriated to the Secretary to carry out this subtitle—
“(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.—
(b) Technical amendments.—The table of contents for the Energy Policy Act of 2005 (Public Law 109–58; 119 Stat. 600) is amended—
(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:
“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
Section 963 of the Energy Policy Act of 2005 (42 U.S.C. 16293) is amended—
(2) in subsection (b)—
(A) in paragraph (1), by striking “and demonstration” and inserting “demonstration, and commercialization”; and
(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.
(a) Definitions.—In this section:
(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.
(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
(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—
(c) Clarification.—A carbon dioxide stream injected for the purpose of carbon sequestration under subparagraph (E) of section 8(p)(1) of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(p)(1)) shall not be considered to be material (as defined in section 3 of the Marine Protection, Research, and Sanctuaries Act of 1972 (33 U.S.C. 1402)) for purposes of that Act (33 U.S.C. 1401 et seq.).
(a) In general.—Section 969D of the Energy Policy Act of 2005 (42 U.S.C. 16298d) is amended—
(2) by inserting after subsection (i) the following:
“(j) Regional direct air capture hubs.—
“(1) DEFINITIONS.—In this subsection:
“(A) ELIGIBLE PROJECT.—The term ‘eligible project’ means a direct air capture project or a component project of a regional direct air capture hub.
“(B) REGIONAL DIRECT AIR CAPTURE HUB.—The term ‘regional direct air capture hub’ means a network of direct air capture projects, potential carbon dioxide utilization off-takers, connective carbon dioxide transport infrastructure, subsurface resources, and sequestration infrastructure located within a region.
“(2) ESTABLISHMENT OF PROGRAM.—
“(A) IN GENERAL.—The Secretary shall establish a program under which the Secretary shall provide funding for eligible projects that contribute to the development of 4 regional direct air capture hubs described in subparagraph (B).
“(B) REGIONAL DIRECT AIR CAPTURE HUBS.—Each of the 4 regional direct air capture hubs developed under the program under subparagraph (A) shall be a regional direct air capture hub that—
“(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;
“(3) SELECTION OF PROJECTS.—
“(A) SOLICITATION OF PROPOSALS.—
“(B) SELECTION OF PROJECTS FOR THE DEVELOPMENT OF REGIONAL DIRECT AIR CAPTURE HUBS.—Not later than 3 years after the date of the deadline for the submission of proposals under subparagraph (A)(i), the Secretary shall select eligible projects described in paragraph (2)(A).
“(C) CRITERIA.—The Secretary shall select eligible projects under subparagraph (B) using the following criteria:
“(i) CARBON INTENSITY OF LOCAL INDUSTRY.—To the maximum extent practicable, each eligible project shall be located in a region with—
“(ii) GEOGRAPHIC DIVERSITY.—To the maximum extent practicable, eligible projects shall contribute to the development of regional direct air capture hubs located in different regions of the United States.
“(iii) CARBON POTENTIAL.—To the maximum extent practicable, eligible projects shall contribute to the development of regional direct air capture hubs located in regions with high potential for carbon sequestration or utilization.
“(iv) HUBS IN FOSSIL-PRODUCING REGIONS.—To the maximum extent practicable, eligible projects shall contribute to the development of at least 2 regional direct air capture hubs located in economically distressed communities in the regions of the United States with high levels of coal, oil, or natural gas resources.
“(v) SCALABILITY.—The Secretary shall give priority to eligible projects that, as compared to other eligible projects, will contribute to the development of regional direct air capture hubs with larger initial capacity, greater potential for expansion, and lower levelized cost per ton of carbon dioxide removed from the atmosphere.
“(D) COORDINATION.—To the maximum extent practicable, in carrying out the program under this subsection, the Secretary shall take into account and coordinate with activities of the carbon capture technology program established under section 962(b)(1), the carbon storage validation and testing program established under section 963(b)(1), and the CIFIA program established under section 999B(a) such that funding from each of the programs is leveraged to contribute toward the development of integrated regional and interregional carbon capture, removal, transport, sequestration, and utilization networks.
“(E) FUNDING OF ELIGIBLE PROJECTS.—The Secretary may make grants to, or enter into cooperative agreements or contracts with, each eligible project selected under subparagraph (B) to accelerate commercialization of, and demonstrate the removal, processing, transport, sequestration, and utilization of, carbon dioxide captured from the atmosphere.
(b) Purpose.—The purpose of this subtitle is to accelerate research, development, demonstration, and deployment of hydrogen from clean energy sources by—
(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;
(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.).
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:
(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)—
(3) by striking subsection (b) and inserting the following:
(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);
“(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—
“(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;
(6) by adding at the end the following:
“(j) Targets.—Not later than 180 days after the date of enactment of the Infrastructure Investment and Jobs Act, the Secretary shall establish targets for the program to address near-term (up to 2 years), mid-term (up to 7 years), and long-term (up to 15 years) challenges to the advancement of clean hydrogen systems and technologies.”.
(b) Conforming amendment.—The table of contents for the Energy Policy Act of 2005 (Public Law 109–58; 119 Stat. 599) is amended by striking the item relating to section 805 and inserting the following:
“Sec. 805. Clean hydrogen research and development program.”.
Title VIII of the Energy Policy Act of 2005 (42 U.S.C. 16151 et seq.) is amended—
(2) by inserting after section 812 the following:
“(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—
“(c) Selection of regional clean hydrogen hubs.—
“(1) SOLICITATION OF PROPOSALS.—Not later than 180 days after the date of enactment of the Infrastructure Investment and Jobs Act, the Secretary shall solicit proposals for regional clean hydrogen hubs.
“(2) SELECTION OF HUBS.—Not later than 1 year after the deadline for the submission of proposals under paragraph (1), the Secretary shall select at least 4 regional clean hydrogen hubs to be developed under subsection (b).
“(3) CRITERIA.—The Secretary shall select regional clean hydrogen hubs under paragraph (2) using the following criteria:
“(A) FEEDSTOCK DIVERSITY.—To the maximum extent practicable—
“(i) at least 1 regional clean hydrogen hub shall demonstrate the production of clean hydrogen from fossil fuels;
“(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;
“(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.
“(a) Development.—
“(1) IN GENERAL.—In carrying out the programs established under sections 805 and 813, the Secretary, in consultation with the heads of relevant offices of the Department, shall develop a technologically and economically feasible national strategy and roadmap to facilitate widescale production, processing, delivery, storage, and use of clean hydrogen.
“(2) INCLUSIONS.—The national clean hydrogen strategy and roadmap developed under paragraph (1) shall focus on—
“(A) establishing a standard of hydrogen production that achieves the standard developed under section 822(a), including interim goals towards meeting that standard;
“(B) (i) clean hydrogen production and use from natural gas, coal, renewable energy sources, nuclear energy, and biomass; and
“(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;
“(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;
“(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
“(a) Clean hydrogen manufacturing initiative.—
“(1) IN GENERAL.—In carrying out the programs established under sections 805 and 813, the Secretary shall award multiyear grants to, and enter into contracts, cooperative agreements, or any other agreements authorized under this Act or other Federal law with, eligible entities (as determined by the Secretary) for research, development, and demonstration projects to advance new clean hydrogen production, processing, delivery, storage, and use equipment manufacturing technologies and techniques.
“(2) PRIORITY.—In awarding grants or entering into contracts, cooperative agreements, or other agreements under paragraph (1), the Secretary, to the maximum extent practicable, shall give priority to clean hydrogen equipment manufacturing projects that—
“(3) EVALUATION.—Not later than 3 years after the date of enactment of the Infrastructure Investment and Jobs Act, and not less frequently than once every 4 years thereafter, the Secretary shall conduct, and make available to the public and the relevant committees of Congress, an independent review of the progress of the projects carried out through grants awarded, or contracts, cooperative agreements, or other agreements entered into, under paragraph (1).
“(b) Clean hydrogen technology recycling research, development, and demonstration program.—
“(1) IN GENERAL.—In carrying out the programs established under sections 805 and 813, the Secretary shall award multiyear grants to, and enter into contracts, cooperative agreements, or any other agreements authorized under this Act or other Federal law with, eligible entities for research, development, and demonstration projects to create innovative and practical approaches to increase the reuse and recycling of clean hydrogen technologies, including by—
“(A) increasing the efficiency and cost-effectiveness of the recovery of raw materials from clean hydrogen technology components and systems, including enabling technologies such as electrolyzers and fuel cells;
“(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;
“(2) DISSEMINATION OF RESULTS.—The Secretary shall make available to the public and the relevant committees of Congress the results of the projects carried out through grants awarded, or contracts, cooperative agreements, or other agreements entered into, under paragraph (1), including any educational and outreach materials developed by the projects.
“(a) Definitions.—In this section:
“(1) ELECTROLYSIS.—The term ‘electrolysis’ means a process that uses electricity to split water into hydrogen and oxygen.
“(b) Establishment.—Not later than 90 days after the date of enactment of the Infrastructure Investment and Jobs Act, the Secretary shall establish a research, development, demonstration, commercialization, and deployment program for purposes of commercialization to improve the efficiency, increase the durability, and reduce the cost of producing clean hydrogen using electrolyzers.
“(c) Goals.—The goals of the program are—
“(d) Demonstration projects.—In carrying out the program, the Secretary shall fund demonstration projects—
“(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;
“(5) modular electrolyzers for distributed energy systems and the bulk-power system (as defined in section 215(a) of the Federal Power Act (16 U.S.C. 824o(a)));
“(6) low-cost membranes or electrolytes and separation materials that are durable in the presence of impurities or seawater;
“(7) improved component design and material integration, including with respect to electrodes, porous transport layers and bipolar plates, and balance-of-system components, to allow for scale-up and domestic manufacturing of electrolyzers at a high volume;
“(f) Grants, contracts, cooperative agreements.—
“(1) GRANTS.—In carrying out the program, the Secretary shall award grants, on a competitive basis, to eligible entities for projects that the Secretary determines would provide the greatest progress toward achieving the goal of the program described in subsection (c).
“(2) CONTRACTS AND COOPERATIVE AGREEMENTS.—In carrying out the program, the Secretary may enter into contracts and cooperative agreements with eligible entities and Federal agencies for projects that the Secretary determines would further the purpose of the program described in subsection (b).
“(3) ELIGIBILITY; APPLICATIONS.—
“(A) IN GENERAL.—The eligibility of an entity to receive a grant under paragraph (1), to enter into a contract or cooperative agreement under paragraph (2), or to receive funding for a demonstration project under subsection (d) shall be determined by the Secretary.
“(B) APPLICATIONS.—An eligible entity desiring to receive a grant under paragraph (1), to enter into a contract or cooperative agreement under paragraph (2), or to receive funding for a demonstration project under subsection (d) shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require.
“(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.
(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:
“(a) In general.—Not later than 180 days after the date of enactment of the Infrastructure Investment and Jobs Act, the Secretary, in consultation with the Administrator of the Environmental Protection Agency and after taking into account input from industry and other stakeholders, as determined by the Secretary, shall develop an initial standard for the carbon intensity of clean hydrogen production that shall apply to activities carried out under this title.
“(b) Requirements.—
“(1) IN GENERAL.—The standard developed under subsection (a) shall—
“(2) ADJUSTMENT.—Not later than the date that is 5 years after the date on which the Secretary develops the standard under subsection (a), the Secretary, in consultation with the Administrator of the Environmental Protection Agency and after taking into account input from industry and other stakeholders, as determined by the Secretary, shall—
(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.”.
(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).
(b) Report.—Not later than 180 days after the date of enactment of this Act, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committees on Energy and Commerce and Science, Space, and Technology of the House of Representatives a report that describes how the Department could enhance energy resilience and reduce carbon emissions with the use of micro-reactors and small modular reactors.
(c) Elements.—The report required by subsection (b) shall address the following:
(1) An evaluation by the Department of current resilience and carbon reduction requirements for energy for facilities of the Department to determine whether changes are needed to address—
(2) A strategy of the Department for using nuclear energy to meet resilience and carbon reduction goals of facilities of the Department.
(3) A strategy to partner with private industry to develop and deploy micro-reactors and small modular reactors to remote communities in order to replace diesel generation and other fossil fuels.
(4) An assessment by the Department of the value associated with enhancing the resilience of a facility of the Department by transitioning to power from micro-reactors and small modular reactors and to co-located nuclear facilities with the capability to provide dedicated power to the facility of the Department during a grid outage or failure.
(5) The plans of the Department—
(A) for deploying a micro-reactor and a small modular reactor to produce energy for use by a facility of the Department in the United States by 2026;
(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.
(a) Property interests relating to federally funded advanced nuclear reactor projects.—
(1) DEFINITIONS.—In this section:
(A) ADVANCED NUCLEAR REACTOR.—The term “advanced nuclear reactor” has the meaning given the term in section 951(b) of the Energy Policy Act of 2005 (42 U.S.C. 16271(b)).
(2) ASSIGNMENT OF PROPERTY INTERESTS.—The Secretary may assign to any entity, including the United States, fee title or any other property interest acquired by the Secretary under an agreement entered into with respect to a project described in paragraph (3).
(3) PROJECT DESCRIBED.—A project referred to in paragraph (2) is—
(A) a project for which funding is provided pursuant to the funding opportunity announcement of the Department numbered DE–FOA–0002271, including any project for which funding has been provided pursuant to that announcement as of the date of enactment of this Act;
(B) any other project for which funding is provided using amounts made available for the Advanced Reactor Demonstration Program of the Department under the heading “Nuclear Energy” under the heading “ENERGY PROGRAMS” in title III of division C of the Further Consolidated Appropriations Act, 2020 (Public Law 116–94; 133 Stat. 2670);
(b) Considerations in cooperative research and development agreements.—
(1) IN GENERAL.—Section 12(c)(7)(B) of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a(c)(7)(B)) is amended—
(B) in clause (i), as so designated, by striking “The director” and inserting “Subject to clause (ii), the director”; and
(C) by adding at the end the following:
“(II) The agency may authorize the director to provide appropriate protections against dissemination described in clause (i) for a total period of not more than 30 years if the agency determines that the nature of the information protected against dissemination, including nuclear technology, could reasonably require an extended period of that protection to reach commercialization.”.
(2) APPLICABILITY.—
(A) DEFINITION.—In this subsection, the term “cooperative research and development agreement” has the meaning given the term in section 12(d) of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a(d)).
(B) RETROACTIVE EFFECT.—Clause (ii) of section 12(c)(7)(B) of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a(c)(7)(B)), as added by subsection (a) of this section, shall apply with respect to any cooperative research and development agreement that is in effect as of the day before the date of enactment of this Act.
(c) Department of Energy contracts.—Section 646(g)(5) of the Department of Energy Organization Act (42 U.S.C. 7256(g)(5)) is amended—
(2) in subparagraph (A) (as so designated)—
(B) by striking “agency.” and inserting the following: “agency—
(a) Definitions.—In this section:
(b) Establishment of program.—The Secretary shall establish a civil nuclear credit program—
(c) Certification.—
(1) APPLICATION.—
(A) IN GENERAL.—In order to be certified under paragraph (2)(A)(i), the owner or operator of a nuclear reactor that is projected to cease operations due to economic factors shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary determines to be appropriate, including—
(i) information on the operating costs necessary to make the determination described in paragraph (2)(A)(ii)(I), including—
(I) the average projected annual operating loss in dollars per megawatt-hour, inclusive of the cost of operational and market risks, expected to be incurred by the nuclear reactor over the 4-year period for which credits would be allocated;
(ii) an estimate of the potential incremental air pollutants that would result if the nuclear reactor were to cease operations;
(C) PAYMENTS FROM STATE PROGRAMS.—
(i) IN GENERAL.—The owner or operator of a nuclear reactor that receives a payment from a State zero-emission credit, a State clean energy contract, or any other State program with respect to that nuclear reactor shall be eligible to submit an application under subparagraph (A) with respect to that nuclear reactor during any application period beginning after the 120-day period beginning on the date of enactment of this Act.
(ii) REQUIREMENT.—An application submitted by an owner or operator described in clause (i) with respect to a nuclear reactor described in that clause shall include all projected payments from State programs in determining the average projected annual operating loss described in subparagraph (A)(i)(I), unless the credits allocated to the nuclear reactor pursuant to that application will be used to reduce those payments.
(2) DETERMINATION TO CERTIFY.—
(A) DETERMINATION.—
(i) IN GENERAL.—Not later than 60 days after the applicable date under subparagraph (B) of paragraph (1), the Secretary shall determine whether to certify, in accordance with clauses (ii) and (iii), each nuclear reactor for which an application is submitted under subparagraph (A) of that paragraph.
(ii) MINIMUM REQUIREMENTS.—To the maximum extent practicable, the Secretary shall only certify a nuclear reactor under clause (i) if—
(I) after considering the information submitted under paragraph (1)(A)(i), the Secretary determines that the nuclear reactor is projected to cease operations due to economic factors;
(II) after considering the estimate submitted under paragraph (1)(A)(ii), the Secretary determines that pollutants would increase if the nuclear reactor were to cease operations and be replaced with other types of power generation; and
(d) Bidding process.—
(1) IN GENERAL.—Subject to paragraph (2), the Secretary shall establish a deadline by which each certified nuclear reactor shall submit to the Secretary a sealed bid that—
(2) REQUIREMENT.—The deadline established under paragraph (1) shall be not later than 30 days after the first date on which the Secretary has made the determination described in paragraph (2)(A)(i) of subsection (c) with respect to each application submitted under paragraph (1)(A) of that subsection.
(e) Allocation.—
(1) AUCTION.—Notwithstanding section 169 of the Atomic Energy Act of 1954 (42 U.S.C. 2209), the Secretary shall—
(f) Renewal.—
(g) Additional requirements.—
(1) AUDIT.—During the 4-year period beginning on the date on which a certified nuclear reactor first receives a credit, the Secretary shall periodically audit the certified nuclear reactor.
(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—
Section 242 of the Energy Policy Act of 2005 (42 U.S.C. 15881) is amended—
(1) in subsection (b)(2), by striking “before the date of the enactment of this section” and inserting “before the date of enactment of the Infrastructure Investment and Jobs Act”;
(2) in the undesignated matter following subsection (b)(3), by striking “the date of the enactment of this section” and inserting “the date of enactment of the Infrastructure Investment and Jobs Act”;
(a) In general.—Section 243 of the Energy Policy Act of 2005 (42 U.S.C. 15882) is amended—
(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.”.
(a) In general.—Subtitle C of title II of the Energy Policy Act of 2005 (Public Law 109–58; 119 Stat. 674) is amended by adding at the end the following:
“SEC. 247. Maintaining and enhancing hydroelectricity incentives.
“(a) Definition of qualified hydroelectric facility.—In this section, the term ‘qualified hydroelectric facility’ means a hydroelectric project that—
“(1) (A) is licensed by the Federal Energy Regulatory Commission; or
“(B) is a hydroelectric project constructed, operated, or maintained pursuant to a permit or valid existing right-of-way granted prior to June 10, 1920, or a license granted pursuant to the Federal Power Act (16 U.S.C. 791a et seq.);
“(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—
“(2) improving dam safety to ensure acceptable performance under all loading conditions (including static, hydrologic, and seismic conditions), including—
(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.”.
Section 3201 of the Energy Policy Act of 2020 (42 U.S.C. 17232) is amended—
(2) by inserting after subsection (d) the following:
“(e) Pumped storage hydropower wind and solar integration and system reliability initiative.—
“(2) DEMONSTRATION PROJECT.—
“(A) IN GENERAL.—Not later than September 30, 2023, the Secretary shall, to the maximum extent practicable, enter into an agreement with an eligible entity to provide financial assistance to the eligible entity to carry out project design, transmission studies, power market assessments, and permitting for a pumped storage hydropower project to facilitate the long-duration storage of intermittent renewable electricity.
Section 9(c) of the Reclamation Project Act of 1939 (43 U.S.C. 485h(c)) is amended—
(1) in paragraph (1), in the fourth sentence, by striking “, including small conduit hydropower development” and inserting “and reserve to the Secretary the exclusive authority to develop small conduit hydropower using Bureau of Reclamation facilities and pumped storage hydropower exclusively using Bureau of Reclamation reservoirs”; and
(2) in paragraph (8), by striking “has been filed with the Federal Energy Regulatory Commission as of the date of the enactment of the Bureau of Reclamation Small Conduit Hydropower Development and Rural Jobs Act” and inserting “was filed with the Federal Energy Regulatory Commission before August 9, 2013, and is still pending”.
(a) Definitions.—In this section:
(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:
(5) PROJECT.—The term “project” means a proposed pumped storage facility that—
(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)).
(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—
(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—
(D) require that the proposed lessee study any potential adverse economic effects of the project on the Tribes, including effects on—
(2) DISPUTES.—
(A) IN GENERAL.—If the parties cannot agree to the terms of a study plan agreement or implementation of those terms, the parties shall submit to the Director, for final determination on the terms or implementation of the study plan agreement, notice of the dispute, consistent with paragraph (1)(F), to the extent the parties have agreed to a study plan agreement.
(d) Study plan.—
(1) IN GENERAL.—The proposed lessee shall submit to the Secretary for approval a study plan that details the proposed methodology for performing each of the studies—
(2) INITIAL DETERMINATION.—Not later than 60 days after the date on which the Secretary receives the study plan under paragraph (1), the Secretary shall make an initial determination that—
(B) rejects the study plan on the grounds that the study plan—
(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.);
(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));
(3) OBJECTIONS.—
(A) IN GENERAL.—Not later than 30 days after the date on which the Secretary makes an initial determination under paragraph (2), the Tribes or the proposed lessee may submit to the Director an objection to the initial determination.
(e) Conditions of lease.—
(1) CONSISTENCY WITH RIGHTS OF TRIBES; PROTECTION, MITIGATION, AND ENHANCEMENT OF FISH AND WILDLIFE.—
(A) IN GENERAL.—Any lease of power privilege issued by the Secretary for a project under subsection (b) shall contain conditions—
(i) to ensure that the project is consistent with, and will not interfere with, the exercise of the paramount hunting, fishing, and boating rights of the Tribes reserved pursuant to the Act of June 29, 1940 (54 Stat. 703, chapter 460; 16 U.S.C. 835d et seq.); and
(B) RECOMMENDATIONS OF THE TRIBES.—The conditions required under subparagraph (A) shall be based on joint recommendations of the Tribes.
(C) RESOLVING INCONSISTENCIES.—
(i) IN GENERAL.—If the Secretary determines that any recommendation of the Tribes under subparagraph (B) is not reasonably calculated to ensure the project is consistent with subparagraph (A) or is inconsistent with the requirements of the Reclamation Project Act of 1939 (43 U.S.C. 485 et seq.), the Secretary shall attempt to resolve any such inconsistency with the Tribes, giving due weight to the recommendations and expertise of the Tribes.
(ii) PUBLICATION OF FINDINGS.—If, after an attempt to resolve an inconsistency under clause (i), the Secretary does not adopt in whole or in part a recommendation of the Tribes under subparagraph (B), the Secretary shall issue each of the following findings, including a statement of the basis for each of the findings:
(I) A finding that adoption of the recommendation is inconsistent with the requirements of the Reclamation Project Act of 1939 (43 U.S.C. 485 et seq.).
(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.—
(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.).
(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—
(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.
Section 3004 of the Energy Act of 2020 (42 U.S.C. 16238) is amended—
(1) in subsection (a)—
(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
(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:
(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.).
(b) Establishment.—The Secretary shall establish a program to demonstrate the technical and economic viability of carrying out clean energy projects on current and former mine land.
(c) Selection of demonstration projects.—
(1) IN GENERAL.—In carrying out the program, the Secretary shall select not more than 5 clean energy projects, to be carried out in geographically diverse regions, at least 2 of which shall be solar projects.
(2) ELIGIBILITY.—To be eligible to be selected for participation in the program under paragraph (1), a clean energy project shall demonstrate, as determined by the Secretary, a technology on a current or former mine land site with a reasonable expectation of commercial viability.
(3) PRIORITY.—In selecting clean energy projects for participation in the program under paragraph (1), the Secretary shall prioritize clean energy projects that will—
(A) be carried out in a location where the greatest number of jobs can be created from the successful demonstration of the clean energy project;
(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—
(4) PROJECT SELECTION.—The Secretary shall solicit proposals for clean energy projects and select clean energy project finalists in consultation with the Secretary of the Interior, the Administrator of the Environmental Protection Agency, and the Secretary of Labor.
(5) COMPATIBILITY WITH EXISTING OPERATIONS.—Prior to selecting a clean energy project for participation in the program under paragraph (1), the Secretary shall consult with, as applicable, mining claimholders or operators or the relevant Office of Surface Mining Reclamation and Enforcement Abandoned Mine Land program office to confirm—
(d) Consultation.—The Secretary shall consult with the Director of the Office of Surface Mining Reclamation and Enforcement and the Administrator of the Environmental Protection Agency, acting through the Office of Brownfields and Land Revitalization, to determine whether it is necessary to promulgate regulations or issue guidance in order to prioritize and expedite the siting of clean energy projects on current and former mine land sites.
(e) Technical assistance.—The Secretary shall provide technical assistance to project applicants selected for participation in the program under subsection (c) to assess the needed interconnection, transmission, and other grid components and permitting and siting necessary to interconnect, on current and former mine land where the project will be sited, any generation or storage with the electric grid.
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”.
(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:
(B) by adding at the end the following:
“(B) REASONABLE PROSPECT OF REPAYMENT.—The Secretary shall base a determination of whether there is reasonable prospect of repayment under subparagraph (A) on a comprehensive evaluation of whether the borrower has a reasonable prospect of repaying the guaranteed obligation for the eligible project, including, as applicable, an evaluation of—
“(i) the strength of the contractual terms of the eligible project (if commercially reasonably available);
“(ii) the forecast of noncontractual cash flows supported by market projections from reputable sources, as determined by the Secretary;
(2) LOAN GUARANTEES FOR PROJECTS THAT INCREASE THE DOMESTICALLY PRODUCED SUPPLY OF CRITICAL MINERALS.—
(A) IN GENERAL.—Section 1703(b) of the Energy Policy Act of 2005 (42 U.S.C. 16513(b)) is amended by adding at the end the following:
“(13) Projects that increase the domestically produced supply of critical minerals (as defined in section 7002(a) of the Energy Act of 2020 (30 U.S.C. 1606(a)), including through the production, processing, manufacturing, recycling, or fabrication of mineral alternatives.”.
(B) PROHIBITION ON USE OF PREVIOUSLY APPROPRIATED FUNDS.—Amounts appropriated to the Department of Energy before the date of enactment of this Act shall not be made available for the cost of loan guarantees made under paragraph (13) of section 1703(b) of the Energy Policy Act of 2005 (42 U.S.C. 16513(b)).
(C) PROHIBITION ON USE OF PREVIOUSLY AVAILABLE COMMITMENT AUTHORITY.—Amounts made available to the Department of Energy for commitments to guarantee loans under section 1703 of the Energy Policy Act of 2005 (42 U.S.C. 16513) before the date of enactment of this Act shall not be made available for commitments to guarantee loans for projects described in paragraph (13) of section 1703(b) of the Energy Policy Act of 2005 (42 U.S.C. 16513(b)).
(3) CONFLICTS OF INTEREST.—Section 1702 of the Energy Policy Act of 2005 (42 U.S.C. 16512) is amended by adding at the end the following:
(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—
(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—
(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));
(2) REASONABLE PROSPECT OF REPAYMENT.—Section 136(d) of the Energy Independence and Security Act of 2007 (42 U.S.C. 17013(d)) is amended—
(A) by striking paragraph (3) and inserting the following:
“(3) SELECTION OF ELIGIBLE PROJECTS.—
“(A) IN GENERAL.—The Secretary shall select eligible projects to receive loans under this subsection if the Secretary determines that—
“(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;
(3) ADDITIONAL REFORMS.—Section 136 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17013) is amended—
(A) in subsection (b) by striking “ultra efficient vehicle manufacturers, and component suppliers” and inserting “ultra efficient vehicle manufacturers, advanced technology vehicle manufacturers, and component suppliers”;
(B) in subsection (h)—
(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—
“(l) Prohibition on use of appropriated funds.—Amounts appropriated to the Secretary before the date of enactment of this subsection shall not be available to the Secretary to provide awards under subsection (b) or loans under subsection (d) for the costs of activities that were not eligible for those awards or loans on the day before that date.
“(m) Report.—Not later than 2 years after the date of enactment of this subsection, and every 3 years thereafter, the Secretary shall submit to Congress a report on the status of projects supported by a loan under this section, including—
“(1) a list of projects receiving a loan under this section, including the loan amount and construction status of each project;
“(3) data regarding the number of direct and indirect jobs retained, restored, or created by financed projects;
“(4) the number of new projects projected to receive a loan under this section in the next 2 years, including the projected aggregate loan amount over the next 2 years;
(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:
(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—
(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—
(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—
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—
(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—
(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)).
(9) REGIONAL TRANSMISSION ORGANIZATION.—The term “Regional Transmission Organization” has the meaning given the term in section 3 of the Federal Power Act (16 U.S.C. 796).
(10) RURAL AREA.—The term “rural area” has the meaning given the term in section 609(a) of the Public Utility Regulatory Policies Act of 1978 (7 U.S.C. 918c(a)).
(a) Dashboard.—
(1) ESTABLISHMENT.—
(A) IN GENERAL.—Not later than 90 days after the date of enactment of this Act, the Administrator shall establish an online database to track the operation of the bulk power system in the contiguous 48 States (referred to in this section as the “Dashboard”).
(2) EXPANSION.—
(A) IN GENERAL.—Not later than 1 year after the date of enactment of this Act, the Administrator shall expand the Dashboard to include, to the maximum extent practicable, hourly operating data collected from the electricity balancing authorities that operate the bulk power system in all of the several States, each territory of the United States, and the District of Columbia.
(b) Mix of energy sources.—
(1) IN GENERAL.—Not later than 1 year after the date of enactment of this Act, the Administrator shall establish, in accordance with section 40419 and this subsection and to the extent the Administrator determines to be appropriate, a system to harmonize the operating data on electricity generation collected under subsection (a) with—
(A) measurements of greenhouse gas and other pollutant emissions collected by the Environmental Protection Agency;
(2) OUTCOMES.—The system established under paragraph (1) shall result in an integrated dataset that includes, for any given time—
(3) REAL-TIME DATA DISSEMINATION.—To the maximum extent practicable, the system established under paragraph (1) shall disseminate data—
(4) COMPLEMENTARY EFFORTS.—The system established under paragraph (1) shall complement any existing data dissemination efforts of the Administrator that make use of electricity generation data, such as electricity demand by subregion and electricity interchange with directly interconnected balancing authorities.
(c) Observed characteristics of bulk power system resource integration.—
(1) IN GENERAL.—Not later than 1 year after the date of enactment of this Act, the Administrator shall establish a system to provide to the public timely data on the integration of energy resources into the bulk power system and the electric distribution grids in the United States, and the observed effects of that integration.
(d) Distribution system operations.—
(1) IN GENERAL.—Not later than 1 year after the date of enactment of this Act, the Administrator shall establish a system to provide to the public timely data on the operations of load-serving entities in the electricity grids of the United States.
(2) REQUIREMENTS.—
(A) IN GENERAL.—In carrying out paragraph (1), the Administrator shall—
(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;
(B) DATA ON THE DELIVERED GENERATION RESOURCE MIX.—In collecting the data described in subparagraph (A)(i)(I), the Administrator shall—
(i) use existing voluntary industry methodologies, including reporting protocols, databases, and emissions and energy use tracking software that provide consistent, timely, and accessible carbon emissions intensity rates for delivered electricity;
(ii) consider that generation and transmission entities may provide data on behalf of load-serving entities;
(iii) to the extent that the Administrator determines necessary, and in a manner designed to protect confidential information, require each load-serving entity to submit additional information as needed to determine the delivered generation resource mix of the load-serving entity, including financial or contractual agreements for power and generation resource type attributes with respect to power owned by or retired by the load-serving entity; and
(a) In general.—Not later than 2 years after the date of enactment of this Act, the Administrator shall implement measures to expand the Manufacturing Energy Consumption Survey, the Commercial Building Energy Consumption Survey, and the Residential Energy Consumption Survey to include data on energy end use in order to facilitate the identification of—
(b) Requirements.—
(1) IN GENERAL.—In carrying out subsection (a), the Administrator shall—
(B) use new data collection methods and tools in order to obtain more comprehensive data and reduce the burden on survey respondents, including by—
(C) identify and report community-level economic and environmental impacts, including with respect to—
(D) improve the presentation of data, including by—
(2) MANUFACTURING ENERGY CONSUMPTION SURVEY.—With respect to the Manufacturing Energy Consumption Survey, the Administrator shall—
(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;
(3) RESIDENTIAL ENERGY CONSUMPTION SURVEY.—With respect to the Residential Energy Consumption Survey, the Administrator shall—
(a) In general.—Not later than 1 year after the date of enactment of this Act, the Administrator shall develop and implement measures to expand data collection with respect to electric vehicle integration with the electricity grids.
(a) Plan.—
(1) IN GENERAL.—Not later than 180 days after the date of enactment of this Act, the Administrator, in coordination with the Director of the United States Geological Survey, shall develop a plan for the modeling and forecasting of demand for energy technologies, including for energy production, transmission, or storage purposes, that use minerals that are or could be designated as critical minerals.
(b) Metrics.—The plan developed under subsection (a)(1) shall produce forecasts of energy technology demand—
(c) Collaboration.—The Administrator shall develop the plan under subsection (a)(1) in consultation with—
(1) the Secretary with respect to the possible trajectories of emerging energy-producing and energy-storing technologies; and
(a) In general.—Not later than 1 year after the date of enactment of this Act, the Administrator shall implement measures to expand and improve the international energy data resources of the Energy Information Administration in order to understand—
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—
(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;
(8) wholesale electricity market design and the appropriate valuation of all services that support the reliability of electricity grids, such as—
(9) economic modeling of the role of energy efficiency, demand response, electricity storage, and a variety of distributed generation technologies;
(10) the production, transport, use, and storage of carbon dioxide, hydrogen, and hydrogen carriers;
(11) greater flexibility in—
(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—
(13) increased and improved data sources and tools, including—
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—
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—
(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.
(a) In general.—Section 111(d) of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2621(d)) (as amended by section 40104(a)(1)) is amended by adding at the end the following:
“(21) ELECTRIC VEHICLE CHARGING PROGRAMS.—Each State shall consider measures to promote greater electrification of the transportation sector, including the establishment of rates that—
“(A) promote affordable and equitable electric vehicle charging options for residential, commercial, and public electric vehicle charging infrastructure;
“(B) improve the customer experience associated with electric vehicle charging, including by reducing charging times for light-, medium-, and heavy-duty vehicles;
(b) Compliance.—
(1) TIME LIMITATION.—Section 112(b) of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2622(b)) (as amended by section 40104(a)(2)(A)) is amended by adding at the end the following:
“(8) (A) Not later than 1 year after the date of enactment of this paragraph, each State regulatory authority (with respect to each electric utility for which the State has ratemaking authority) and each nonregulated utility shall commence consideration under section 111, or set a hearing date for consideration, with respect to the standard established by paragraph (21) of section 111(d).
“(B) Not later than 2 years after the date of enactment of this paragraph, each State regulatory authority (with respect to each electric utility for which the State has ratemaking authority), and each nonregulated electric utility shall complete the consideration and make the determination under section 111 with respect to the standard established by paragraph (21) of section 111(d).”.
(2) FAILURE TO COMPLY.—Section 112(c) of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2622(c)) (as amended by section 40104(a)(2)(B)(i)) is amended by adding at the end the following: “In the case of the standard established by paragraph (21) of section 111(d), the reference contained in this subsection to the date of enactment of this Act shall be deemed to be a reference to the date of enactment of that paragraph (21).”.
(3) PRIOR STATE ACTIONS.—
(A) IN GENERAL.—Section 112 of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2622) (as amended by section 40104(a)(2)(C)(i)) is amended by adding at the end the following:
“(h) Other prior State actions.—Subsections (b) and (c) shall not apply to the standard established by paragraph (21) of section 111(d) in the case of any electric utility in a State if, before the date of enactment of this subsection—
(B) CROSS-REFERENCE.—Section 124 of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2634) (as amended by section 40104(a)(2)(C)(ii)(II)) is amended by adding at the end the following: “In the case of the standard established by paragraph (21) of section 111(d), the reference contained in this section to the date of enactment of this Act shall be deemed to be a reference to the date of enactment of that paragraph (21).”.
Section 319 of the Federal Power Act (16 U.S.C. 825q–1) is amended—
(1) in subsection (a)(2)—
(B) in subparagraph (B)—
(a) In general.—Not later than 1 year after the date of enactment of this Act, the Secretary, in consultation with appropriate Federal agencies and relevant stakeholders, shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Energy and Commerce of the House of Representatives a report that assesses using digital tools and platforms as climate solutions, including—
(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).
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.
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.
In this subtitle:
(1) PRIORITY STATE.—The term “priority State” means a State that—
(3) STATE.—The term “State” means a State (as defined in section 3 of the Energy Policy and Conservation Act (42 U.S.C. 6202)), acting through a State energy office.
(4) STATE ENERGY PROGRAM.—The term “State Energy Program” means the State Energy Program established under part D of title III of the Energy Policy and Conservation Act (42 U.S.C. 6321 et seq.).
(a) In general.—Not later than 1 year after the date of enactment of this Act, under the State Energy Program, the Secretary shall establish a program under which the Secretary shall provide capitalization grants to States to establish a revolving loan fund under which the State shall provide loans and grants, as applicable, in accordance with this section.
(b) Distribution of funds.—
(1) ALL STATES.—
(A) IN GENERAL.—Of the amounts made available under subsection (j), the Secretary shall use 40 percent to provide capitalization grants to States that are eligible for funding under the State Energy Program, in accordance with the allocation formula established under section 420.11 of title 10, Code of Federal Regulations (or successor regulations).
(2) PRIORITY STATES.—
(A) IN GENERAL.—Of the amounts made available under subsection (j), the Secretary shall use 60 percent to provide supplemental capitalization grants to priority States in accordance with an allocation formula determined by the Secretary.
(B) REMAINING FUNDING.—After applying the allocation formula described in subparagraph (A), the Secretary shall redistribute any unclaimed funds to the remaining priority States seeking supplemental capitalization grants under that subparagraph.
(c) Applications for capitalization grants.—A State seeking a capitalization grant under the program shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including—
(1) a detailed explanation of how the grant will be used, including a plan to establish a new revolving loan fund or use an existing revolving loan fund;
(2) the need of eligible recipients for loans and grants in the State for assistance with conducting energy audits;
(d) Timing.—
(e) Use of grant funds.—
(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—
(II) identify and recommend lifecycle cost-effective opportunities to reduce the energy consumption of the facility of the eligible recipient, including through energy efficient—
(III) estimate the energy and cost savings potential of the opportunities identified in subclause (II) using software approved by the Secretary;
(IV) identify—
(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.
(B) RESIDENTIAL ENERGY AUDITS.—
(i) IN GENERAL.—A State that receives a capitalization grant under the program may provide a loan to an eligible recipient described in clause (iv) to conduct a residential energy audit.
(ii) RESIDENTIAL ENERGY AUDIT REQUIREMENTS.—A residential energy audit conducted using a loan under clause (i) shall—
(I) utilize the same evaluation criteria as the Home Performance Assessment used in the Energy Star program established under section 324A of the Energy Policy and Conservation Act (42 U.S.C. 6294a);
(II) recommend lifecycle cost-effective opportunities to reduce energy consumption within the residential building of the eligible recipient, including through energy efficient—
(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.
(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);
(ii) ELIGIBLE RECIPIENTS.—An eligible recipient under clause (i) is an eligible recipient described in subparagraph (A)(iv) or (B)(iv) that—
(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—
(ii) a low-income individual (as defined in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102)) that owns a residential building.
(4) FINAL ASSESSMENT.—A State that provides a capitalization grant under paragraph (2)(C) to an eligible recipient described in clause (ii) of that paragraph may, not later than 1 year after the date on which the upgrades or retrofits funded by the grant under that paragraph are completed, provide to the eligible recipient a loan or, in accordance with paragraph (3), a grant to conduct a final energy audit that assesses the total energy savings from the upgrades or retrofits.
(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.
(a) Definitions.—In this section:
(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).
(d) Amount of grant.—The amount of a grant awarded to an eligible State under subsection (b)—
(e) Use of funds.—
(a) In general.—Title III of the Energy Conservation and Production Act (42 U.S.C. 6831 et seq.) is amended by adding at the end the following:
“SEC. 309. Cost-effective codes implementation for efficiency and resilience.
“(a) Definitions.—In this section:
“(1) ELIGIBLE ENTITY.—The term ‘eligible entity’ means—
“(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;
“(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—
“(B) to collect and disseminate quantitative data on construction and codes implementation, including code pathways, performance metrics, and technologies used;
(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”.
(a) In general.—The Secretary shall provide grants to institutions of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)) and Tribal Colleges or Universities (as defined in section 316(b) of that Act (20 U.S.C. 1059c(b))) to establish building training and assessment centers—
(1) to identify opportunities for optimizing energy efficiency and environmental performance in buildings;
(2) to promote the application of emerging concepts and technologies in commercial and institutional buildings;
(3) to train engineers, architects, building scientists, building energy permitting and enforcement officials, and building technicians in energy-efficient design and operation;
(4) to assist institutions of higher education and Tribal Colleges or Universities in training building technicians;
(5) to promote research and development for the use of alternative energy sources and distributed generation to supply heat and power for buildings, particularly energy-intensive buildings; and
(6) to coordinate with and assist State-accredited technical training centers, community colleges, Tribal Colleges or Universities, and local offices of the National Institute of Food and Agriculture and ensure appropriate services are provided under this section to each region of the United States.
(b) Coordination and nonduplication.—
(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
(b) Establishment.—The Secretary shall award grants to eligible entities to pay the Federal share of associated career skills training programs under which students concurrently receive classroom instruction and on-the-job training for the purpose of obtaining an industry-related certification to install energy efficient buildings technologies.
(a) Definitions.—In this section:
(b) Authorization of agreement.—Not later than 120 days after the date of enactment of this Act, the Administrator and the Administrator of the Environmental Protection Agency shall sign, and submit to Congress, an information sharing agreement relating to commercial building energy consumption data.
(c) Content of agreement.—The Agreement shall—
(1) provide, to the extent permitted by law, that—
(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
(d) Data.—The data referred in subsection (c)(2) includes data that—
(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
(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—
(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:
“(a) Definitions.—In this section:
“(1) COVERED PROJECT.—The term ‘covered project’ means a project—
“(2) ELIGIBLE ENTITY.—The term ‘eligible entity’ means a small- or medium-sized manufacturer that has had an energy assessment completed by—
“(3) ENERGY SERVICE PROVIDER.—The term ‘energy service provider’ means—
“(4) INDUSTRIAL RESEARCH AND ASSESSMENT CENTER.—The term ‘industrial research and assessment center’ means—
“(5) PROGRAM.—The term ‘Program’ means the program for implementation grants established under subsection (i)(1).
“(b) Institution of higher education-based industrial research and assessment centers.—
“(1) IN GENERAL.—The Secretary shall provide funding to institution of higher education-based industrial research and assessment centers.
“(2) PURPOSE.—The purpose of each institution of higher education-based industrial research and assessment center shall be—
“(A) to provide in-depth assessments of small- and medium-sized manufacturer plant sites to evaluate the facilities, services, and manufacturing operations of the plant sites;
“(B) to identify opportunities for optimizing energy efficiency and environmental performance, including implementation of—
“(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;
“(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;
“(d) Outreach.—The Secretary shall provide funding for—
“(1) outreach activities by the industrial research and assessment centers to inform small- and medium-sized manufacturers of the information, technologies, and services available; and
“(e) Centers of excellence.—
“(1) ESTABLISHMENT.—The Secretary shall establish a Center of Excellence at not more than 5 of the highest-performing industrial research and assessment centers, as determined by the Secretary.
“(2) DUTIES.—A Center of Excellence shall coordinate with and advise the industrial research and assessment centers located in the region of the Center of Excellence, including—
“(A) by mentoring new directors and staff of the industrial research and assessment centers with respect to—
“(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;
“(f) Expansion of industrial research and assessment centers.—
“(1) IN GENERAL.—The Secretary shall provide funding to establish additional industrial research and assessment centers at trade schools, community colleges, and union training programs.
“(2) PURPOSE.—
“(A) IN GENERAL.—Subject to subparagraph (B), to the maximum extent practicable, an industrial research and assessment center established under paragraph (1) shall have the same purpose as an institution of higher education-based industrial research center that is funded by the Secretary under subsection (b)(1).
“(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.
“(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—
“(4) GRANT AMOUNT.—
“(A) MAXIMUM AMOUNT.—The amount of a grant provided to an eligible entity under the Program shall not exceed $300,000.
(a) In general.—Part E of title III of the Energy Policy and Conservation Act (42 U.S.C. 6341 et seq.) is amended by adding at the end the following:
“SEC. 376. Sustainable manufacturing initiative.
“(a) In general.—As part of the Office of Energy Efficiency and Renewable Energy of the Department of Energy, the Secretary, on the request of a manufacturer, shall carry out onsite technical assessments to identify opportunities for—
“(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—
“(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.”.
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—
(3) INFORMATION AND COMMUNICATION TECHNOLOGY.—The term “information and communication technology” means any electronic system or equipment (including the content contained in the system or equipment) used to create, convert, communicate, or duplicate data or information, including computer hardware, firmware, software, communication protocols, networks, and data interfaces.
(4) INSTITUTION OF HIGHER EDUCATION.—The term “institution of higher education” has the meaning given the term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)).
(5) NORTH AMERICAN INDUSTRY CLASSIFICATION SYSTEM.—The term “North American Industry Classification System” means the standard used by Federal statistical agencies in classifying business establishments for the purpose of collecting, analyzing, and publishing statistical data relating to the business economy of the United States.
(6) SMALL AND MEDIUM MANUFACTURERS.—The term “small and medium manufacturers” means manufacturing firms—
(7) SMART MANUFACTURING.—The term “smart manufacturing” means advanced technologies in information, automation, monitoring, computation, sensing, modeling, artificial intelligence, analytics, and networking that—
(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;
The Secretary shall expand the scope of technologies covered by the industrial research and assessment centers of the Department—
(a) Study.—
(1) IN GENERAL.—Not later than 180 days after the date of enactment of this Act, the Secretary shall conduct a study on how the Department can increase access to existing high-performance computing resources in the National Laboratories, particularly for small and medium manufacturers.
(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.
(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.
(c) Requirements.—
(d) Use of funds.—A State may use financial assistance provided under this section—
(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—
(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;
(C) any improvement, repair, or renovation to a school involving the installation of renewable energy technologies;
(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) Grants.—The Secretary shall award competitive grants to eligible entities to make energy improvements in accordance with this section.
(c) Applications.—
(1) IN GENERAL.—An eligible entity desiring a grant under this section shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require.
(2) CONTENTS.—The application submitted under paragraph (1) shall include each of the following:
(A) A needs assessment of the current condition of the school and school facilities that would receive the energy improvements if the application were approved.
(C) A description of the energy improvements that the eligible entity would carry out at the school if the application were approved.
(D) A description of the capacity of the eligible entity to provide services and comprehensive support to make the energy improvements referred to in subparagraph (C).
(E) An assessment of the expected needs of the eligible entity for operation and maintenance training funds, and a plan for use of those funds, if applicable.
(d) Priority.—
(1) IN GENERAL.—In awarding grants under this section, the Secretary shall give priority to an eligible entity—
(B) (i) that, as determined by the Secretary, serves a high percentage of students, including students in a high school in accordance with paragraph (2), who are eligible for a free or reduced price lunch under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.); or
(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;
(f) Use of grant amounts.—
(1) IN GENERAL.—Except as provided in this subsection, an eligible entity receiving a grant under this section shall use the grant amounts only to make the energy improvements described in the application submitted by the eligible entity under subsection (c).
(2) OPERATION AND MAINTENANCE TRAINING.—An eligible entity receiving a grant under this section may use not more than 5 percent of the grant amounts for operation and maintenance training for energy efficiency and renewable energy improvements, such as maintenance staff and teacher training, education, and preventative maintenance training.
(3) THIRD-PARTY INVESTIGATION AND ANALYSIS.—An eligible entity receiving a grant under this section may use a portion of the grant amounts for a third-party investigation and analysis of the energy improvements carried out by the eligible entity, such as energy audits and existing building commissioning.
(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—
(h) Best practices.—The Secretary shall develop and publish guidelines and best practices for activities carried out under this section.
(i) Report by eligible entity.—An eligible entity receiving a grant under this section shall submit to the Secretary, at such time as the Secretary may require, a report describing—
(3) the results of any third-party investigation and analysis conducted relating to those energy improvements;
(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
(a) Definitions.—In this section:
(1) APPLICANT.—The term “applicant” means a nonprofit organization that applies for a grant under this section.
(2) ENERGY-EFFICIENCY MATERIAL.—
(A) IN GENERAL.—The term “energy-efficiency material” means a material (including a product, equipment, or system) the installation of which results in a reduction in use by a nonprofit organization of energy or fuel.
(3) NONPROFIT BUILDING.—The term “nonprofit building” means a building operated and owned by an organization that is described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code.
(b) Establishment.—Not later than 1 year after the date of enactment of this Act, the Secretary shall establish a pilot program to award grants for the purpose of providing nonprofit buildings with energy-efficiency materials.
(c) Grants.—
(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.
(a) Authorization of appropriations.—There is authorized to be appropriated to the Secretary for the weatherization assistance program established under part A of title IV of the Energy Conservation and Production Act (42 U.S.C. 6861 et seq.) $3,500,000,000 for fiscal year 2022, to remain available until expended.
(b) Application of wage rate requirements to weatherization assistance program.—With respect to work performed under the weatherization assistance program established under part A of title IV of the Energy Conservation and Production Act (42 U.S.C. 6861 et seq.) on a project assisted in whole or in part by funding made available under subsection (a), the requirements of section 41101 shall apply only to work performed on multifamily buildings with not fewer than 5 units.
(a) Use of funds.—Section 544 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17154) is amended—
(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.
(a) Energy jobs council.—
(1) ESTABLISHMENT.—The Secretary shall establish a council, to be known as the “Energy Jobs Council” (referred to in this section as the “Council”).
(2) MEMBERSHIP.—The Council shall be comprised of—
(A) to be appointed by the Secretary—
(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) Survey and analysis.—
(1) IN GENERAL.—The Council shall—
(2) METHODOLOGY.—In conducting the survey and analysis under paragraph (1), the Council shall employ a methodology that—
(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—
(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
(c) Report.—
(1) IN GENERAL.—Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Secretary shall—
(A) make publicly available on the website of the Department a report, to be entitled the “U.S. Energy and Employment Report”, describing the employment figures and demographics in the energy, energy efficiency, and motor vehicle sectors of the United States, and the average number of hours devoted to regulatory compliance, based on the survey and analysis conducted under subsection (b); and
(B) subject to the requirements of subchapter III of chapter 35 of title 44, United States Code, make the data collected by the Council publicly available on the website of the Department.
(2) CONTENTS.—
(A) IN GENERAL.—The report under paragraph (1) shall include employment figures and demographic data for—
(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—
(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)—
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.
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).
(a) Definitions.—In this section:
(1) ADDITIONAL SERVICES.—The term “additional services” means the provision of supplementary power, backup or standby power, maintenance power, or interruptible power to an electric consumer by an electric utility.
(2) WASTE HEAT TO POWER SYSTEM.—The term “waste heat to power system” means a system that generates electricity through the recovery of waste energy.
(3) OTHER TERMS.—
(A) PURPA.—The terms “electric consumer”, “electric utility”, “interconnection service”, “nonregulated electric utility”, and “State regulatory authority” have the meanings given those terms in the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2601 et seq.), within the meaning of title I of that Act (16 U.S.C. 2611 et seq.).
(B) EPCA.—The terms “combined heat and power system” and “waste energy” have the meanings given those terms in section 371 of the Energy Policy and Conservation Act (42 U.S.C. 6341).
(b) Review.—
(1) IN GENERAL.—Not later than 180 days after the date of enactment of this Act, the Secretary, in consultation with the Federal Energy Regulatory Commission and other appropriate entities, shall review existing rules and procedures relating to interconnection service and additional services throughout the United States for electric generation with nameplate capacity up to 150 megawatts connecting at either distribution or transmission voltage levels to identify barriers to the deployment of combined heat and power systems and waste heat to power systems.
(c) Model guidance.—
(1) IN GENERAL.—Not later than 18 months after the date of enactment of this Act, the Secretary, in consultation with the Federal Energy Regulatory Commission and other appropriate entities, shall issue model guidance for interconnection service and additional services for consideration by State regulatory authorities and nonregulated electric utilities to reduce the barriers identified under subsection (b)(1).
(2) CURRENT BEST PRACTICES.—The model guidance issued under this subsection shall reflect, to the maximum extent practicable, current best practices to encourage the deployment of combined heat and power systems and waste heat to power systems while ensuring the safety and reliability of the interconnected units and the distribution and transmission networks to which the units connect, including—
(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;
(C) the value of consistency with Federal interconnection rules established by the Federal Energy Regulatory Commission as of the date of enactment of this Act;
(D) the best practices used to model outage assumptions and contingencies to determine fees or rates for additional services;
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—
“(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.
“(b) Federal program.—
“(1) ESTABLISHMENT.—Not later than 60 days after the date of enactment of the Infrastructure Investment and Jobs Act, the Secretary shall establish a program to plug, remediate, and reclaim orphaned wells located on Federal land.
“(2) INCLUDED ACTIVITIES.—The program under this subsection shall—
“(A) include a method of—
“(B) distribute funding in accordance with the priorities established under subparagraph (A)(ii) for—
“(C) provide a public accounting of the costs of plugging, remediation, and reclamation for each orphaned well;
“(D) seek to determine the identities of potentially responsible parties associated with the orphaned well (or a surety or guarantor of such a party), to the extent such information can be ascertained, and make efforts to obtain reimbursement for expenditures to the extent practicable;
“(3) IDLED WELLS.—The Secretary, acting through the Director of the Bureau of Land Management, shall—
“(c) Funding for state programs.—
“(2) ACTIVITIES.—
“(A) IN GENERAL.—A State may use funding provided under this subsection for any of the following purposes:
“(iv) To make information regarding the use of funds received under this subsection available on a public website.
“(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.
“(3) INITIAL GRANTS.—
“(A) IN GENERAL.—Subject to the availability of appropriations, the Secretary shall distribute—
“(i) not more than $25,000,000 to each State that submits to the Secretary, by not later than 180 days after the date of enactment of the Infrastructure Investment and Jobs Act, a request for funding under this clause, including—
“(I) an estimate of the number of jobs that will be created or saved through the activities proposed to be funded; and
“(B) DISTRIBUTION.—Subject to the availability of appropriations, the Secretary shall distribute funds to a State under this paragraph by not later than the date that is 30 days after the date on which the State submits to the Secretary the certification required under clause (i)(II) or (ii)(III) of subparagraph (A), as applicable.
“(4) FORMULA GRANTS.—
“(A) ESTABLISHMENT.—
“(i) IN GENERAL.—The Secretary shall establish a formula for the distribution to each State described in clause (ii) of funds under this paragraph.
“(ii) DESCRIPTION OF STATES.—A State referred to in clause (i) is a State that, by not later than 45 days after the date of enactment of the Infrastructure Investment and Jobs Act, submits to the Secretary a notice of the intent of the State to submit an application under subparagraph (B), including a description of the factors described in clause (iii) with respect to the State.
“(B) APPLICATION.—To be eligible to receive a formula grant under this paragraph, a State shall submit to the Secretary an application that includes—
“(i) a description of—
“(I) the State program for orphaned well plugging, remediation, and restoration, including legal authorities, processes used to identify and prioritize orphaned wells, procurement mechanisms, and other program elements demonstrating the readiness of the State to carry out proposed activities using the grant;
“(ii) an estimate of—
“(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;
“(C) DISTRIBUTION.—Subject to the availability of appropriations, the Secretary shall distribute funds to a State under this paragraph by not later than the date that is 60 days after the date on which the State submits to the Secretary a completed application under subparagraph (B).
“(D) DEADLINE FOR EXPENDITURE.—A State that receives funds under this paragraph shall reimburse the Secretary in an amount equal to the amount of the funds that remain unobligated on the date that is 5 years after the date of receipt of the funds.
“(5) PERFORMANCE GRANTS.—
“(B) APPLICATION.—To be eligible to receive a grant under this paragraph, a State shall submit to the Secretary an application including—
“(C) DISTRIBUTION.—Subject to the availability of appropriations, the Secretary shall distribute funds to a State under this paragraph by not later than the date that is 60 days after the date on which the State submits to the Secretary a completed application under subparagraph (B).
“(D) CONSULTATION.—In making a determination under this paragraph regarding the eligibility of a State to receive a grant under subparagraph (E) or (F), the Secretary shall consult with—
“(E) REGULATORY IMPROVEMENT GRANTS.—
“(i) IN GENERAL.—Beginning on the date that is 180 days after the date on which an initial grant is provided to a State under paragraph (3), the Secretary shall, subject to the availability of appropriations, provide to the State a regulatory improvement grant under this subparagraph, if the State meets, during the 10-year period ending on the date on which the State submits to the Secretary an application under subparagraph (B), 1 of the following criteria:
“(ii) LIMITATIONS.—
“(iii) REIMBURSEMENT FOR FAILURE TO MAINTAIN PROTECTIONS.—A State that receives a grant under this subparagraph shall reimburse the Secretary in an amount equal to the amount of the grant in any case in which, during the 10-year period beginning on the date of receipt of the grant, the State enacts a law or regulation that, if in effect on the date of submission of the application under subparagraph (B), would have prevented the State from being eligible to receive the grant under clause (i).
“(F) MATCHING GRANTS.—
“(i) IN GENERAL.—Beginning on the date that is 180 days after the date on which an initial grant is provided to a State under paragraph (3), the Secretary shall, subject to the availability of appropriations, provide to the State funding, in an amount equal to the difference between—
“(I) the average annual amount expended by the State during the period of fiscal years 2010 through 2019—
“(d) Tribal orphaned well site plugging, remediation, and restoration.—
“(2) ELIGIBLE ACTIVITIES.—
“(A) IN GENERAL.—An Indian Tribe may use a grant received under this subsection—
“(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;
“(3) FACTORS FOR CONSIDERATION.—In determining whether to provide to an Indian Tribe a grant under this subsection, the Secretary shall take into consideration—
“(4) APPLICATION.—To be eligible to receive a grant under this subsection, an Indian Tribe shall submit to the Secretary an application that includes—
“(A) a description of—
“(i) the Tribal program for orphaned well plugging, remediation, and restoration, including legal authorities, processes used to identify and prioritize orphaned wells, procurement mechanisms, and other program elements demonstrating the readiness of the Indian Tribe to carry out the proposed activities, or plans to develop such a program; and
“(5) DISTRIBUTION.—Subject to the availability of appropriations, the Secretary shall distribute funds to an Indian Tribe under this subsection by not later than the date that is 60 days after the date on which the Indian Tribe submits to the Secretary a completed application under paragraph (4).
“(6) DEADLINE FOR EXPENDITURE.—An Indian Tribe that receives funds under this subsection shall reimburse the Secretary in an amount equal to the amount of the funds that remain unobligated on the date that is 5 years after the date of receipt of the funds, except for cases in which the Secretary has granted the Indian Tribe an extended deadline for completion of the eligible activities after consultation.
“(7) DELEGATION TO SECRETARY IN LIEU OF A GRANT.—
“(e) Technical assistance.—The Secretary of Energy, in cooperation with the Secretary and the Interstate Oil and Gas Compact Commission, shall provide technical assistance to the Federal land management agencies and oil and gas producing States and Indian Tribes to support practical and economical remedies for environmental problems caused by orphaned wells on Federal land, Tribal land, and State and private land, including the sharing of best practices in the management of oil and gas well inventories to ensure the availability of funds to plug, remediate, and restore oil and gas well sites on cessation of operation.
“(f) Report to congress.—Not later than 1 year after the date of enactment of the Infrastructure Investment and Jobs Act, and not less frequently than annually thereafter, the Secretary shall submit to the Committees on Appropriations and Energy and Natural Resources of the Senate and the Committees on Appropriations and Natural Resources of the House of Representatives a report describing the program established and grants awarded under this section, including—
“(1) an updated inventory of wells located on Federal land, Tribal land, and State and private land that are—
“(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—
“(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
“(h) Authorization of appropriations.—There are authorized to be appropriated for fiscal year 2022, to remain available until September 30, 2030:
(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)).
(c) Covered activities.—Grants under subsection (b)(1) shall only be used for activities described in subsections (a) and (b) of section 403 and section 410 of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1233, 1240).
(d) Allocation.—
(1) IN GENERAL.—Subject to subsection (e), the Secretary of the Interior shall allocate and distribute amounts made available for grants under subsection (b)(1) to States and Indian Tribes on an equal annual basis over a 15-year period beginning on the date of enactment of this Act, based on the number of tons of coal historically produced in the States or from the applicable Indian land before August 3, 1977, regardless of whether the State or Indian Tribe is certified under section 411(a) of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1240a(a)).
(2) SURFACE MINING CONTROL AND RECLAMATION ACT EXCEPTION.—Section 401(f)(3)(B) of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1231(f)(3)(B)) shall not apply to grant funds distributed under subsection (b)(1).
(3) REPORT TO CONGRESS ON ALLOCATIONS.—
(A) IN GENERAL.—Not later than 6 years after the date on which the first allocation to States and Indian Tribes is made under paragraph (1), the Secretary of the Interior shall submit to Congress a report that describes any progress made under this section in addressing outstanding reclamation needs under subsection (a) or (b) of section 403 or section 410 of the Surface Mining Control and Reclamation and Act of 1977 (30 U.S.C. 1233, 1240).
(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)).
(a) Amount.—Section 402(a) of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1232(a)) is amended—
(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”.
Section 401(f)(2) of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1231(f)(2)) is amended—
(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:
(d) Eligible activities.—
(1) IN GENERAL.—Amounts made available to carry out this section shall be used to inventory, assess, decommission, reclaim, respond to hazardous substance releases on, and remediate abandoned hardrock mine land based on the priorities described in subsection (a).
(2) EXCLUSION.—Amounts made available to carry out this section may not be used to fulfill obligations under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.) agreed to in a legal settlement or imposed by a court, whether for payment of funds or for work to be performed.
(e) Authorization of appropriations.—
(a) Establishment.—Public Law 88–657 (16 U.S.C. 532 et seq.) (commonly known as the “Forest Roads and Trails Act”) is amended by adding at the end the following:
“SEC. 8. Forest Service Legacy Road and Trail Remediation Program.
“(a) Establishment.—The Secretary shall establish the Forest Service Legacy Road and Trail Remediation Program (referred to in this section as the ‘Program’).
“(b) Activities.—In carrying out the Program, the Secretary shall, taking into account foreseeable changes in weather and hydrology—
“(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—
“(3) prepare previously closed National Forest System roads for long-term storage, in accordance with subsections (c)(1) and (d), in a manner that—
“(4) decommission previously closed National Forest System roads and trails in accordance with subsections (c)(1) and (d);
“(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—
“(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
“(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—
“(B) REQUIREMENT.—Each project carried out under the Program shall be on a National Forest System road or trail, except with respect to—
“(ii) a project carried out on a watershed for which the Secretary has entered into a cooperative agreement under section 323 of the Department of the Interior and Related Agencies Appropriations Act, 1999 (16 U.S.C. 1011a).
“(2) ANNUAL SELECTION OF PROJECTS FOR FUNDING.—The Secretary shall—
“(A) establish a process for annually selecting projects for funding under the Program, consistent with the requirements of this section;
“(B) solicit and consider public input regionally in the ranking of projects for funding under the Program;
“(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—
“(B) provides for intensive use, protection, development, and management of the land under principles of multiple use and sustained yield of products and services;
(a) In general.—Not later than 1 year after the date of enactment of this Act, the Secretary of the Interior, acting through the Director of the Office of Surface Mining Reclamation and Enforcement, shall conduct, and submit to Congress a report describing the results of, a study on the feasibility of revegetating reclaimed mined sites.
(b) Inclusions.—The report submitted under subsection (a) shall include—
(1) recommendations for how a program could be implemented through the Office of Surface Mining Reclamation and Enforcement to revegetate reclaimed mined sites;
(2) identifications of reclaimed mine sites that would be suitable for inclusion in such a program, including sites on land that—
(A) is subject to title IV of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1231 et seq.); and
(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
(a) Authorization of appropriations.—There is authorized to be appropriated to the Secretary of the Interior and the Secretary of Agriculture, acting through the Chief of the Forest Service, for the activities described in subsection (c), $3,369,200,000 for the period of fiscal years 2022 through 2026.
(b) Treatment.—Of the Federal land or Indian forest land or rangeland that has been identified as having a very high wildfire hazard potential, the Secretary of the Interior and the Secretary of Agriculture, acting through the Chief of the Forest Service, shall, by not later than September 30, 2027, conduct restoration treatments and improve the Fire Regime Condition Class of 10,000,000 acres that are located in—
(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—
(2) $600,000,000 shall be made available for the salaries and expenses of Federal wildland firefighters in accordance with subsection (d), of which—
(3) $10,000,000 shall be made available to the Secretary of the Interior to acquire technology and infrastructure for each Type I and Type II incident management team to maintain interoperability with respect to the radio frequencies used by any responding agency;
(4) $30,000,000 shall be made available to the Secretary of Agriculture to provide financial assistance to States, Indian Tribes, and units of local government to establish and operate Reverse-911 telecommunication systems;
(5) $50,000,000 shall be made available to the Secretary of the Interior to establish and implement a pilot program to provide to local governments financial assistance for the acquisition of slip-on tanker units to establish fleets of vehicles that can be quickly converted to be operated as fire engines;
(6) $1,200,000 shall be made available to the Secretary of Agriculture, in coordination with the Secretary of the Interior, to develop and publish, not later than 180 days after the date of enactment of this Act, and every 5 years thereafter, a map depicting at-risk communities (as defined in section 101 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6511)), including Tribal at-risk communities;
(7) $100,000,000 shall be made available to the Secretary of the Interior and the Secretary of Agriculture—
(8) $20,000,000 shall be made available to the Secretary of Agriculture to enter into an agreement with a Southwest Ecological Restoration Institute established under the Southwest Forest Health and Wildfire Prevention Act of 2004 (16 U.S.C. 6701 et seq.)—
(A) to compile and display existing data, including geographic data, for hazardous fuel reduction or wildfire prevention treatments undertaken by the Secretary of the Interior or the Secretary of Agriculture, including treatments undertaken with funding provided under this title;
(B) to compile and display existing data, including geographic data, for large wildfires, as defined by the National Wildfire Coordinating Group, that occur in the United States;
(C) to facilitate coordination and use of existing and future interagency fuel treatment data, including geographic data, for the purposes of—
(D) to publish a report every 5 years showing the extent to which treatments described in subparagraph (A) and previous wildfires affect the boundaries of wildfires, categorized by—
(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—
(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—
(12) $500,000,000 shall be made available to the Secretary of Agriculture, in cooperation with States, to award community wildfire defense grants to at-risk communities in accordance with subsection (f);
(13) $500,000,000 shall be made available for planning and conducting prescribed fires and related activities, of which—
(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—
(15) $200,000,000 shall be made available for contracting or employing crews of laborers to modify and remove flammable vegetation on Federal land and for using materials from treatments, to the extent practicable, to produce biochar and other innovative wood products, including through the use of existing locally based organizations that engage young adults, Native youth, and veterans in service projects, such as youth and conservation corps, of which—
(16) $200,000,000 shall be made available for post-fire restoration activities that are implemented not later than 3 years after the date that a wildland fire is contained, of which—
(18) $10,000,000 shall be available to the Secretary of the Interior and the Secretary of Agriculture for the procurement and placement of wildfire detection and real-time monitoring equipment, such as sensors, cameras, and other relevant equipment, in areas at risk of wildfire or post-burned areas.
(d) Wildland firefighters.—
(1) IN GENERAL.—Subject to the availability of appropriations, not later than 180 days after the date of enactment of this Act, the Secretary of the Interior and the Secretary of Agriculture shall, using the amounts made available under subsection (c)(2), coordinate with the Director of the Office of Personnel Management to develop a distinct “wildland firefighter” occupational series.
(2) HAZARDOUS DUTY DIFFERENTIAL NOT AFFECTED.—Section 5545(d)(1) of title 5, United States Code, is amended by striking “except” and all that follows through “and” at the end and inserting the following: “except—
(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—
(4) PERMANENT EMPLOYEES; INCREASE IN SALARY.—Using the amounts made available under subsection (c)(2), beginning October 1, 2021, the Secretary of the Interior and the Secretary of Agriculture shall—
(A) seek to convert not fewer than 1,000 seasonal wildland firefighters to wildland firefighters that—
(B) increase the base salary of a Federal wildland firefighter by the lesser of an amount that is commensurate with an increase of $20,000 per year or an amount equal to 50 percent of the base salary, if the Secretary concerned, in coordination with the Director of the Office of Personnel Management, makes a written determination that the position of the Federal wildland firefighter is located within a specified geographic area in which it is difficult to recruit or retain a Federal wildland firefighter.
(5) NATIONAL WILDFIRE COORDINATING GROUP.—Using the amounts made available under subsection (c)(2), not later than October 1, 2022, the Secretary of the Interior and the Secretary of Agriculture shall—
(e) Collaborative forest landscape restoration program.—Subject to the availability of appropriations, not later than 180 days after the date of enactment of this Act, the Secretary of Agriculture shall, using the amounts made available under subsection (c)(10)—
(1) solicit new project proposals under the Collaborative Forest Landscape Restoration Program established under section 4003 of the Omnibus Public Land Management Act of 2009 (16 U.S.C. 7303) (referred to in this subsection as the “Program”);
(2) provide up to 5 years of additional funding of any proposal originally selected for funding under the Program prior to September 30, 2018—
(A) that has been approved for an extension of funding by the Secretary of Agriculture prior to the date of enactment of this Act; or
(B) that has been recommended for an extension of funding by the advisory panel established under section 4003(e) of the Omnibus Public Land Management Act of 2009 (16 U.S.C. 7303(e)) prior to the date of enactment of this Act that the Secretary of Agriculture subsequently approves; and
(3) select project proposals for funding under the Program in a manner that—
(B) takes into consideration—
(f) Community wildfire defense grant program.—
(1) ESTABLISHMENT.—Subject to the availability of appropriations, not later than 180 days after the date of enactment of this Act, the Secretary of Agriculture shall, using amounts made available under subsection (c)(12), establish a program, which shall be separate from the program established under section 203 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5133), under which the Secretary of Agriculture, in cooperation with the States, shall award grants to at-risk communities, including Indian Tribes—
(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—
(3) COMMUNITY WILDFIRE DEFENSE GRANTS.—
(B) COST SHARING REQUIREMENT.—
(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—
(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;
(5) for which funding would be committed to decommission all temporary roads constructed to carry out the project; and
(6) that fully maintain or contribute toward the restoration of the structure and composition of old growth stands consistent with the characteristics of that forest type, taking into account the contribution of the old growth stand to landscape fire adaption and watershed health, unless the old growth stand is part of a science-based ecological restoration project authorized by the Secretary concerned that meets applicable protection and old growth enhancement objectives, as determined by the Secretary concerned.
(h) Reports.— The Secretary of the Interior and the Secretary of Agriculture, acting through the Chief of the Forest Service, shall complete and submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives an annual report describing the number of acres of land on which projects carried out using funds made available under this section improved the Fire Regime Condition Class of the land described in subsection (b).
(i) Wildfire prevention study.—
(1) IN GENERAL.—Not later than 180 days after the date of enactment of this Act, the Secretary of Agriculture shall initiate a study of the construction and maintenance of a system of strategically placed fuelbreaks to control wildfires in western States.
(3) DETERMINATION.—Not later than 90 days after the date of completion of the study under paragraph (1), the Secretary of Agriculture shall determine whether to initiate the preparation of a programmatic environmental impact statement implementing the system described in that paragraph in appropriate locations.
(j) Monitoring, maintenance, and treatment plan and strategy.—
(1) IN GENERAL.—Not later than 120 days after the date of enactment of this Act, the Secretary of Agriculture and the Secretary of the Interior shall establish a 5-year monitoring, maintenance, and treatment plan that—
(A) describes activities under subsection (c) that the Secretary of Agriculture and the Secretary of the Interior will take to reduce the risk of wildfire by conducting restoration treatments and improving the Fire Regime Condition Class of 10,000,000 acres of Federal land or Tribal Forest land or rangeland that is identified as having very high wildfire hazard potential, not including annual treatments otherwise scheduled;
(B) establishes a process for prioritizing treatments in areas and communities at the highest risk of catastrophic wildfires;
(C) includes an innovative plan and process—
(i) to leverage public-private partnerships and resources, shared stewardship agreements, good neighbor agreements, and similar contracting authorities;
(ii) to prioritize projects for which any applicable processes under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) have been completed as of the date of enactment of this Act;
(iv) to develop interagency teams to increase coordination and efficiency under the National Environmental Policy Act of 1969 (42 U.S.C. 4321); and
(2) STRATEGY.—Not later than 5 years after the date of enactment of this Act, the Secretary of Agriculture and the Secretary of the Interior, in coordination with State and local governments, shall publish a long-term, outcome-based monitoring, maintenance, and treatment strategy—
(A) to maintain forest health improvements and wildfire risk reduction accomplished under this section;
(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).
(a) Authorization of appropriations.—There is authorized to be appropriated to the Secretary of the Interior and the Secretary of Agriculture, acting through the Chief of the Forest Service, for the activities described in subsection (b), $2,130,000,000 for the period of fiscal years 2022 through 2026.
(b) Activities.—Of the amounts made available under subsection (a) for the period of fiscal years 2022 through 2026—
(1) $300,000,000 shall be made available, in accordance with subsection (c), to the Secretary of the Interior and the Secretary of Agriculture—
(A) for—
(i) entering into contracts, including stewardship contracts or agreements, the purpose of each of which shall be to restore ecological health on not fewer than 10,000 acres of Federal land, including Indian forest land or rangeland, and for salaries and expenses associated with preparing and executing those contracts; and
(ii) establishing a Working Capital Fund that may be accessed by the Secretary of the Interior or the Secretary of Agriculture to fund requirements of contracts described in clause (i), including cancellation and termination costs, consistent with section 604(h) of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6591c(h)), and periodic payments over the span of the contract period; and
(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—
(3) $400,000,000 shall be made available to the Secretary of Agriculture to provide financial assistance to facilities that purchase and process byproducts from ecosystem restoration projects in accordance with subsection (d);
(4) $400,000,000 shall be made available to the Secretary of the Interior to provide grants to States, territories of the United States, and Indian Tribes for implementing voluntary ecosystem restoration projects on private or public land, in consultation with the Secretary of Agriculture, that—
(5) $50,000,000 shall be made available to the Secretary of Agriculture to award grants to States and Indian Tribes to establish rental programs for portable skidder bridges, bridge mats, or other temporary water crossing structures, to minimize stream bed disturbance on non-Federal land and Federal land;
(6) $200,000,000 shall be made available for invasive species detection, prevention, and eradication, including conducting research and providing resources to facilitate detection of invasive species at points of entry and awarding grants for eradication of invasive species on non-Federal land and on Federal land, of which—
(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—
(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—
(10) $80,000,000 shall be made available to the Secretary of Agriculture, in coordination with the Secretary of the Interior, to establish a collaborative-based, landscape-scale restoration program to restore water quality or fish passage on Federal land, including Indian forest land or rangeland, in accordance with subsection (f).
(c) Ecological health restoration contracts.—
(1) SUBMISSION OF LIST OF PROJECTS TO CONGRESS.—Until the date on which all of the amounts made available to carry out subsection (b)(1)(A)(i) are expended, not later than 90 days before the end of each fiscal year, the Secretary of the Interior and the Secretary of Agriculture shall submit to the Committee on Energy and Natural Resources and the Committee on Appropriations of the Senate and the Committee on Natural Resources and the Committee on Appropriations of the House of Representatives a list of projects to be funded under that subsection in the subsequent fiscal year, including—
(2) ALTERNATE ALLOCATION.—Appropriations Acts may provide for alternate allocation of amounts made available under subsection (b)(1), consistent with the allocations under subparagraph (B) of that subsection.
(3) LACK OF ALTERNATE ALLOCATIONS.—If Congress has not enacted legislation establishing alternate allocations described in paragraph (2) by the date on which the Act making full-year appropriations for the Department of the Interior, Environment, and Related Agencies for the applicable fiscal year is enacted into law, amounts made available under subsection (b)(1)(B) shall be allocated by the President.
(d) Wood products infrastructure.—The Secretary of Agriculture, in coordination with the Secretary of the Interior, shall—
(1) develop a ranking system that categorizes units of Federal land, including Indian forest land or rangeland, with regard to treating areas at risk of unnaturally severe wildfire or insect or disease infestation, as being—
(2) determine, for a unit identified under paragraph (1) as being high or very high priority for ecological restoration involving vegetation removal, if—
(3) in accordance with any conditions the Secretary of Agriculture determines to be necessary, using the amounts made available under subsection (b)(3), provide financial assistance, including a low-interest loan or a loan guarantee, to an entity seeking to establish, reopen, retrofit, expand, or improve a sawmill or other wood-processing facility in close proximity to a unit of Federal land that has been identified under paragraph (1) as high or very high priority for ecological restoration, if the presence of a sawmill or other wood-processing facility would substantially decrease or does substantially decrease the cost of conducting ecological restoration projects involving vegetation removal on the unit of Federal land, including Indian forest land or rangeland, as determined under paragraph (2)(B); and
(4) to the extent practicable, when allocating funding to units of Federal land for ecological restoration projects involving vegetation removal, give priority to a unit of Federal land that—
(A) has been identified under paragraph (1) as being high or very high priority for ecological restoration involving vegetation removal; and
(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—
(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.
(f) Collaborative-based, aquatic-focused, landscape-scale restoration program.—Subject to the availability of appropriations, not later than 180 days after the date of enactment of this Act, the Secretary of Agriculture shall, in coordination with the Secretary of the Interior and using the amounts made available under subsection (b)(10)—
(1) solicit collaboratively developed proposals that—
(A) are for 5-year projects to restore fish passage or water quality on Federal land and non-Federal land to the extent allowed under section 323(a) of the Department of the Interior and Related Agencies Appropriations Act, 1999 (16 U.S.C. 1011a(a)), including Indian forest land or rangeland;
(a) Study.—Not later than 6 years after the date of enactment of this Act, the Comptroller General of the United States shall—
(a) Definition of Secretary concerned.—In this section, the term “Secretary concerned” means—
(2) the Secretary of the Interior, with respect to public lands (as defined in section 103 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702)) administered by the Bureau of Land Management.
(b) Categorical exclusion established.—Forest management activities described in subsection (c) are a category of actions designated as being categorically excluded from the preparation of an environmental assessment or an environmental impact statement under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) if the categorical exclusion is documented through a supporting record and decision memorandum.
(c) Forest management activities designated for categorical exclusion.—
(1) IN GENERAL.—The category of forest management activities designated under subsection (b) for a categorical exclusion are forest management activities described in paragraph (2) that are carried out by the Secretary concerned on public lands (as defined in section 103 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702)) administered by the Bureau of Land Management or National Forest System land the primary purpose of which is to establish and maintain linear fuel breaks that are—
(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—
(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—
(d) Acreage and location limitations.—Treatments of vegetation in linear fuel breaks covered by the categorical exclusion established under subsection (b)—
(e) Roads.—
(1) PERMANENT ROADS.—A project under this section shall not include the establishment of permanent roads.
(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:
(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))).
(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.
(2) AUTHORIZED EMERGENCY ACTIONS.—After making an emergency situation determination with respect to National Forest System land, the Secretary may carry out authorized emergency actions on that National Forest System land in order to achieve reliefs from hazards threatening human health and safety or mitigation of threats to natural resources on National Forest System land or adjacent land, including through—
(C) the commercial and noncommercial sanitation harvest of trees to control insects or disease, including trees already infested with insects or disease;
(c) Environmental analysis.—
(1) ENVIRONMENTAL ASSESSMENT OR ENVIRONMENTAL IMPACT STATEMENT.—If the Secretary determines that an authorized emergency action requires an environmental assessment or an environmental impact statement pursuant to section 102(2) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)), the Secretary shall study, develop, and describe—
(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).
(d) Administrative review of authorized emergency actions.—An authorized emergency action carried out under this section shall not be subject to objection under the predecisional administrative review processes established under section 105 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6515) and section 428 of the Department of the Interior, Environment, and Related Agencies Appropriations Act, 2012 (16 U.S.C. 6515 note; Public Law 112–74).
(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.
(3) PROGRAM.—The term “Program” means the Joint Chiefs Landscape Restoration Partnership program established under subsection (b)(1).
(5) WILDLAND-URBAN INTERFACE.—The term “wildland-urban interface” has the meaning given the term in section 101 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6511).
(b) Establishment.—
(1) IN GENERAL.—The Secretary shall establish a Joint Chiefs Landscape Restoration Partnership program to improve the health and resilience of forest landscapes across National Forest System land and State, Tribal, and private land.
(2) ADMINISTRATION.—The Secretary shall administer the Program by coordinating eligible activities conducted on National Forest System land and State, Tribal, or private land across a forest landscape to improve the health and resilience of the forest landscape by—
(A) assisting producers and landowners in implementing eligible activities on eligible private or Tribal land using the applicable programs and authorities administered by the Chief of the Natural Resources Conservation Service under title XII of the Food Security Act of 1985 (16 U.S.C. 3801 et seq.), not including the conservation reserve program established under subchapter B of chapter 1 of subtitle D of that title (16 U.S.C. 3831 et seq.); and
(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—
(e) Outreach.—The Secretary shall provide—
(f) Exclusions.—An eligible activity may not be carried out under the Program—
(g) Accountability.—
(1) INITIAL REPORT.—Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to Congress a report providing recommendations to Congress relating to the Program, including a review of—
(2) ADDITIONAL REPORTS.—For each of fiscal years 2022 and 2023, the Chiefs shall submit to the Committee on Agriculture, Nutrition, and Forestry and the Committee on Appropriations of the Senate and the Committee on Agriculture and the Committee on Appropriations of the House of Representatives a report describing projects for which funding is provided under the Program, including the status and outcomes of those projects.
(h) Funding.—
(1) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to the Secretary to carry out the Program $90,000,000 for each of fiscal years 2022 and 2023.
(2) ADDITIONAL FUNDS.—In addition to the funds described in paragraph (1), the Secretary may obligate available funds from accounts used to carry out the existing Joint Chiefs’ Landscape Restoration Partnership prior to the date of enactment of this Act to carry out the Program.
(3) DURATION OF AVAILABILITY.—Funds made available under paragraph (1) shall remain available until expended.
(4) DISTRIBUTION OF FUNDS.—Of the funds made available under paragraph (1)—
(A) not less than 40 percent shall be allocated to carry out eligible activities through the Natural Resources Conservation Service;
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—
(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
(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—
(B) selected for funding under the program authorized pursuant to section 4(a) of the Water Desalination Act of 1996 (42 U.S.C. 10301 note; Public Law 104–298), with funding to be made available under this paragraph in accordance with that subsection, notwithstanding section 4013 of the Water Infrastructure Improvements for the Nation Act (43 U.S.C. 390b note; Public Law 114–322), except that paragraph (2)(F) of section 4(a) of the Water Desalination Act of 1996 (42 U.S.C. 10301 note; Public Law 104–298) (as redesignated by section 40908) shall not apply to amounts made available under this paragraph;
(6) $500,000,000 for the safety of dams program, in accordance with the Reclamation Safety of Dams Act of 1978 (43 U.S.C. 506 et seq.);
(7) $400,000,000 for WaterSMART grants in accordance with section 9504 of the Omnibus Public Land Management Act of 2009 (42 U.S.C. 10364), of which $100,000,000 shall be made available for projects that would improve the condition of a natural feature or nature-based feature (as those terms are defined in section 9502 of the Omnibus Public Land Management Act of 2009 (42 U.S.C. 10362));
(8) subject to section 40906, $300,000,000 for implementing the Colorado River Basin Drought Contingency Plan, consistent with the obligations of the Secretary under the Colorado River Drought Contingency Plan Authorization Act (Public Law 116–14; 133 Stat. 850) and related agreements, of which $50,000,000 shall be made available for use in accordance with the Drought Contingency Plan for the Upper Colorado River Basin;
(9) $100,000,000 to provide financial assistance for watershed management projects in accordance with subtitle A of title VI of the Omnibus Public Land Management Act of 2009 (16 U.S.C. 1015 et seq.);
(10) $250,000,000 for design, study, and construction of aquatic ecosystem restoration and protection projects in accordance with section 1109 of division FF of the Consolidated Appropriations Act, 2021 (Public Law 116–260);
(11) $100,000,000 for multi-benefit projects to improve watershed health in accordance with section 40907; and
(12) $50,000,000 for endangered species recovery and conservation programs in the Colorado River Basin in accordance with—
(C) subtitle E of title IX of the Omnibus Public Land Management Act of 2009 (Public Law 111–11; 123 Stat. 1327).
(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
(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—
(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
(b) Cost-sharing requirement.—
(1) IN GENERAL.—The Federal share—
(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) 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.).
(a) Establishment of a competitive grant program for small water storage and groundwater storage projects.—The Secretary shall establish a competitive grant program, under which the non-Federal project sponsor of any project in a Reclamation State, including the State of Alaska or Hawaii, determined by the Secretary to be feasible under subsection (b)(2)(B) shall be eligible to apply for funding for the planning, design, and construction of the project.
(b) Eligibility and selection.—
(1) SUBMISSION TO THE SECRETARY.—
(A) IN GENERAL.—A non-Federal project sponsor described in subsection (a) may submit to the Secretary a proposal for a project eligible to receive a grant under this section in the form of a completed feasibility study.
(2) REVIEW BY THE SECRETARY.—The Secretary shall review each feasibility study received under paragraph (1)(A) for the purpose of determining whether—
(A) the feasibility study, and the process under which the study was developed, each comply with Federal laws (including regulations) applicable to feasibility studies of small storage projects;
(3) SUBMISSION TO CONGRESS.—Not later than 180 days after the date of receipt of a feasibility study received under paragraph (1)(A), the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report that describes—
(A) the results of the review of the study by the Secretary under paragraph (2), including a determination of whether the project is feasible and provides a Federal benefit;
(4) ELIGIBILITY FOR FUNDING.—
(A) IN GENERAL.—The non-Federal project sponsor of any project determined by the Secretary to be feasible under paragraph (3)(A) shall be eligible to apply to the Secretary for a grant to cover the Federal share of the costs of planning, designing, and constructing the project pursuant to subsection (c).
(5) PRIORITY.—In awarding grants to projects under this section, the Secretary shall give priority to projects that meet 1 or more of the following criteria:
(A) Projects that are likely to provide a more reliable water supply for States, Indian Tribes, and local governments, including subdivisions of those entities.
(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—
(d) Environmental laws.—In providing funding for a grant for a project under this section, the Secretary shall comply with all applicable environmental laws, including the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(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—
(2) USE OF FUNDS.—Rehabilitation, repair, and replacement activities for a transferred or reserved work using amounts made available under section 40901(2)(A) may be used for the entire transferred or reserved work, regardless of whether the critical failure was limited to a single project of the overall work.
(3) NONREIMBURSABLE FUNDS.—Notwithstanding section 9603(b) of the Omnibus Public Land Management Act of 2009 (43 U.S.C. 510b(b)), amounts made available to a reserved or transferred work under section 40901(2)(A) shall be nonreimbursable to the United States.
(b) Carey act projects.—The Secretary shall use amounts made available under section 40901(2)(B) to fund the rehabilitation, reconstruction, or replacement of a dam—
(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);
(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;
(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—
(d) Project evaluation.—The Secretary may provide a grant to an eligible project under the program if—
(1) the eligible entity determines through the preparation of a feasibility study or equivalent study, and the Secretary concurs, that the eligible project—
(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:
(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.
(f) Federal assistance.—
(1) FEDERAL COST SHARE.—The Federal share of the cost of any project provided a grant under the program shall not exceed 25 percent of the total cost of the eligible project.
(2) TOTAL DOLLAR CAP.—The Secretary shall not impose a total dollar cap on Federal contributions for all eligible individual projects provided a grant under the program.
(3) NONREIMBURSABLE FUNDS.—Any funds provided by the Secretary to an eligible entity under the program shall be considered nonreimbursable.
(4) FUNDING ELIGIBILITY.—An eligible project shall not be considered ineligible for assistance under the program because the eligible project has received assistance under—
(A) the Reclamation Wastewater and Groundwater Study and Facilities Act (43 U.S.C. 390h et seq.);
(B) section 4(a) of the Water Desalination Act of 1996 (42 U.S.C. 10301 note; Public Law 104–298) for eligible desalination projects; or
(C) section 1602(e) of the Reclamation Wastewater and Groundwater Study and Facilities Act (43 U.S.C. 390h(e)).
(g) Environmental laws.—In providing a grant for an eligible project under the program, the Secretary shall comply with all applicable environmental laws, including the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(h) Guidance.—Not later than 1 year after the date of enactment of this Act, the Secretary shall issue guidance on the implementation of the program, including guidelines for the preparation of feasibility studies or equivalent studies by eligible entities.
(i) Reports.—
(1) ANNUAL REPORT.—At the end of each fiscal year, the Secretary shall make available on the website of the Department of the Interior an annual report that lists each eligible project for which a grant has been awarded under this section during the fiscal year.
(2) COMPTROLLER GENERAL.—
(A) ASSESSMENT.—The Comptroller General of the United States shall conduct an assessment of the administrative establishment, solicitation, selection, and justification process with respect to the funding of grants under this section.
(B) REPORT.—Not later than 1 year after the date of the initial award of grants under this section, the Comptroller General shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report that describes—
(a) In general.—Funds made available under section 40901(8) for use in the Lower Colorado River Basin may be used for projects—
(b) Establishment of competitive grant program.—Not later than 1 year after the date of enactment of this Act, the Secretary, in consultation with the heads of relevant agencies, shall establish a competitive grant program under which the Secretary shall award grants to eligible applicants for the design, implementation, and monitoring of conservation outcomes of habitat restoration projects that improve watershed health in a river basin that is adversely impacted by a Bureau of Reclamation water project by accomplishing 1 or more of the following:
(c) Requirements.—
(d) Cost-sharing requirement.—The Federal share of the cost of any habitat restoration project that is awarded a grant under subsection (b)—
(2) in the case of a habitat restoration project that provides benefits to ecological or recreational values in which the nonconsumptive water conservation benefit or habitat restoration benefit accounts for at least 75 percent of the cost of the habitat restoration project, as determined by the Secretary, shall not exceed 75 percent of the cost of the habitat restoration project.
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).
(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:
(c) Effective date.—The amendments made by this section shall take effect as if included in the enactment of section 9901 of the American Rescue Plan Act of 2021 (Public Law 117–2; 135 Stat. 223).
(a) In general.—The Secretary, at the request of and in coordination with affected Indian Tribes, States (including subdivisions and departments of a State), or a public agency organized pursuant to State law, may provide technical or financial assistance for, participate in, and enter into agreements (including agreements with irrigation entities) for—
(b) Limitation.—Nothing in this section authorizes additional technical or financial assistance for, or participation in an agreement for, a surface water storage facility to be constructed or expanded.
(c) Requirement.—A construction project shall only be eligible for financial assistance under this section if the project meets the conditions for funding under section 40902(a)(2)(C)(ii).
(d) Cost sharing.—Cost sharing for a project funded under this section shall be in accordance with section 40902(b).
(e) Environmental laws.—In providing funding for a project under this section, the Secretary shall comply with all applicable environmental laws, including —
(1) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);
(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.
(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—
(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—
(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”.
(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)—
(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))—
(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))—
(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))—
(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))—
(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))—
(a) Precommercial.—There is authorized to be appropriated to the Secretary to carry out activities under section 969D(e)(2)(A) of the Energy Policy Act of 2005 (42 U.S.C. 16298d(e)(2)(A)) $15,000,000 for fiscal year 2022.
(b) Commercial.—There is authorized to be appropriated to the Secretary to carry out activities under section 969D(e)(2)(B) of the Energy Policy Act of 2005 (42 U.S.C. 16298d(e)(2)(B)) $100,000,000 for fiscal year 2022.
(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.
(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)).
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))—
(a) Davis-Bacon.—All laborers and mechanics employed by contractors or subcontractors in the performance of construction, alteration, or repair work on a project assisted in whole or in part by funding made available under this division or an amendment made by this division shall be paid wages at rates not less than those prevailing on similar projects in the locality, as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code (commonly referred to as the “Davis-Bacon Act”).
(a) Definitions.—In this section:
(1) COVERED PROJECT.—The term “covered project” means a demonstration project of the Department that—
(b) Establishment.—The Secretary, in coordination with the heads of relevant program offices of the Department, shall establish a program to conduct project management and oversight of covered projects, including by—
(1) conducting evaluations of proposals for covered projects before the selection of a covered project for funding;
(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;
(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;
(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—
(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—
(2) REPORT BY COMPTROLLER GENERAL.—Not later than 3 years after the date of enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Science, Space, and Technology of the House of Representatives a report evaluating the operation of the program, including—
(g) Technical amendment.—Section 1001 of the Energy Policy Act of 2005 (42 U.S.C. 16391) is amended by redesignating the second subsections (f) (relating to planning and reporting) and (g) (relating to additional technology transfer programs) as subsections (h) and (i), respectively.
(a) Definition of full funding amount.—Section 3(11) of the Secure Rural Schools and Community Self-Determination Act of 2000 (16 U.S.C. 7102(11)) is amended by striking subparagraphs (D) and (E) and inserting the following:
“(D) for fiscal year 2017, the amount that is equal to 95 percent of the full funding amount for fiscal year 2015;
(b) Secure payments for States and counties containing Federal land.—
(1) SECURE PAYMENTS.—Section 101 of the Secure Rural Schools and Community Self-Determination Act of 2000 (16 U.S.C. 7111) is amended, in subsections (a) and (b), by striking “2015, 2017, 2018, 2019, and 2020” each place it appears and inserting “2015 and 2017 through 2023”.
(2) DISTRIBUTION OF PAYMENTS TO ELIGIBLE COUNTIES.—Section 103(d)(2) of the Secure Rural Schools and Community Self-Determination Act of 2000 (16 U.S.C. 7113(d)(2)) is amended by striking “2020” and inserting “2023”.
(c) Pilot program To streamline nomination of members of resource advisory committees.—Section 205 of the Secure Rural Schools and Community Self-Determination Act of 2000 (16 U.S.C. 7125) is amended by striking subsection (g) and inserting the following:
“(g) Resource advisory committee appointment pilot programs.—
“(1) DEFINITIONS.—In this subsection:
“(2) ESTABLISHMENT OF PILOT PROGRAMS.—In accordance with paragraphs (3) and (4), the Secretary concerned shall carry out 2 pilot programs to appoint members of resource advisory committees.
“(3) REGIONAL PILOT PROGRAM.—
“(A) IN GENERAL.—The Secretary concerned shall carry out a regional pilot program to allow an applicable designee to appoint members of resource advisory committees.
“(B) GEOGRAPHIC LIMITATION.—The regional pilot program shall only apply to resource advisory committees chartered in—
“(C) RESPONSIBILITIES OF APPLICABLE DESIGNEE.—
“(i) REVIEW.—Before appointing a member of a resource advisory committee under the regional pilot program, an applicable designee shall conduct the review and analysis that would otherwise be conducted for an appointment to a resource advisory committee if the regional pilot program was not in effect, including any review and analysis with respect to civil rights and budgetary requirements.
“(4) NATIONAL PILOT PROGRAM.—
“(A) IN GENERAL.—The Secretary concerned shall carry out a national pilot program to allow the Chief of the Forest Service or the Director of the Bureau of Land Management, as applicable, to submit to the Secretary concerned nominations of individuals for appointment as members of resource advisory committees.
“(B) APPOINTMENT.—Under the national pilot program, subject to subparagraph (C), not later than 30 days after the date on which a nomination is transmitted to the Secretary concerned under subparagraph (A), the Secretary concerned shall—
“(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.
“(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—
(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—
(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—
(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—
(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—
(2) by inserting after section 303 the following:
“SEC. 304. Amounts obligated but unspent; prohibition on use of funds.
“(a) Amounts obligated but unspent.—Any county funds that were obligated by the applicable participating county before October 1, 2017, but are unspent on October 1, 2020—
“(b) Prohibition on use of funds.—Notwithstanding any other provision of law, effective beginning on the date of enactment of the Infrastructure Investment and Jobs Act, no county funds made available under this title may be used by any participating county for any lobbying activity, regardless of the purpose for which the funds are obligated on or before that date.”.
This division may be cited as the “Drinking Water and Wastewater Infrastructure Act of 2021”.
In this division, the term “Administrator” means the Administrator of the Environmental Protection Agency.
Section 1442 of the Safe Drinking Water Act (42 U.S.C. 300j–1) is amended—
(1) in subsection (a), by adding at the end the following:
“(11) Compliance evaluation.—
“(A) IN GENERAL.—Not later than 1 year after the date of enactment of this paragraph, the Administrator shall—
“(i) evaluate, based on the compliance data found in the Safe Drinking Water Information System of the Administrator, the compliance of community water systems and wastewater systems with environmental, health, and safety requirements under this title, including water quality sampling, testing, and reporting requirements; and
“(ii) submit to Congress a report describing trends seen as a result of the evaluation under clause (i), including trends that demonstrate how the characteristics of community water systems and wastewater systems correlate to trends in compliance or noncompliance with the requirements described in that clause.
(2) in subsection (b), in the first sentence—
(6) by inserting after subsection (e) the following:
(a) Drinking water State revolving funds capitalization grant reauthorization.—Section 1452 of the Safe Drinking Water Act (42 U.S.C. 300j–12) is amended—
(1) in subsection (a)(4)(A), by striking “During fiscal years 2019 through 2023, funds” and inserting “Funds”;
(b) Assistance for disadvantaged communities.—Section 1452(d) of the Safe Drinking Water Act (42 U.S.C. 300j–12(d)) is amended—
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
(a) Existing programs.—Section 1459A of the Safe Drinking Water Act (42 U.S.C. 300j–19a) is amended—
(1) in subsection (b)(2)—
(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;
(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:
(5) in subsection (l)—
(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”;
(D) by inserting after paragraph (4) the following:
“(5) FEDERAL SHARE FOR SMALL, RURAL, AND DISADVANTAGED COMMUNITIES.—
(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—
“(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)).
“(2) ESTABLISHMENT.—Subject to the availability of appropriations, the Administrator shall establish a competitive grant program for the purpose of improving the general welfare under which the Administrator awards grants to eligible entities to provide funds to assist eligible individuals in covering the costs incurred by the eligible individual in connecting the household of the eligible individual to a public water system.
“(3) APPLICATION.—An eligible entity seeking a grant under the program shall submit to the Administrator an application at such time, in such manner, and containing such information as the Administrator may require.
“(4) VOLUNTARY CONNECTION.—Before providing funds to an eligible individual for the costs described in paragraph (2), an eligible entity shall ensure and certify to the Administrator that—
(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.
“(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.”.
Section 1459B of the Safe Drinking Water Act (42 U.S.C. 300j–19b) is amended—
(1) in subsection (a)—
(B) in paragraph (2)(A)—
(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
(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
(B) in paragraph (6)—
(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.
“(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.
“(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—
Part E of the Safe Drinking Water Act (42 U.S.C. 300j et seq.) is amended by adding at the end the following:
“SEC. 1459E. Operational sustainability of small public water systems.
“(a) Definitions.—In this section:
“(1) ELIGIBLE ENTITY.—The term ‘eligible entity’ means—
“(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.
“(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—
“(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;
“(d) Additional required information.—Before the award of funds for a grant under the program to a grant recipient, the grant recipient shall submit to the Administrator—
“(1) if the grant recipient is located in a State that has established a State drinking water treatment revolving loan fund under section 1452, a copy of a written agreement between the grant recipient and the State in which the grant recipient agrees to provide a copy of any data collected under the proposed project to the State agency administering the State drinking water treatment revolving loan fund (or a designee); or
“(2) if the grant recipient is located in an area other than a State that has established a State drinking water treatment revolving loan fund under section 1452, a copy of a written agreement between the grant recipient and the Administrator in which the eligible entity agrees to provide a copy of any data collected under the proposed project to the Administrator (or a designee).
“(e) Use of funds.—An eligible entity that receives a grant under the program shall use the grant funds to carry out projects that improve the operational sustainability of 1 or more small systems through—
“(1) the development of a detailed asset inventory, which may include drinking water sources, wells, storage, valves, treatment systems, distribution lines, hydrants, pumps, controls, and other essential infrastructure;
“(5) training in asset management strategies, techniques, and technologies for appropriate staff employed by—
“(f) Cost share.—
Part E of the Safe Drinking Water Act (42 U.S.C. 300j et seq.) (as amended by section 50106) is amended by adding at the end the following:
“SEC. 1459F. Midsize and large drinking water system infrastructure resilience and sustainability program.
“(a) Definitions.—In this section:
“(1) ELIGIBLE ENTITY.—The term ‘eligible entity’ means a public water system that serves a community with a population of 10,000 or more.
“(b) Establishment.—The Administrator shall establish and carry out a program, to be known as the ‘Midsize and Large Drinking Water System Infrastructure Resilience and Sustainability Program’, under which the Administrator, subject to the availability of appropriations for the resilience and sustainability program, shall award grants to eligible entities for the purpose of—
“(c) Use of funds.—An eligible entity may only use grant funds received under the resilience and sustainability program to assist in the planning, design, construction, implementation, operation, or maintenance of a program or project that increases resilience to natural hazards and extreme weather events, or reduces cybersecurity vulnerabilities, through—
“(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—
“(d) Application.—To seek a grant under the resilience and sustainability program, an eligible entity shall submit to the Administrator an application at such time, in such manner, and containing such information as the Administrator may require, including—
“(1) a proposal of the program or project to be planned, designed, constructed, implemented, operated, or maintained by the eligible entity;
“(2) an identification of the natural hazard risks, extreme weather events, or potential cybersecurity vulnerabilities, as applicable, to be addressed by the proposed program or project;
“(3) documentation prepared by a Federal, State, regional, or local government agency of the natural hazard risk, potential cybersecurity vulnerability, or risk for extreme weather events to the area where the proposed program or project is to be located;
“(4) a description of any recent natural hazards, cybersecurity events, or extreme weather events that have affected the community water system of the eligible entity;
“(e) Report.—Not later than 2 years after the date of enactment of this section, the Administrator shall submit to Congress a report that describes the implementation of the resilience and sustainability program, which shall include a description of the use and deployment of amounts made available to carry out the resilience and sustainability program.
“(f) Authorization of appropriations.—
“(1) IN GENERAL.—There is authorized to be appropriated to carry out the resilience and sustainability program $50,000,000 for each of fiscal years 2022 through 2026.
(a) Definitions.—In this section and section 50109:
(1) COMMUNITY WATER SYSTEM.—The term “community water system” has the meaning given the term in section 1401 of the Safe Drinking Water Act (42 U.S.C. 300f).
(2) LARGE WATER SERVICE PROVIDER.—The term “large water service provider” means a community water system, treatment works, or municipal separate storm sewer system that serves more than 100,000 people.
(3) MEDIUM WATER SERVICE PROVIDER.—The term “medium water service provider” means a community water system, treatment works, or municipal separate storm sewer system that serves more than 10,000 people and not more than 100,000 people.
(4) NEED.—The term “need”, with respect to a qualifying household, means the expenditure of a disproportionate amount of household income on access to public drinking water or wastewater services.
(5) QUALIFYING HOUSEHOLD.—The term “qualifying household” means a household that—
(A) includes an individual who is—
(i) the holder of an account for drinking water or wastewater service that is provided to that household by a large water service provider, a medium water service provider, or a rural water service provider; or
(ii) separately billed by a landlord that holds an account with a large water service provider, a medium water service provider, or a rural water service provider for the cost of drinking water or wastewater service provided to that household by the respective large water service provider, medium water service provider, or rural water service provider; and
(B) is determined—
(i) by a large water service provider, a medium water service provider, or a rural water service provider to be eligible for assistance through a low-income ratepayer assistance program;
(ii) by the Governor of the State in which the household is located to be low-income, based on the affordability criteria established by the State under section 1452(d)(3) of the Safe Drinking Water Act (42 U.S.C. 300j–12(d)(3));
(iii) by the Administrator to experience drinking water and wastewater service costs that exceed the metrics of affordability established in the most recent guidance of the Administrator entitled “Financial Capability Assessment Guidance”; or
(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—
(2) AFFORDABILITY INCLUSIONS.—The report under paragraph (1) shall include—
(B) a description of the criteria used in defining “affordable access to water services” under subparagraph (A);
(D) a description of the methodology and criteria used in defining “lack of affordable access to water services” under subparagraph (C);
(E) a determination of the prevalence of a lack of affordable access to water services, as defined under subparagraph (C);
(F) the methodology and criteria used to determine the prevalence of a lack of affordable access to water services under subparagraph (E);
(G) any additional information with respect to the affordable access to water services, as defined under subparagraph (A), provided by rural water service providers, medium water service providers, and large water service providers;
(H) with respect to the development of the report, a consultation with all relevant stakeholders, including rural advocacy associations;
(a) Definitions.—In this section:
(1) ELIGIBLE ENTITY.—The term “eligible entity” means—
(A) a municipality, Tribal government, or other entity that—
(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.
(b) Establishment.—
(1) IN GENERAL.—Not later than 2 years after the date of enactment of this Act, the Administrator shall establish a pilot program to award grants to eligible entities to develop and implement programs to assist qualifying households with need in maintaining access to drinking water and wastewater treatment.
(2) REQUIREMENT.—In establishing the pilot program, the Administrator shall ensure that data from the water services needs assessment directly contributes to the structure of the pilot program by informing the types of assistance and criteria used for priority consideration with the demonstrated need from the study conducted under section 50108(b)(1) and the water services needs assessment.
(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—
(F) debt relief for the eligible entity or the community water system owned by the eligible entity for debt that is due to customer nonpayment for the services provided by the eligible entity or the community water system that is determined by the Administrator to be in the interest of public health.
(6) REQUIREMENT.—The Administrator shall award not more than 40 grants under the pilot program, of which—
(A) not more than 8 shall be to eligible entities that own, operate, or exercise primary enforcement responsibility over a rural water service provider under the Safe Drinking Water Act (42 U.S.C. 300f et seq.) or the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), as applicable;
(B) not more than 8 shall be to eligible entities that own or operate a medium water service provider;
(C) not more than 8 shall be to eligible entities that own or operate a large water service provider that serves not more than 500,000 people;
(D) not more than 8 shall be to eligible entities that own or operate a large water service provider that serves more than 500,000 people; and
(E) not more than 8 shall be to eligible entities that own or operate a community water system, treatment works, or municipal separate storm sewer system that services a disadvantaged community (consistent with the affordability criteria established by the applicable State under section 1452(d)(3) of the Safe Drinking Water Act (42 U.S.C. 300j–12(d)(3)) or section 603(i)(2) of the Federal Water Pollution Control Act (33 U.S.C. 1383(i)(2)), as applicable).
(7) CRITERIA.—In addition to any priority criteria established by the Administrator in response to the findings in the water services needs assessment, in awarding grants under the pilot program, the Administrator shall give priority consideration to eligible entities that—
(A) serve a disproportionate percentage, as determined by the Administrator, of qualifying households with need, as identified in the water services needs assessment;
(B) are subject to State or Federal enforcement actions relating to compliance with the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) or the Safe Drinking Water Act (42 U.S.C. 300f et seq.); or
(8) REPORTING REQUIREMENTS.—
(A) IN GENERAL.—In addition to any other applicable Federal or agency-specific grant reporting requirements, as a condition of receiving a grant under the pilot program, an eligible entity (or a State, on behalf of an eligible entity) shall submit to the Administrator an annual report that summarizes, in a manner determined by the Administrator, the use of grant funds by the eligible entity, including—
(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.
Section 1464 of the Safe Drinking Water Act (42 U.S.C. 300j–24) is amended—
(2) in subsection (d)—
(B) in paragraph (2)—
(i) in subparagraph (A), by striking “the Administrator” and all that follows through the period at the end and inserting the following: “the Administrator shall establish a voluntary school and child care program lead testing, compliance monitoring, and lead reduction grant program to make grants available to—
“(i) States to assist local educational agencies, public water systems that serve schools and child care programs under the jurisdiction of those local educational agencies, and qualified nonprofit organizations in voluntary testing or compliance monitoring for and remediation of lead contamination in drinking water at schools and child care programs under the jurisdiction of those local educational agencies; and
“(ii) tribal consortia to assist tribal education agencies (as defined in section 3 of the National Environmental Education Act (20 U.S.C. 5502)), public water systems that serve schools and child care programs under the jurisdiction of those tribal education agencies, and qualified nonprofit organizations in voluntary testing or compliance monitoring for and remediation of lead contamination in drinking water at schools and child care programs under the jurisdiction of those tribal education agencies.”; and
(ii) in subparagraph (B)—
(I) in the matter preceding clause (i), by inserting “or compliance monitoring for or remediation of lead contamination” after “voluntary testing”;
(IV) by adding at the end the following:
(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)—
(E) in paragraph (6)—
(i) in the matter preceding subparagraph (A)—
(F) in paragraph (7), by striking “testing for” and inserting “testing or compliance monitoring for or remediation of”; and
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)—
(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)).”;
(4) by striking subsection (c) and inserting the following:
“(c) Required projects.—
“(1) IN GENERAL.—If sufficient projects exist, of the funds made available to carry out this section, the Administrator shall use 50 percent to carry out—
“(A) 10 eligible projects described in subsection (b) that are within the Upper Missouri River Basin;
“(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
Part E of the Safe Drinking Water Act (42 U.S.C. 300j et seq.) (as amended by section 50107) is amended by adding at the end the following:
“SEC. 1459G. Advanced drinking water technologies.
“(a) Study.—
“(1) IN GENERAL.—Subject to the availability of appropriations, not later than 1 year after the date of enactment of this section, the Administrator shall carry out a study that examines the state of existing and potential future technology, including technology that could address cybersecurity vulnerabilities, that enhances or could enhance the treatment, monitoring, affordability, efficiency, and safety of drinking water provided by a public water system.
“(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—
“(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).
“(2) ESTABLISHMENT.—The Administrator shall establish a competitive grant program under which the Administrator shall award grants to eligible entities for the purpose of identifying, deploying, or identifying and deploying technologies described in paragraph (1)(A)(ii).
“(3) REQUIREMENTS.—
“(A) APPLICATIONS.—To be eligible to receive a grant under the program, an eligible entity shall submit to the Administrator an application at such time, in such manner, and containing such information as the Administrator may require.
“(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—
Part B of the Safe Drinking Water Act (42 U.S.C. 300g et seq.) is amended by adding at the end the following:
“SEC. 1420A. Cybersecurity support for public water systems.
“(a) Definitions.—In this section:
“(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.
“(b) Identification of and support for public water systems.—
“(1) PRIORITIZATION FRAMEWORK.—
“(A) IN GENERAL.—Not later than 180 days after the date of enactment of this section, the Administrator, in coordination with the Director, shall develop a prioritization framework to identify public water systems (including sources of water for those public water systems) that, if degraded or rendered inoperable due to an incident, would lead to significant impacts on the health and safety of the public.
“(B) CONSIDERATIONS.—In developing the Prioritization Framework, to the extent practicable, the Administrator shall incorporate consideration of—
“(i) whether cybersecurity vulnerabilities for a public water system have been identified under section 1433;
“(ii) the capacity of a public water system to remediate a cybersecurity vulnerability without additional Federal support;
“(2) TECHNICAL CYBERSECURITY SUPPORT PLAN.—
“(A) IN GENERAL.—Not later than 270 days after the date of enactment of this section, the Administrator, in coordination with the Director and using existing authorities of the Administrator and the Director for providing voluntary support to public water systems and the Prioritization Framework, shall develop a Technical Cybersecurity Support Plan for public water systems.
“(B) REQUIREMENTS.—The Support Plan—
“(i) shall establish a methodology for identifying specific public water systems for which cybersecurity support should be prioritized;
“(ii) shall establish timelines for making voluntary technical support for cybersecurity available to specific public water systems;
“(iii) may include public water systems identified by the Administrator, in coordination with the Director, as needing technical support for cybersecurity;
“(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.
Section 1459A(j)(1) of the Safe Drinking Water Act (42 U.S.C. 300j–19a(j)(1)) is amended—
(a) In general.—Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Administrator shall conduct a study on the prevalence of boil water advisories issued in the United States.
(a) Reauthorization.—Section 104(u) of the Federal Water Pollution Control Act (33 U.S.C. 1254(u)) is amended—
(b) Communication.—Each nonprofit organization that receives funding under paragraph (8) of section 104(b) of the Federal Water Pollution Control Act (33 U.S.C. 1254(b)) shall, before using that funding to undertake activities to carry out that paragraph, consult with the State in which the assistance is to be expended or otherwise made available.
(c) Report.—Not later than 2 years after the date of enactment of this Act, the Administrator shall submit to Congress a report that describes the implementation of the grants authorized under subsections (b)(3), (b)(8), and (g) of section 104 of the Federal Water Pollution Control Act (33 U.S.C. 1254), which shall include a description of the grant recipients and grant amounts made available to carry out those subsections.
Title II of the Federal Water Pollution Control Act (33 U.S.C. 1281 et seq.) is amended by adding at the end the following:
“SEC. 222. Wastewater efficiency grant pilot program.
“(a) Establishment.—Subject to the availability of appropriations, the Administrator shall establish a wastewater efficiency grant pilot program (referred to in this section as the ‘pilot program’) to award grants to owners or operators of publicly owned treatment works to carry out projects that create or improve waste-to-energy systems.
“(b) Selection.—
“(c) Use of funds.—
“(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.
Section 220 of the Federal Water Pollution Control Act (33 U.S.C. 1300) is amended—
(5) in subsection (j)—
Section 221 of the Federal Water Pollution Control Act (33 U.S.C. 1301) is amended—
(2) in subsection (d)—
(A) in the second sentence, by striking “The non-Federal share of the cost” and inserting the following:
(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)—
(B) in paragraph (2)—
(ii) by adding at the end the following:
“(B) RURAL OR FINANCIALLY DISTRESSED COMMUNITY ALLOCATION.—
“(i) DEFINITIONS.—In this subparagraph:
“(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—
“(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:
(C) in paragraph (1)(A) (as so designated)—
(D) by adding at the end the following:
“(2) USE OF FUNDS.—Not later than 2 years after the date of enactment of this paragraph, the Administrator shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that describes the implementation of the grant program under this section, which shall include a description of the grant recipients, sources of funds for non-Federal share requirements under subsection (d), and grant amounts made available under the program.”.
Title II of the Federal Water Pollution Control Act (33 U.S.C. 1281 et seq.) (as amended by section 50202) is amended by adding at the end the following:
“SEC. 223. Clean water infrastructure resiliency and sustainability program.
“(a) Definitions.—In this section:
“(b) Establishment.—Subject to the availability of appropriations, the Administrator shall establish a clean water infrastructure resilience and sustainability program under which the Administrator shall award grants to eligible entities for the purpose of increasing the resilience of publicly owned treatment works to a natural hazard or cybersecurity vulnerabilities.
“(c) Use of funds.—An eligible entity that receives a grant under the program shall use the grant funds for planning, designing, or constructing projects (on a system-wide or area-wide basis) that increase the resilience of a publicly owned treatment works to a natural hazard or cybersecurity vulnerabilities through—
“(3) the enhancement of wastewater and stormwater management by increasing watershed preservation and protection, including through the use of—
“(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;
“(d) Application.—To be eligible to receive a grant under the program, an eligible entity shall submit to the Administrator an application at such time, in such manner, and containing such information as the Administrator may require, including—
“(1) a proposal of the project to be planned, designed, or constructed using funds under the program;
“(2) an identification of the natural hazard risk of the area where the proposed project is to be located or potential cybersecurity vulnerability, as applicable, to be addressed by the proposed project;
“(3) documentation prepared by a Federal, State, regional, or local government agency of the natural hazard risk of the area where the proposed project is to be located or potential cybersecurity vulnerability, as applicable, of the area where the proposed project is to be located;
“(4) a description of any recent natural hazard risk of the area where the proposed project is to be located or potential cybersecurity vulnerabilities that have affected the publicly owned treatment works;
“(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.
“(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.
Title II of the Federal Water Pollution Control Act (33 U.S.C. 1281 et seq.) (as amended by section 50205) is amended by adding at the end the following:
“SEC. 224. Small and medium publicly owned treatment works circuit rider program.
“(a) Establishment.—Subject to the availability of appropriations, not later than 180 days after the date of enactment of this section, the Administrator shall establish a circuit rider program (referred to in this section as the ‘circuit rider program’) under which the Administrator shall award grants to qualified nonprofit entities, as determined by the Administrator, to provide assistance to owners and operators of small and medium publicly owned treatment works to carry out the activities described in section 602(b)(13).
“(b) Limitation.—A grant provided under the circuit rider program shall be in an amount that is not more than $75,000.
“(c) Prioritization.—In selecting recipients of grants under the circuit rider program, the Administrator shall give priority to qualified nonprofit entities, as determined by the Administrator, that would serve a community that—
“(d) Communication.—Each qualified nonprofit entity that receives funding under this section shall, before using that funding to undertake activities to carry out this section, consult with the State in which the assistance is to be expended or otherwise made available.
“(e) Report.—Not later than 2 years after the date on which the Administrator establishes the circuit rider program, and every 2 years thereafter, the Administrator shall submit to Congress a report describing—
Title II of the Federal Water Pollution Control Act (33 U.S.C. 1281 et seq.) (as amended by section 50206) is amended by adding at the end the following:
“SEC. 225. Small publicly owned treatment works efficiency grant program.
“(a) Establishment.—Subject to the availability of appropriations, not later than 180 days after the date of enactment of this section, the Administrator shall establish an efficiency grant program (referred to in this section as the ‘efficiency grant program’) under which the Administrator shall award grants to eligible entities for the replacement or repair of equipment that improves water or energy efficiency of small publicly owned treatment works, as identified in an efficiency audit.
“(b) Eligible entities.—The Administrator may award a grant under the efficiency grant program to—
“(c) Report.—Not later than 2 years after the date on which the Administrator establishes the efficiency grant program, and every 2 years thereafter, the Administrator shall submit to Congress a report describing—
Title II of the Federal Water Pollution Control Act (33 U.S.C. 1281 et seq.) (as amended by section 50207) is amended by adding at the end the following:
“SEC. 226. Grants for construction and refurbishing of individual household decentralized wastewater systems for individuals with low or moderate income.
“(a) Definition of eligible individual.—In this section, the term ‘eligible individual’ means a member of a low-income or moderate-income household, the members of which have a combined income (for the most recent 12-month period for which information is available) equal to not more than 50 percent of the median nonmetropolitan household income for the State or territory in which the household is located, according to the most recent decennial census.
“(b) Grant program.—
“(1) IN GENERAL.—Subject to the availability of appropriations, the Administrator shall establish a program under which the Administrator shall provide grants to private nonprofit organizations for the purpose of improving general welfare by providing assistance to eligible individuals—
“(A) for the construction, repair, or replacement of an individual household decentralized wastewater treatment system; or
“(B) for the installation of a larger decentralized wastewater system designed to provide treatment for 2 or more households in which eligible individuals reside, if—
“(i) site conditions at the households are unsuitable for the installation of an individually owned decentralized wastewater system;
“(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.
“(c) Grants.—
“(1) IN GENERAL.—Subject to paragraph (2), a private nonprofit organization shall use a grant provided under subsection (b) for the services described in paragraph (1) of that subsection.
“(2) APPLICATION.—To be eligible to receive the services described in subsection (b)(1), an eligible individual shall submit to the private nonprofit organization serving the area in which the individual household decentralized wastewater system of the eligible individuals is, or is proposed to be, located an application at such time, in such manner, and containing such information as the private nonprofit organization determines to be appropriate.
“(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.
Title II of the Federal Water Pollution Control Act (33 U.S.C. 1281 et seq.) (as amended by section 50208) is amended by adding at the end the following:
“SEC. 227. Connection to publicly owned treatment works.
“(a) Definitions.—In this section:
“(1) ELIGIBLE ENTITY.—The term ‘eligible entity’ means—
“(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.—
“(d) Selection criteria.—In selecting recipients of grants under the program, the Administrator shall use the following criteria:
“(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—
“(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—
“(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—
(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:
(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:
Section 4304 of the America's Water Infrastructure Act of 2018 (42 U.S.C. 300j–19e) is amended—
(1) in subsection (a)(3)—
(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—
(2) in subsection (b)—
(A) in paragraph (1)—
(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) in paragraph (2)—
(i) in the matter preceding subparagraph (A), by striking “institutions—” and inserting “institutions, or public works departments and agencies—”; and
(D) by striking paragraph (4) and inserting the following:
“(4) WORKING GROUP; REPORT.—
“(A) IN GENERAL.—The Administrator shall establish and coordinate a Federal interagency working group to address recruitment, training, and retention challenges in the water and wastewater utility workforce, which shall include representatives from—
“(B) REPORT.—Not later than 2 years after the date of enactment of this subparagraph, the Administrator, in coordination with the working group established under subparagraph (A), shall submit to Congress a report describing potential solutions to recruitment, training, and retention challenges in the water and wastewater utility workforce.
(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.”.
Section 303 of the Safe Drinking Water Act Amendments of 1996 (33 U.S.C. 1263a) is amended—
(a) Establishment.—
(1) IN GENERAL.—Subject to the availability of appropriations, the Administrator shall establish a competitive grant pilot program (referred to in this section as the “pilot program”) under which the Administrator may award grants to eligible entities under subsection (b) to establish systems that improve the sharing of information concerning water quality, water infrastructure needs, and water technology, including cybersecurity technology, between States or among counties and other units of local government within a State, which may include—
(b) Eligible entities.—An entity eligible for a grant under the pilot program is—
(c) Applications.—To be eligible to receive a grant under the pilot program, an eligible entity under subsection (b) shall submit to the Administrator an application at such time, in such manner, and containing such information as the Administrator may require.
(d) Regional consortia.—
(2) REQUIREMENTS.—A regional consortium established under paragraph (1) shall—
(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—
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”.
(a) In general.—Section 5033 of the Water Infrastructure Finance and Innovation Act of 2014 (33 U.S.C. 3912) is amended—
(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:
“(a) Definition of rural community.—In this section, the term ‘rural community’ means a city, town, or unincorporated area that has a population of not more than 10,000 inhabitants.
“(b) Outreach required.—Not later than 180 days after the date of enactment of this section, the Administrator, in consultation with relevant Federal agencies, shall develop and begin implementation of an outreach plan to promote financial assistance available under this subtitle to small communities and rural communities.”.
(a) Analysis.—Not later than 2 years after the date of enactment of this Act, using environmental justice data of the Environmental Protection Agency, including data from the environmental justice mapping and screening tool of the Environmental Protection Agency, the Administrator shall carry out an analysis under which the Administrator shall assess the programs under title VI of the Federal Water Pollution Control Act (33 U.S.C. 1381 et seq.) and section 1452 of the Safe Drinking Water Act (42 U.S.C. 300j–12) to identify historical distributions of funds to small and disadvantaged communities and new opportunities and methods to improve on the distribution of funds under those programs to low-income communities, rural communities, minority communities, and communities of indigenous peoples, in accordance with Executive Order 12898 (42 U.S.C. 4321 note; 60 Fed. Reg. 6381; relating to Federal actions to address environmental justice in minority populations and low-income populations).
(b) Requirement.—The analysis under subsection (a) shall include an analysis, to the extent practicable, of communities in the United States that do not have access to drinking water or wastewater services.
(a) Definitions.—In this section:
(1) CENTER.—The term “center” means a center of excellence for stormwater control infrastructure established under subsection (b)(1).
(b) Centers of Excellence for stormwater control infrastructure technologies.—
(1) ESTABLISHMENT OF CENTERS.—
(A) IN GENERAL.—Subject to the availability of appropriations, the Administrator shall provide grants, on a competitive basis, to eligible institutions to establish and maintain not less than 3, and not more than 5, centers of excellence for new and emerging stormwater control infrastructure technologies, to be located in various regions throughout the United States.
(B) GENERAL OPERATION.—Each center shall—
(i) conduct research on new and emerging stormwater control infrastructure technologies that are relevant to the geographical region in which the center is located, including stormwater and sewer overflow reduction, other approaches to water resource enhancement, alternative funding approaches, and other environmental, economic, and social benefits, with the goal of improving the effectiveness, cost efficiency, and protection of public safety and water quality;
(iii) analyze whether additional financial programs for the implementation of new and emerging, but proven, stormwater control infrastructure technologies would be useful;
(iv) provide information regarding research conducted under clause (i) to the national electronic clearinghouse center for publication on the Internet website established under paragraph (3)(B)(i) to provide to the Federal Government and State, Tribal, and local governments and the private sector information regarding new and emerging, but proven, stormwater control infrastructure technologies;
(v) provide technical assistance to State, Tribal, and local governments to assist with the design, construction, operation, and maintenance of stormwater control infrastructure projects that use innovative technologies;
(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—
(c) Stormwater control infrastructure project grants.—
(1) GRANT AUTHORITY.—Subject to the availability of appropriations, the Administrator shall provide grants, on a competitive basis, to eligible entities to carry out stormwater control infrastructure projects that incorporate new and emerging, but proven, stormwater control technologies in accordance with this subsection.
(2) STORMWATER CONTROL INFRASTRUCTURE PROJECTS.—
(A) PLANNING AND DEVELOPMENT GRANTS.—The Administrator may make planning and development grants under this subsection for the following projects:
(i) Planning and designing stormwater control infrastructure projects that incorporate new and emerging, but proven, stormwater control technologies, including engineering surveys, landscape plans, maps, long-term operations and maintenance plans, and implementation plans.
(ii) Identifying and developing standards necessary to accommodate stormwater control infrastructure projects, including those projects that incorporate new and emerging, but proven, stormwater control technologies.
(iii) Identifying and developing fee structures to provide financial support for design, installation, and operations and maintenance of stormwater control infrastructure, including new and emerging, but proven, stormwater control infrastructure technologies.
(B) IMPLEMENTATION GRANTS.—The Administrator may make implementation grants under this subsection for the following projects:
(3) APPLICATION.—Except as otherwise provided in this section, to be eligible to receive a grant under this subsection, an eligible entity shall prepare and submit to the Administrator an application at such time, in such form, and containing such information as the Administrator may require, including, as applicable—
(A) a description of the stormwater control infrastructure project that incorporates new and emerging, but proven, technologies;
(B) a plan for monitoring the impacts and pollutant load reductions associated with the stormwater control infrastructure project on the water quality and quantity;
(4) PRIORITY.—In making grants under this subsection, the Administrator shall give priority to applications submitted on behalf of—
(5) MAXIMUM AMOUNTS.—
(A) PLANNING AND DEVELOPMENT GRANTS.—
(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.
(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—
(3) a description of the improvements in technology, environmental benefits, resources conserved, efficiencies, and other benefits of the projects funded under this section;
(a) In general.—Not later than 180 days after the date of enactment of this Act, the Administrator shall establish a Water Reuse Interagency Working Group (referred to in this section as the “Working Group”).
(b) Purpose.—The purpose of the Working Group is to develop and coordinate actions, tools, and resources to advance water reuse across the United States, including through the implementation of the February 2020 National Water Reuse Action Plan, which creates opportunities for water reuse in the mission areas of each of the Federal agencies included in the Working Group under subsection (c) (referred to in this section as the “Action Plan”).
(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;
(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;
(a) In general.—Subject to the availability of appropriations, not later than 2 years after the date of enactment of this Act, the Administrator shall carry out a study that examines the state of existing and potential future technology, including technology that could address cybersecurity vulnerabilities, that enhances or could enhance the treatment, monitoring, affordability, efficiency, and safety of wastewater services provided by a treatment works (as defined in section 212 of the Federal Water Pollution Control Act (33 U.S.C. 1292)).
Title VI of the Federal Water Pollution Control Act (33 U.S.C. 1381 et seq.) is amended by adding at the end the following:
“SEC. 609. Clean watersheds needs survey.
“(a) Requirement.—Not later than 2 years after the date of enactment of this section, and not less frequently than once every 4 years thereafter, the Administrator shall—
(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—
(b) Compliance report.—Section 104 of the Water Resources Research Act of 1984 (42 U.S.C. 10303) is amended by striking subsection (c) and inserting the following:
“(c) Grants.—
“(1) IN GENERAL.—From the sums appropriated pursuant to subsection (f), the Secretary shall make grants to each institute to be matched on a basis of no less than 1 non-Federal dollar for every 1 Federal dollar.
“(2) REPORT.—Not later than December 31 of each fiscal year, the Secretary shall submit to the Committee on Environment and Public Works of the Senate, the Committee on the Budget of the Senate, the Committee on Transportation and Infrastructure of the House of Representatives, and the Committee on the Budget of the House of Representatives a report regarding the compliance of each funding recipient with this subsection for the immediately preceding fiscal year.”.
(c) Evaluation of water resources research program.—Section 104 of the Water Resources Research Act of 1984 (42 U.S.C. 10303) is amended by striking subsection (e) and inserting the following:
“(e) Evaluation of water resources research program.—
“(1) IN GENERAL.—The Secretary shall conduct a careful and detailed evaluation of each institute at least once every 5 years to determine—
“(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”.
Title I of the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) is amended by adding at the end the following:
“SEC. 124. Enhanced aquifer use and recharge.
“(a) In general.—Subject to the availability of appropriations, the Administrator shall provide funding to carry out groundwater research on enhanced aquifer use and recharge in support of sole-source aquifers, of which—
“(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.
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.
(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—
(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—
(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)).
(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.
(G) HIGH-COST AREA.—
(i) IN GENERAL.—The term “high-cost area” means an unserved area in which the cost of building out broadband service is higher, as compared with the average cost of building out broadband service in unserved areas in the United States (as determined by the Assistant Secretary, in consultation with the Commission), incorporating factors that include—
(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—
(J) PROGRAM.—The term “Program” means the Broadband Equity, Access, and Deployment Program established under subsection (b)(1).
(K) PROJECT.—The term “project” means an undertaking by a subgrantee under this section to construct and deploy infrastructure for the provision of broadband service.
(L) RELIABLE BROADBAND SERVICE.—The term “reliable broadband service” means broadband service that meets performance criteria for service availability, adaptability to changing end-user requirements, length of serviceable life, or other criteria, other than upload and download speeds, as determined by the Assistant Secretary in coordination with the Commission.
(M) STATE.—The term “State” has the meaning given the term in section 158 of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 942), except that that definition shall be applied by striking “, and any other territory or possession of the United States”.
(b) Broadband Equity, Access, and Deployment Program.—
(1) ESTABLISHMENT.—Not later than 180 days after the date of enactment of this Act, the Assistant Secretary shall establish a grant program, to be known as the “Broadband Equity, Access, and Deployment Program”, under which the Assistant Secretary makes grants to eligible entities, in accordance with this section, to bridge the digital divide.
(2) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to the Assistant Secretary to carry out the Program $42,450,000,000.
(3) OBLIGATION TIMELINE.—The Assistant Secretary shall obligate all amounts appropriated pursuant to paragraph (2) in an expedient manner after the Assistant Secretary issues the notice of funding opportunity under subsection (e)(1).
(4) TECHNICAL SUPPORT AND ASSISTANCE.—
(A) PROGRAM ASSISTANCE.—As part of the Program, the Assistant Secretary, in consultation with the Commission, shall provide technical support and assistance to eligible entities to facilitate their participation in the Program, including by assisting eligible entities with—
(c) Allocation.—
(1) ALLOCATION FOR HIGH-COST AREAS.—
(A) IN GENERAL.—On or after the date on which the broadband DATA maps are made public, the Assistant Secretary shall allocate to eligible entities, in accordance with subparagraph (B) of this paragraph, 10 percent of the amount appropriated pursuant to subsection (b)(2).
(2) MINIMUM INITIAL ALLOCATION.—Of the amount appropriated pursuant to subsection (b)(2)—
(3) ALLOCATION OF REMAINING AMOUNTS.—
(A) IN GENERAL.—On or after the date on which the broadband DATA maps are made public, of the amount appropriated pursuant to subsection (b)(2), the Assistant Secretary shall allocate to eligible entities, in accordance with subparagraph (B) of this paragraph, the amount remaining after compliance with paragraphs (1) and (2) of this subsection.
(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—
(C) REALLOCATION TO OTHER ELIGIBLE ENTITIES.—
(i) APPLICATION FAILURES.—The Assistant Secretary, in carrying out the Program, shall provide that if an eligible entity fails to submit a covered application by the applicable deadline, or a covered application submitted by an eligible entity is not approved by the applicable deadline, as provided in subparagraph (A)), and no political subdivision or consortium of political subdivisions of the eligible entity submits a covered application by the applicable deadline, or no covered application submitted by such a political subdivision or consortium is approved by the applicable deadline, as provided in subparagraph (B), the Assistant Secretary—
(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—
(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.
(e) Implementation.—
(1) INITIAL PROGRAM DEPLOYMENT AND PLANNING.—
(A) NOTICE OF FUNDING OPPORTUNITY; PROCESS.—Not later than 180 days after the date of enactment of this Act, the Assistant Secretary shall—
(i) issue a notice of funding opportunity for the Program that—
(ii) establish a process, in accordance with subparagraph (C), through which to provide funding to eligible entities for planning and pre-deployment activities;
(iii) develop and make public a standard online application form that an eligible entity may use to submit an initial proposal and final proposal for the grant amounts allocated to the eligible entity under subsection (c);
(B) LETTER OF INTENT.—
(i) IN GENERAL.—An eligible entity that wishes to participate in the Program shall file a letter of intent to participate in the Program consistent with this subparagraph.
(ii) FORM AND CONTENTS.—The Assistant Secretary may establish the form and contents required for a letter of intent under this subparagraph, which contents may include—
(I) details of—
(aa) the existing broadband program or office of the eligible entity, including—
(AA) activities that the program or office currently conducts;
(BB) the number of rounds of broadband deployment grants that the eligible entity has awarded, if applicable;
(CC) whether the eligible entity has an eligible entity-wide plan and goal for availability of broadband, and any relevant deadlines, as applicable; and
(DD) the amount of funding that the eligible entity has available for broadband deployment or other broadband-related activities, including data collection and local planning, and the sources of that funding, including whether the funds are from the eligible entity or from the Federal Government under the American Rescue Plan Act of 2021 (Public Law 117–2);
(bb) the number of full-time employees and part-time employees of the eligible entity who will assist in administering amounts received under the Program and the duties assigned to those employees;
(dd) the goals of the eligible entity for the use of amounts received under the Program, the process that the eligible entity will use to distribute those amounts to subgrantees, the timeline for awarding subgrants, and oversight and reporting requirements that the eligible entity will impose on subgrantees;
(II) the identification of known barriers or challenges to developing and administering a program to administer grants received under the Program, if applicable;
(III) the identification of the additional capacity needed by the eligible entity to implement the requirements under this section, such as—
(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;
(C) PLANNING FUNDS.—
(i) IN GENERAL.—The Assistant Secretary shall establish a process through which an eligible entity, in submitting a letter of intent under subparagraph (B), may request access to not more than 5 percent of the amount allocated to the eligible entity under subsection (c)(2) for use consistent with this subparagraph.
(ii) FUNDING AVAILABILITY.—If the Assistant Secretary approves a request from an eligible entity under clause (i), the Assistant Secretary shall make available to the eligible entity an amount, as determined appropriate by the Assistant Secretary, that is not more than 5 percent of the amount allocated to the eligible entity under subsection (c)(2).
(iii) ELIGIBLE USE.—The Assistant Secretary shall determine the allowable uses of amounts made available under clause (ii), which may include—
(I) research and data collection, including initial identification of unserved locations and underserved locations;
(D) ACTION PLAN.—
(i) IN GENERAL.—An eligible entity that receives funding from the Assistant Secretary under subparagraph (C) shall submit to the Assistant Secretary a 5-year action plan, which shall—
(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—
(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;
(2) NOTICE OF AVAILABLE AMOUNTS; INVITATION TO SUBMIT INITIAL AND FINAL PROPOSALS.—On or after the date on which the broadband DATA maps are made public, the Assistant Secretary, in coordination with the Commission, shall issue a notice to each eligible entity that—
(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—
(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
(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;
(ii) LOCAL COORDINATION.—
(I) IN GENERAL.—The Assistant Secretary shall establish local coordination requirements for eligible entities to follow, to the greatest extent practicable.
(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—
(ii) if the initial proposal is complete—
(II) shall approve or disapprove the initial proposal based on the determinations under subclause (I); and
(E) CONSIDERATION OF RESUBMITTED INITIAL PROPOSAL.—After receipt of a resubmitted initial proposal for a grant under this paragraph, the Assistant Secretary—
(ii) if the initial proposal is complete—
(II) shall approve or disapprove the initial proposal based on the determinations under subclause (I); and
(4) FINAL PROPOSAL.—
(A) SUBMISSION.—
(i) IN GENERAL.—After the Assistant Secretary approvals the initial proposal of an eligible entity under paragraph (3), the eligible entity may submit a final proposal for the remainder of the amount allocated to the eligible entity under subsection (c), using the online application form developed by the Assistant Secretary under paragraph (1)(A)(iii), that includes—
(I) a detailed plan that specifies how the eligible entity will—
(ii) LOCAL COORDINATION.—
(I) IN GENERAL.—The Assistant Secretary shall establish local coordination requirements for eligible entities to follow, to the greatest extent practicable.
(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—
(E) CONSIDERATION OF RESUBMITTED FINAL PROPOSAL.—After receipt of a resubmitted final proposal for a grant under this paragraph, the Assistant Secretary—
(f) Use of funds.—An eligible entity may use grant funds received under this section to competitively award subgrants for—
(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—
(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;
(g) General Program requirements.—
(1) SUBGRANTEE OBLIGATIONS.—A subgrantee, in carrying out activities using amounts received from an eligible entity under this section—
(B) shall comply with prudent cybersecurity and supply chain risk management practices, as specified by the Assistant Secretary, in consultation with the Director of the National Institute of Standards and Technology and the Commission;
(C) shall incorporate best practices, as defined by the Assistant Secretary, for ensuring reliability and resilience of broadband infrastructure; and
(D) may not use the amounts to purchase or support—
(i) any covered communications equipment or service, as defined in section 9 of the Secure and Trusted Communications Networks Act of 2019 (47 U.S.C. 1608); or
(ii) fiber optic cable and optical transmission equipment manufactured in the People’s Republic of China, except that the Assistant Secretary may waive the application of this clause with respect to a project if the eligible entity that awards a subgrant for the project shows that such application would unreasonably increase the cost of the project.
(2) ELIGIBLE ENTITY OBLIGATIONS.—In distributing funds to subgrantees under this section, an eligible entity shall—
(A) ensure that any prospective subgrantee—
(i) is capable of carrying out activities funded by the subgrant in a competent manner in compliance with all applicable Federal, State, and local laws;
(3) DEOBLIGATION OF AWARDS; INTERNET DISCLOSURE.—The Assistant Secretary—
(A) shall establish, in coordination with relevant Federal and State partners, appropriate mechanisms to ensure appropriate use of funds made available under this section;
(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—
(ii) in providing funding under subclauses (I), (II), and (III) of clause (i), shall prioritize funding for deployment of broadband infrastructure for priority broadband projects;
(iii) may not exclude cooperatives, nonprofit organizations, public-private partnerships, private companies, public or private utilities, public utility districts, or local governments from eligibility for such grant funds; and
(2) CHALLENGE PROCESS.—
(A) IN GENERAL.—After submitting an initial proposal under subsection (e)(3) and before allocating grant funds received under this section for the deployment of broadband networks, an eligible entity shall ensure a transparent, evidence-based, and expeditious challenge process under which a unit of local government, nonprofit organization, or other broadband service provider can challenge a determination made by the eligible entity in the initial proposal as to whether a particular location or community anchor institution within the jurisdiction of the eligible entity is eligible for the grant funds, including whether a particular location is unserved or underserved.
(B) FINAL IDENTIFICATION; NOTIFICATION OF FUNDING ELIGIBILITY.—After resolving each challenge under subparagraph (A), and not later than 60 days before allocating grant funds received under this section for the deployment of broadband networks, an eligible entity shall provide public notice of the final classification of each unserved location, underserved location, or eligible community anchor institution within the jurisdiction of the eligible entity.
(C) CONSULTATION WITH NTIA.—An eligible entity shall notify the Assistant Secretary of any modification to the initial proposal of the eligible entity submitted under subsection (e)(3) that is necessitated by a successful challenge under subparagraph (A) of this paragraph.
(E) EXPEDITING BROADBAND DATA COLLECTION ACTIVITIES.—
(i) DEADLINE FOR RESOLUTION OF CHALLENGE PROCESS UNDER BROADBAND DATA ACT.—Section 802(b)(5)(C)(i) of the Communications Act of 1934 (47 U.S.C. 642(b)(5)(C)(i)) is amended by striking “challenges” and inserting the following: “challenges, which shall require that the Commission resolve a challenge not later than 90 days after the date on which a final response by a provider to a challenge to the accuracy of a map or information described in subparagraph (A) is complete”.
(ii) PAPERWORK REDUCTION ACT EXEMPTION EXPANSION.—Section 806(b) of the Communications Act of 1934 (47 U.S.C. 646(b)) is amended by striking “the initial rule making required under section 802(a)(1)” and inserting “any rule making or other action by the Commission required under this title”.
(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.
(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;
(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
(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—
(B) shall offer not less than 1 low-cost broadband service option for eligible subscribers, as those terms are defined in paragraph (5) of this subsection;
(C) shall deploy the broadband network and begin providing broadband service to each customer that desires broadband service not later than 4 years after the date on which the entity receives the subgrant, except that an eligible entity may extend the deadline under this subparagraph if—
(D) for any project that involves laying fiber optic cables or conduit underground or along a roadway, shall include interspersed conduit access points at regular and short intervals;
(E) may use the subgrant to deploy broadband infrastructure in or through any area required to reach interconnection points or otherwise to ensure the technical feasibility and financial sustainability of a project providing broadband service to an unserved location, underserved location, or eligible community anchor institution;
(F) once the network has been deployed, shall provide public notice, online and through other means, of that fact to the locations and areas to which broadband service has been provided and share the public notice with the eligible entity that awarded the subgrant;
(5) LOW-COST BROADBAND SERVICE OPTION.—
(A) DEFINITIONS.—In this paragraph—
(B) DEFINING low-cost broadband service option.—
(i) PROPOSAL.—An eligible entity shall submit to the Assistant Secretary for approval, in the final proposal of the eligible entity submitted under subsection (e)(4), a proposed definition of “low-cost broadband service option” that shall apply to subgrantees of the eligible entity for purposes of the requirement under paragraph (4)(B) of this subsection.
(ii) CONSULTATION.—An eligible entity shall consult with the Assistant Secretary and prospective subgrantees regarding a proposed definition of “low-cost broadband service option” before submitting the proposed definition to the Assistant Secretary under clause (i).
(iii) APPROVAL OF ASSISTANT SECRETARY.—
(I) IN GENERAL.—A proposed definition of “low-cost broadband service option” submitted by an eligible entity under clause (i) shall not take effect until the Assistant Secretary approves the final proposal of the eligible entity submitted under subsection (e)(4), including approval of the proposed definition of “low-cost broadband service option”.
(II) RESUBMISSION.—If the Assistant Secretary does not approve a proposed definition of “low-cost broadband service option” submitted by an eligible entity under clause (i), the Assistant Secretary shall—
(iv) PUBLIC DISCLOSURE.—After the Assistant Secretary approves the final proposal of an eligible entity under subsection (e)(4), and before the Assistant Secretary disburses any funds to the eligible entity based on that approval, the Assistant Secretary shall publicly disclose the eligible entity’s definition of “low-cost broadband service option”.
(C) NONPERFORMANCE.—The Assistant Secretary shall develop procedures under which the Assistant Secretary or an eligible entity may—
(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—
(B) SEMIANNUAL REPORT.—Not later than 1 year after receiving grant funds under this section, and semiannually thereafter until the funds have been expended, an eligible entity shall submit to the Assistant Secretary a report, with respect to the 6-month period immediately preceding the report date, that—
(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—
(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;
(D) PROVISION TO FCC AND USDA.—Subject to section 904(b)(2) of division FF of the Consolidated Appropriations Act, 2021 (Public Law 116–260) (relating to an interagency agreement), the Assistant Secretary shall coordinate with the Commission and the Department of Agriculture, including providing the final reports received under subparagraph (C) to the Commission and the Department of Agriculture to be used when determining whether to award funds for the deployment of broadband under any program administered by those agencies.
(E) FEDERAL AGENCY REPORTING REQUIREMENT.—
(i) DEFINITIONS.—In this subparagraph, the terms “agency” and “Federal broadband support program” have the meanings given those terms in section 903 of division FF of the Consolidated Appropriations Act, 2021 (Public Law 116–260) (also known as the “ACCESS BROADBAND Act”).
(2) SUBGRANTEES.—
(A) SEMIANNUAL REPORT.—The recipient of a subgrant from an eligible entity under this section shall submit to the eligible entity a semiannual report for the duration of the subgrant to track the effectiveness of the use of funds provided.
(B) CONTENTS.—Each report submitted under subparagraph (A) shall—
(ii) in the case of a broadband infrastructure project—
(I) include a list of addresses or locations that constitute the service locations that will be served by the broadband infrastructure to be constructed;
(II) identify whether each address or location described in subclause (I) is residential, commercial, or a community anchor institution;
(VI) describe the non-promotional prices, including any associated fees, charged for different tiers of broadband service being offered;
(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
(4) INFORMATION ON BROADBAND SUBSIDIES AND LOW-INCOME PLANS.—
(A) ESTABLISHMENT OF WEBSITE.—Not later than 2 years after the date of enactment of this Act, the Assistant Secretary, in consultation with the Commission, shall establish a publicly available website that—
(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—
(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.
(o) Exemption from certain laws.—Any action taken or decision made by the Assistant Secretary under this section shall be exempt from the requirements of—
(1) section 3506 of title 44, United States Code (commonly referred to as the “Paperwork Reduction Act”);
(2) chapter 5 or 7 of title 5, United States Code (commonly referred to as the “Administrative Procedures Act”); and
(3) chapter 6 of title 5, United States Code (commonly referred to as the “Regulatory Flexibility Act”).
(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
(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
(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:
(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”.
(a) Definitions.—In this section—
(2) the term “universal service goals for broadband” means the statutorily mandated goals of universal service for advanced telecommunications capability under section 706 of the Telecommunications Act of 1996 (47 U.S.C. 1302).
(b) Evaluation.—Not later than 30 days after the date of enactment of this Act, the Commission shall commence a proceeding to evaluate the implications of this Act and the amendments made by this Act on how the Commission should achieve the universal service goals for broadband.
(c) Report.—
(1) IN GENERAL.—Not later than 270 days after the date of enactment of this Act, the Commission shall submit to Congress a report on the options of the Commission for improving its effectiveness in achieving the universal service goals for broadband in light of this Act and the amendments made by this Act, and other legislation that addresses those goals.
(2) RECOMMENDATIONS.—In the report submitted under paragraph (1), the Commission may make recommendations for Congress on further actions the Commission and Congress could take to improve the ability of the Commission to achieve the universal service goals for broadband.
(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—
(B) is an advanced telecommunications capability, as defined in section 706(d) of the Telecommunications Act of 1996 (47 U.S.C. 1302(d)).
(b) Establishment of Deployment Locations Map.—Not later than 18 months after the date of enactment of this Act, the Commission shall, in consultation with all relevant Federal agencies, establish an online mapping tool to provide a locations overview of the overall geographic footprint of each broadband infrastructure deployment project funded by the Federal Government.
(c) Requirements.—The Deployment Locations Map shall be—
(d) Functions.—In establishing the Deployment Locations Map, the Commission shall ensure that the Deployment Locations Map—
(1) compiles data related to Federal funding for broadband infrastructure deployment provided by the Commission, the National Telecommunications and Information Administration, the Department of Agriculture, the Department of Health and Human Services, the Department of the Treasury, the Department of Housing and Urban Development, the Institute of Museum and Library Sciences, and any other Federal agency that provides such data relating to broadband infrastructure deployment funding to the Commission, including funding under—
(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
(3) allows users to manipulate the Deployment Locations Map to identify, search, and filter broadband infrastructure deployment projects by—
(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.—
(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).
Section 905 of division N of the Consolidated Appropriations Act, 2021 (Public Law 116–260) is amended—
(1) in subsection (c)—
(B) in paragraph (4)—
(i) in subparagraph (A)—
(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”;
(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
(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.—
“(B) NEW FUNDING.—If Congress appropriates additional funds for grants under subsection (c) after the date of enactment of this Act, the Assistant Secretary—
“(C) EXCEPTIONS.—If Congress appropriates additional funds for grants under subsection (c) after the date of enactment of this Act—
“(i) the Assistant Secretary shall not be required to issue an additional notice under paragraph (1) of this subsection, but shall inform eligible entities that additional funding has been made available for grants under subsection (c) and describe the changes made to the Tribal Broadband Connectivity Program under that subsection by section 60201 of the Infrastructure Investment and Jobs Act;
“(ii) the requirement under paragraph (2)(C) of this subsection shall be applied individually to each round of funding for grants under subsection (c);
“(iii) paragraph (2)(A) of this subsection shall be applied by substituting ‘180-day period beginning on the date on which the Assistant Secretary informs eligible entities that additional funding has been made available for grants under subsection (c)’ for ‘90-day period beginning on the date on which the Assistant Secretary issues the notice under paragraph (1)’; and
“(iv) notwithstanding paragraph (2)(F) of this subsection, in the case of funds appropriated under subsection (b)(1) that were not allocated during the initial round of funding, the Assistant Secretary may elect to allocate the funds during any subsequent round of funding for grants under subsection (c).”.
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—
(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).
(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—
(C) incarcerated individuals, other than individuals who are incarcerated in a Federal correctional facility;
(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”—
(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
(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)).
(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)).
It is the sense of Congress that—
(2) digital exclusion—
(3) achieving digital equity for all people of the United States requires additional and sustained investment and research efforts;
(a) Establishment; purpose.—
(1) IN GENERAL.—The Assistant Secretary shall establish in the Department of Commerce the State Digital Equity Capacity Grant Program (referred to in this section as the “Program”)—
(A) the purpose of which is to promote the achievement of digital equity, support digital inclusion activities, and build capacity for efforts by States relating to the adoption of broadband by residents of those States;
(b) 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);
(2) ELIGIBLE ENTITIES.—Any of the following entities may serve as the administering entity for a State for the purposes of this section if the entity has demonstrated a capacity to administer the Program on a statewide level:
(A) The State, a political subdivision, agency, or instrumentality of the State, an Indian Tribe located in the State, an Alaska Native entity located in the State, or a Native Hawaiian organization located in the State.
(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—
(B) measurable objectives for documenting and promoting, among each group described in subparagraphs (A) through (H) of section 60302(8) located in that State—
(C) an assessment of how the objectives described in subparagraph (B) will impact and interact with the State’s—
(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—
(vi) organizations that represent—
(I) individuals with disabilities, including organizations that represent children with disabilities;
(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)—
(3) PLANNING GRANTS.—
(A) IN GENERAL.—Beginning in the first fiscal year that begins after the date of enactment of this Act, the Assistant Secretary shall, in accordance with the requirements of this paragraph, award planning grants to States for the purpose of developing the State Digital Equity Plans of those States under this subsection.
(C) APPLICATION.—A State that wishes to be awarded a planning grant under this paragraph shall, not later than 60 days after the date on which the notice of funding availability with respect to the grant is released, submit to the Assistant Secretary an application, in a format to be determined by the Assistant Secretary, that contains the following materials:
(i) A description of the entity selected to serve as the administering entity for the State, as described in subsection (b).
(D) AWARDS.—
(i) AMOUNT OF GRANT.—A planning grant awarded to an eligible State under this paragraph shall be determined according to the formula under subsection (d)(3)(A)(i).
(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:
(d) State capacity grants.—
(1) IN GENERAL.—Beginning not later than 2 years after the date on which the Assistant Secretary begins awarding planning grants under subsection (c)(3), the Assistant Secretary shall each year award grants to eligible States to support—
(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).
(3) AWARDS.—
(A) AMOUNT OF GRANT.—
(i) FORMULA.—Subject to clauses (ii), (iii), and (iv), the Assistant Secretary shall calculate the amount of a grant awarded to an eligible State under this subsection in accordance with the following criteria, using the best available data for all States for the fiscal year in which the grant is awarded:
(I) 50 percent of the total grant amount shall be based on the population of the eligible State in proportion to the total population of all eligible States.
(II) 25 percent of the total grant amount shall be based on the number of individuals in the eligible State who are members of covered populations in proportion to the total number of individuals in all eligible States who are members of covered populations.
(III) 25 percent of the total grant amount shall be based on the comparative lack of availability and adoption of broadband in the eligible State in proportion to the lack of availability and adoption of broadband of all eligible States, which shall be determined according to data collected from—
(aa) the annual inquiry of the Federal Communications Commission conducted under section 706(b) of the Telecommunications Act of 1996 (47 U.S.C. 1302(b));
(bb) the American Community Survey or, if necessary, other data collected by the Bureau of the Census;
(ii) MINIMUM AWARD.—The amount of a grant awarded to an eligible State under this subsection in a fiscal year shall be not less than 0.5 percent of the total amount made available to award grants to eligible States for that fiscal year.
(iii) ADDITIONAL AMOUNTS.—If, after awarding planning grants to States under subsection (c)(3) and capacity grants to eligible States under this subsection in a fiscal year, there are amounts remaining to carry out this section, the Assistant Secretary shall distribute those amounts—
(iv) DATA UNAVAILABLE.—If, in a fiscal year, the Commonwealth of Puerto Rico (referred to in this clause as “Puerto Rico”) is an eligible State and specific data for Puerto Rico is unavailable for a factor described in subclause (I), (II), or (II) of clause (i), the Assistant Secretary shall use the median data point with respect to that factor among all eligible States and assign it to Puerto Rico for the purposes of making any calculation under that clause for that fiscal year.
(B) DURATION.—With respect to a grant awarded to an eligible State under this subsection, the eligible State shall expend the grant funds during the 5-year period beginning on the date on which the eligible State is awarded the grant funds.
(C) CHALLENGE MECHANISM.—The Assistant Secretary shall ensure that any eligible State to which a grant is awarded under this subsection may appeal or otherwise challenge in a timely fashion the amount of the grant awarded to the State, as determined under subparagraph (A).
(D) USE OF FUNDS.—The administering entity for an eligible State to which a grant is awarded under this subsection shall use the grant amounts for the following purposes:
(i) (I) Subject to subclause (II), to update or maintain the State Digital Equity Plan of the State.
(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—
(bb) pursue digital inclusion activities in the State consistent with the State Digital Equity Plan of the State; and
(II) Before an administering entity for an eligible State may award a grant under subclause (I), the administering entity shall require the entity to which the grant is awarded to certify that—
(iv) (I) Subject to subclause (II), to evaluate the efficacy of the efforts funded by grants made under clause (iii).
(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;
(2) the administering entity for that State shall—
(A) use fiscal control and fund accounting procedures that ensure the proper disbursement of, and accounting for, any Federal funds that the State is awarded under this section;
(B) submit to the Assistant Secretary any reports that may be necessary to enable the Assistant Secretary to perform the duties of the Assistant Secretary under this section;
(f) Termination of grant.—
(1) IN GENERAL.—The Assistant Secretary shall terminate a grant awarded to an eligible State under this section if, after notice to the State and opportunity for a hearing, the Assistant Secretary—
(g) Reporting and information requirements; Internet disclosure.—The Assistant Secretary—
(1) shall—
(A) require any entity to which a grant, including a subgrant, is awarded under this section to publicly report, for each year during the period described in subsection (c)(3)(D)(ii) or (d)(3)(B), as applicable, with respect to the grant, and in a format specified by the Assistant Secretary, on—
(B) establish appropriate mechanisms to ensure that each eligible State to which a grant is awarded under this section—
(C) create and maintain a fully searchable database, which shall be accessible on the internet at no cost to the public, that contains, at a minimum—
(h) Supplement not supplant.—A grant or subgrant awarded under this section shall supplement, not supplant, other Federal or State funds that have been made available to carry out activities described in this section.
(i) Set asides.—From amounts made available in a fiscal year to carry out the Program, the Assistant Secretary shall reserve—
(1) not more than 5 percent for the implementation and administration of the Program, which shall include—
(2) not less than 5 percent to award grants to, or enter into contracts or cooperative agreements with, Indian Tribes, Alaska Native entities, and Native Hawaiian organizations to allow those tribes, entities, and organizations to carry out the activities described in this section; and
(3) not less than 1 percent to award grants to, or enter into contracts or cooperative agreements with, the United States Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and any other territory or possession of the United States that is not a State to enable those entities to carry out the activities described in this section.
(j) Rules.—The Assistant Secretary may prescribe such rules as may be necessary to carry out this section.
(a) Establishment.—
(1) IN GENERAL.—Not later than 30 days after the date on which the Assistant Secretary begins awarding grants under section 60304(d), and not before that date, the Assistant Secretary shall establish in the Department of Commerce the Digital Equity Competitive Grant Program (referred to in this section as the “Program”), the purpose of which is to award grants to support efforts to achieve digital equity, promote digital inclusion activities, and spur greater adoption of broadband among covered populations.
(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.
(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;
(D) demonstrates to the satisfaction of the Assistant Secretary that the entity—
(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—
(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:
(ii) To facilitate the adoption of broadband by covered populations in order to provide educational and employment opportunities to those populations.
(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.
(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.
(C) ADMINISTRATIVE COSTS.—An entity to which the Assistant Secretary awards a grant under the Program may use not more than 10 percent of the amount of the grant for administrative costs in carrying out any of the activities described in subparagraph (A).
(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.
(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—
(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;
(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;
(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—
(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—
(B) establish mechanisms to ensure appropriate use of, and compliance with respect to all terms regarding, grant funds awarded under the Program;
(C) create and maintain a fully searchable database, which shall be accessible on the internet at no cost to the public, that contains, at a minimum—
(ii) a description of each application described in clause (i), including the proposed purpose of each grant described in that clause;
(i) Supplement not supplant.—A grant awarded to an entity under the Program shall supplement, not supplant, other Federal or State funds that have been made available to the entity to carry out activities described in this section.
(j) Set asides.—From amounts made available in a fiscal year to carry out the Program, the Assistant Secretary shall reserve—
(1) 5 percent for the implementation and administration of the Program, which shall include—
(2) 5 percent to award grants to, or enter into contracts or cooperative agreements with, Indian Tribes, Alaska Native entities, and Native Hawaiian organizations to allow those tribes, entities, and organizations to carry out the activities described in this section; and
(3) 1 percent to award grants to, or enter into contracts or cooperative agreements with, the United States Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and any other territory or possession of the United States that is not a State to enable those entities to carry out the activities described in this section.
(k) Rules.—The Assistant Secretary may prescribe such rules as may be necessary to carry out this section.
(a) Reporting requirements.—
(1) IN GENERAL.—Not later than 1 year after the date on which the Assistant Secretary begins awarding grants under section 60304(d)(1), and annually thereafter, the Assistant Secretary shall—
(A) submit to the appropriate committees of Congress a report that documents, for the year covered by the report—
(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—
(II) meeting, or have met, the stated goals of the Digital Equity Plans developed by the States under subsection (c) of that section;
(ii) whether entities to which grants are awarded under the program established under section 60305 are—
(II) meeting, or have met, the stated goals of those entities with respect to the use of the grant amounts;
(b) Authority to contract and enter into other arrangements.—The Assistant Secretary may award grants and enter into contracts, cooperative agreements, and other arrangements with Federal agencies, public and private organizations, and other entities with expertise that the Assistant Secretary determines appropriate in order to—
(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—
(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.
(a) Nondiscrimination.—
(1) IN GENERAL.—No individual in the United States may, on the basis of actual or perceived race, color, religion, national origin, sex, gender identity, sexual orientation, age, or disability, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity that is funded in whole or in part with funds made available to carry out this title.
(2) ENFORCEMENT.—The Assistant Secretary shall effectuate paragraph (1) with respect to any program or activity described in that paragraph by issuing regulations and taking actions consistent with section 602 of the Civil Rights Act of 1964 (42 U.S.C. 2000d–1).
(3) JUDICIAL REVIEW.—Judicial review of an action taken by the Assistant Secretary under paragraph (2) shall be available to the extent provided in section 603 of the Civil Rights Act of 1964 (42 U.S.C. 2000d–2).
(b) Technological neutrality.—The Assistant Secretary shall, to the extent practicable, carry out this title in a technologically neutral manner.
(c) Audit and oversight.—Beginning in the first fiscal year in which amounts are made available to carry out an activity authorized under this title, and in each of the 4 fiscal years thereafter, there is authorized to be appropriated to the Office of Inspector General for the Department of Commerce $1,000,000 for audits and oversight of funds made available to carry out this title, which shall remain available until expended.
(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.
(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
(5) FCC FIXED BROADBAND MAP.—The term “FCC fixed broadband map” means the map created by the Commission under section 802(c)(1)(B) of the Communications Act of 1934 (47 U.S.C. 642(c)(1)(B)).
(6) INDIAN TRIBE.—The term “Indian Tribe” has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304)).
(7) INTERCONNECT.—The term “interconnect” means the physical linking of 2 networks for the mutual exchange of traffic on non-discriminatory terms and conditions.
(8) INTERNET EXCHANGE FACILITY.—The term “internet exchange facility” means physical infrastructure through which internet service providers and content delivery networks exchange internet traffic between their networks.
(9) MIDDLE MILE INFRASTRUCTURE.—The term “middle mile infrastructure”—
(A) means any broadband infrastructure that does not connect directly to an end-user location, including an anchor institution; and
(11) NATIVE ENTITY.—The term “Native entity” means—
(C) a Native Hawaiian organization (as defined in section 6207 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7517));
(12) STATE.—The term “State” has the meaning given the term in section 3 of the Communications Act of 1934 (47 U.S.C. 153).
(13) SUBMARINE CABLE LANDING STATION.—The term “submarine cable landing station” means a cable landing station, as that term is used in section 1.767(a)(5) of title 47, Code of Federal Regulations (or any successor regulation), that can be utilized to land a submarine cable by an entity that has obtained a license under the first section of the Act entitled “An Act relating to the landing and operation of submarine cables in the United States”, approved May 27, 1921 (47 U.S.C. 34) (commonly known as the “Cable Landing Licensing Act”).
(14) TRIBAL GOVERNMENT.—The term “Tribal government” means the recognized governing body of any Indian or Alaska Native tribe, band, nation, pueblo, village, community, component band, or component reservation, individually identified (including parenthetically) in the list published most recently as of the date of enactment of this Act pursuant to section 104 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5131).
(15) TRUST LAND.—The term “trust land” has the meaning given the term in section 3765 of title 38, United States Code.
(16) UNDERSERVED.—The term “underserved”, with respect to an area, means an area—
(A) that is designated as a Tribally underserved area through the process described in subsection (g); or
(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) Purpose; sense of Congress.—
(1) PURPOSE.—The purposes of this section are—
(2) SENSE OF CONGRESS.—It is the sense of Congress that—
(A) in awarding middle mile grants, the Assistant Secretary should give priority to—
(i) projects that leverage existing rights-of-way, assets, and infrastructure to minimize financial, regulatory, and permitting challenges;
(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:
(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—
(3) GRANT APPLICATION COMPETENCE.—The Assistant Secretary shall include in the application process established under paragraph (1) a requirement that an eligible entity provide evidence that the eligible entity is capable of carrying out a proposed project in a competent manner, including by demonstrating that the eligible entity has the financial, technical, and operational capability to carry out the proposed project and operate the resulting middle mile broadband network.
(e) Eligibility.—
(1) PRIORITIZATION.—To be eligible to obtain a middle mile grant, an eligible entity shall agree, in the application submitted through the process established under subsection (d), to prioritize—
(2) BUILDOUT TIMELINE.—Subject to paragraph (5), to be eligible to obtain a middle mile grant, an eligible entity shall agree, in the application submitted through the process established under subsection (d), to complete buildout of the middle mile infrastructure described in the application by not later than 5 years after the date on which amounts from the grant are made available to the eligible entity.
(3) PROJECT ELIGIBILITY REQUIREMENTS.—
(A) CAPABILITY TO SUPPORT RETAIL BROADBAND SERVICE.—A project shall be eligible for a middle mile grant if, at the time of the application, the Assistant Secretary determines that the proposed middle mile broadband network will be capable of supporting retail broadband service.
(B) MAPPING DATA.—
(i) USE OF MOST RECENT DATA.—In mapping out gaps in broadband coverage, an eligible entity that uses a middle mile grant to build out terrestrial or fixed wireless middle mile infrastructure shall use the most recent broadband mapping data available from one of the following sources:
(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).
(ii) SHARING FACILITY LOCATIONS.—
(I) DEFINITION.—In this clause, the term “covered recipient”, with respect to an eligible entity, means—
(II) PROVISION OF INFORMATION.—Subject to subclauses (III) and (IV), an eligible entity that constructs, improves, or acquires middle mile infrastructure using a middle mile grant shall share with each covered recipient the location of all the middle mile broadband infrastructure.
(III) FORMAT.—An eligible entity shall provide the information required under subclause (II) to each covered recipient in a uniform format determined by the Assistant Secretary.
(IV) PROTECTION OF INFORMATION.—
(aa) IN GENERAL.—The information provided by an eligible entity under subclause (II) may only be used for purposes of carrying out the grant program under subsection (c) and any reporting related thereto.
(bb) LEGAL DEFENSES.—
(AA) IN GENERAL.—A covered recipient may not receive information under subclause (II) unless the covered recipient agrees in writing to assert all available legal defenses to the disclosure of the information if a person or entity seeks disclosure from the covered recipient under any Federal, State, or local public disclosure law.
(BB) RULE OF CONSTRUCTION.—Nothing in subitem (AA) is intended to be or shall be construed as a waiver of Tribal sovereign immunity.
(C) CONNECTION TO ANCHOR INSTITUTIONS.—To the extent feasible, an eligible entity that receives a middle mile grant to build middle mile infrastructure using fiber optic technology shall—
(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.
(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
(f) Federal share.—The amount of a middle mile grant awarded to an eligible entity may not exceed 70 percent of the total project cost.
(g) Special rules for Tribal governments.—
(1) WAIVERS; ALTERNATIVE REQUIREMENTS.—The Assistant Secretary, in consultation with Tribal governments and Native entities, may waive, or specify alternative requirements for, any provision of subsections (c) through (f) if the Assistant Secretary finds that the waiver or alternative requirement is necessary—
In this title—
(a) Extension and modification of Emergency Broadband Benefit.—
(1) EXTENSION.—Section 904 of division N of the Consolidated Appropriations Act, 2021 (Public Law 116–260) is amended—
(2) CHANGE TO PROGRAM NAME.—Section 904 of division N of the Consolidated Appropriations Act, 2021 (Public Law 116–260), as amended by paragraph (1) of this subsection, is amended—
(A) in subsection (a)(7), in the heading, by striking “Emergency broadband” and inserting “Affordable connectivity”;
(B) in subsection (b), in the heading, by striking “Emergency Broadband Benefit” and inserting “Affordable Connectivity”;
(C) in subsection (i), in the heading, by striking “Emergency Broadband” and inserting “Affordable”;
(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)—
(ii) by adding at the end the following:
“(B) HIGH-COST AREAS.—The Commission shall, by regulation, establish a mechanism by which a participating provider in a high-cost area (as defined in section 60102(a)(2) of the Infrastructure Investment and Jobs Act) may provide an affordable connectivity benefit in an amount up to the amount specified in subparagraph (A) for an internet service offering provided on Tribal land upon a showing that the applicability of the lower limit under subparagraph (A) to the provision of the affordable connectivity benefit by the provider would cause particularized economic hardship to the provider such that the provider may not be able to maintain the operation of part or all of its broadband network.”;
(B) in subsection (b)—
(ii) by inserting after paragraph (6) the following:
“(7) REQUIREMENT TO ALLOW CUSTOMERS TO APPLY AFFORDABLE CONNECTIVITY BENEFIT TO ANY INTERNET SERVICE OFFERING.—
“(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—
“(9) OVERSIGHT.—The Commission—
“(A) shall establish a dedicated complaint process for consumers who participate in the Affordable Connectivity Program to file complaints about the compliance of participating providers with, including with respect to the quality of service received under, the Program;
“(B) shall require a participating provider to supply information about the existence of the complaint process described in subparagraph (A) to subscribers who participate in the Affordable Connectivity Program;
“(C) (i) shall act expeditiously to investigate potential violations of and enforce compliance with this section, including under clause (ii) of this subparagraph; and
“(ii) in enforcing compliance with this section, may impose forfeiture penalties under section 503 of the Communications Act of 1934 (47 U.S.C. 503); and
“(10) INFORMATION ON AFFORDABLE CONNECTIVITY PROGRAM.—
“(A) PARTICIPATING PROVIDERS.—When a customer subscribes to, or renews a subscription to, an internet service offering of a participating provider, the participating provider shall notify the customer about the existence of the Affordable Connectivity Program and how to enroll in the Program.
“(B) FEDERAL AGENCIES.—The Commission shall collaborate with relevant Federal agencies, including to ensure relevant Federal agencies update their System of Records Notices, to ensure that a household that participates in any program that qualifies the household for the Affordable Connectivity Program is provided information about the Program, including how to enroll in the Program.
“(C) COMMISSION OUTREACH.—
“(i) IN GENERAL.—The Commission may conduct outreach efforts to encourage eligible households to enroll in the Affordable Connectivity Program.
“(ii) ACTIVITIES.—In carrying out clause (i), the Commission may—
“(V) provide an orderly transition for participating providers and consumers from the Emergency Broadband Benefit Program established under paragraph (1) (as that paragraph was in effect on the day before the date of enactment of the Infrastructure Investment and Jobs Act) to the Affordable Connectivity Program.
“(11) CONSUMER PROTECTION ISSUES.—
“(A) IN GENERAL.—The Commission shall, after providing notice and opportunity for comment in accordance with section 553 of title 5, United States Code, promulgate rules to protect consumers who participate in, or seek to participate in, the Affordable Connectivity Program from—
“(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;
(b) Delayed amendments to Affordable Connectivity Program.—
(1) IN GENERAL.—Effective on the date on which the Commission submits the certification required under paragraph (4), or December 31, 2021, whichever is earlier, section 904 of division N of the Consolidated Appropriations Act, 2021 (Public Law 116–260), as amended by subsection (a) of this section, is amended—
(A) in subsection (a)—
(i) in paragraph (6)—
(I) in subparagraph (A), by inserting before the semicolon at the end the following: “except that such subsection (a), including for purposes of such subsection (b), shall be applied by substituting ‘200 percent’ for ‘135 percent’”;
(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)—
(2) APPLICABILITY OF AMENDMENT TO ELIGIBILITY.— A household that qualified for the Affordable Connectivity Program under section 904 of division N of the Consolidated Appropriations Act, 2021 (Public Law 116–260) before the effective date in paragraph (1) and, as of that effective date, would, but for this subparagraph, see a reduction in the amount of the affordable connectivity benefit under the Program, shall, during the 60-day period beginning on that effective date, be eligible for the affordable connectivity benefit in the amount in effect with respect to that household, as of the day before that effective date.
(3) TRANSITION.—After the effective date under paragraph (1), an eligible household that was participating in the Emergency Broadband Benefit Program under section 904 of division N of the Consolidated Appropriations Act, 2021 (Public Law 116–260) on the day before the date of enactment of this Act and qualifies for the Affordable Connectivity Program established under that section (as amended by this section) shall continue to have access to an affordable service offering.
(4) CERTIFICATION REQUIRED.—On the date on which the amounts appropriated under section 904(i)(2) of division N of the Consolidated Appropriations Act, 2021 (Public Law 116–260) have been fully expended, the Commission shall submit to Congress a certification regarding that fact.
(c) Broadband transparency rules.—
(1) RULES.—Not later than 1 year after the date of enactment of this Act, the Commission shall issue final rules regarding the annual collection by the Commission of data relating to the price and subscription rates of each internet service offering of a participating provider under the Affordable Connectivity Program established under section 904 of division N of the Consolidated Appropriations Act, 2021 (Public Law 116–260) (as amended by this section) to which an eligible household subscribes.
(2) UPDATES.—Not later than 180 days after the date on which rules are issued under paragraph (1), and when determined to be necessary by the Commission thereafter, the Commission shall revise the rules to verify the accuracy of data submitted pursuant to the rules.
(3) REDUNDANCY AVOIDANCE.—Nothing in this subsection shall be construed to require the Commission, in order to meet a requirement of this subsection, to duplicate an activity that the Commission is undertaking as of the date of enactment of this Act, if—
(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).
(d) Guidance.—The Commission may issue such guidance, forms, instructions, or publications, or provide such technical assistance, as may be necessary or appropriate to carry out the programs, projects, or activities authorized under this section and the amendments made by this section, including to ensure that such programs, projects, or activities are completed in a timely and effective manner.
(e) Coordination.—The Secretary of Agriculture, the Secretary of Education, and the Secretary of Health and Human Services shall—
(1) not later than 60 days after the date of enactment of this Act, enter into a memorandum of understanding with the Universal Service Administrative Company to provide for the expeditious sharing of data through the National Verifier (as that term is defined in section 54.400 of title 47, Code of Federal Regulations, or any successor regulation), or any successor system, for the purposes of verifying consumer eligibility for the program established under section 904 of division N of the Consolidated Appropriations Act, 2021 (Public Law 116–260), as amended by this section; and
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—
(a) Final rule.—Not later than 1 year after the date of enactment of this Act, the Commission shall promulgate regulations to require the display of broadband consumer labels, as described in the Public Notice of the Commission issued on April 4, 2016 (DA 16–357), to disclose to consumers information regarding broadband internet access service plans.
(b) Introductory rate information.—
(1) IN GENERAL.—The broadband consumer label required under subsection (a) shall also include information regarding whether the offered price is an introductory rate and, if so, the price the consumer will be required to pay following the introductory period.
(2) USE IN BROADBAND DATA COLLECTION.—The Commission shall rely on the price information displayed on the broadband consumer label required under subsection (a) for any collection of data relating to the price and subscription rates of each covered broadband internet access service under section 60502(c).
(b) Report.—Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall submit to the appropriate committees of Congress a report that evaluates the process used by the Commission for establishing, reviewing, and updating the upload and download speed thresholds for broadband internet access service, including—
(2) whether the Commission should consider future broadband internet access service speed needs when establishing broadband internet access service speed thresholds, including whether the Commission considers the need, or the anticipated need, for higher upload or download broadband internet access service speeds in the 5-year period and the 10-year period after the date on which a broadband internet access service speed threshold is to be established; and
(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;
(b) Adoption of rules.—Not later than 2 years after the date of enactment of this Act, the Commission shall adopt final rules to facilitate equal access to broadband internet access service, taking into account the issues of technical and economic feasibility presented by that objective, including—
(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—
(a) In general.—Part I of title III of the Communications Act of 1934 (47 U.S.C. 301 et seq.) is amended by adding at the end the following:
“SEC. 344. Telecommunications interagency working group.
“(a) Definition.—In this section, the term ‘telecommunications interagency working group’ means the interagency working group established under subsection (b)(1).
“(b) Establishment.—
“(1) IN GENERAL.—Not later than 60 days after the date of enactment of this section, the Chairman of the Commission, in partnership with the Secretary of Labor, shall establish within the Commission an interagency working group to develop recommendations to address the workforce needs of the telecommunications industry, including the safety of that workforce.
“(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;
“(d) Members.—The telecommunications interagency working group shall be composed of the following representatives of Federal agencies and relevant non-Federal industry and labor stakeholder organizations:
“(2) A representative of the National Telecommunications and Information Administration, appointed by the Assistant Secretary of Commerce for Communications and Information.
“(4) A representative of a registered apprenticeship program in construction or maintenance, appointed by the Secretary of Labor.
“(5) A representative of a telecommunications industry association, appointed by the Chairman of the Commission.
“(6) A representative of an Indian Tribe or Tribal organization, appointed by the Chairman of the Commission.
“(7) A representative of a rural telecommunications carrier, appointed by the Chairman of the Commission.
“(8) A representative of a telecommunications contractor firm, appointed by the Chairman of the Commission.
“(9) A representative of an institution of higher education described in section 371(a) of the Higher Education Act of 1965 (20 U.S.C. 1067q(a)), appointed by the Secretary of Education.
“(e) No compensation.—A member of the telecommunications interagency working group shall serve without compensation.
“(f) Other matters.—
“(1) CHAIR AND VICE CHAIR.—The telecommunications interagency working group shall name a chair and a vice chair, who shall be responsible for organizing the business of the working group.
“(2) SUBGROUPS.—The chair and vice chair of the telecommunications interagency working group, in consultation with the other members of the telecommunications interagency working group, may establish such subgroups as necessary to help conduct the work of the telecommunications interagency working group.
“(3) SUPPORT.—The Commission and the Secretary of Labor may detail employees of the Commission and the Department of Labor, respectively, to assist and support the work of the telecommunications interagency working group, though such a detailee shall not be considered to be a member of the working group.
“(g) Report to Congress.—
“(1) REPORT TO CONGRESS.—Not later than 1 year after the date on which the telecommunications interagency working group is established, the working group shall submit a report containing its recommendations to address the workforce needs of the telecommunications industry to—
“(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.
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;
(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—
(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.—
(c) Uses.—Subject to subsection (d), amounts deposited in the Fund under subsection (b) shall be used by the Secretary of the Interior for transfers to funds or accounts authorized to receive discretionary appropriations, or to satisfy other obligations identified by the Secretary of the Interior, under an Indian water settlement approved and authorized by an Act of Congress before the date of enactment of this Act.
(d) Scope of transfers.—
This title may be cited as the “Wildland Fire Mitigation and Management Commission Act of 2021”.
In this title:
(3) HIGH-RISK INDIAN TRIBAL GOVERNMENT.—The term “high-risk Indian tribal government” means an Indian tribal government, during not fewer than 4 of the 5 years preceding the date of enactment of this Act—
(A) that received fire management assistance under section 420 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5187); or
(B) land of which included an area for which the President declared a major disaster for fire in accordance with section 401 of that Act (42 U.S.C. 5170).
(4) HIGH-RISK STATE.—The term “high-risk State” means a State that, during not fewer than 4 of the 5 years preceding the date of enactment of this Act—
(A) received fire management assistance under section 420 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5187); or
(B) included an area for which the President declared a major disaster for fire in accordance with section 401 of that Act (42 U.S.C. 5170).
(5) INDIAN TRIBAL GOVERNMENT.—The term “Indian tribal government” has the meaning given the term in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122).
(7) STATE.—The term “State” has the meaning given the term in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122).
(8) WILDLAND-URBAN INTERFACE.—The term “wildland-urban interface” has the meaning given the term in section 101 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6511).
(a) Establishment.—Not later than 30 days after the date of enactment of this Act, the Secretaries shall jointly establish a commission to study and make recommendations to improve Federal policies relating to—
(b) Membership.—
(1) COMPOSITION.—The Commission shall be composed of—
(A) each of the Secretaries (or designees), who shall jointly serve as the co-chairpersons of the Commission;
(B) 9 representatives of Federal departments or agencies, to be appointed by the Secretaries, including—
(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;
(C) 18 non-Federal stakeholders with expertise in wildland fire preparedness, mitigation, suppression, or management, who collectively have a combination of backgrounds, experiences, and viewpoints and are representative of rural, urban, and suburban areas, to be appointed by the Secretaries, including—
(ii) with preference given to representatives from high-risk States and high-risk Indian tribal governments, not fewer than 1 representative from each of—
(iii) with preference given to representatives from high-risk States and high-risk Indian tribal governments, not fewer than 1 representative from each of—
(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
(d) Meetings.—
(1) INITIAL MEETING.—Not later than 30 days after the date on which all members of the Commission have been appointed, the Commission shall hold the first meeting of the Commission.
(a) Report on recommendations to mitigate and manage wildland fires.—
(1) IN GENERAL.—Not later than 1 year after the date of the first meeting of the Commission, the Commission shall submit to the appropriate committees of Congress a report describing recommendations to prevent, mitigate, suppress, and manage wildland fires, including—
(A) policy recommendations, including recommendations—
(i) to maximize the protection of human life, community water supplies, homes, and other essential structures, which may include recommendations to expand the use of initial attack strategies;
(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
(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
(D) an assessment of Federal spending on wildland fire-related disaster management, including—
(i) a description and assessment of Federal grant programs for States and units of local government for pre- and post-wildland fire disaster mitigation and recovery, including—
(ii) an evaluation, including recommendations to improve the effectiveness in mitigating wildland fires, which may include authorizing prescribed fires, of—
(I) the Building Resilient Infrastructure and Communities program under section 203 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5133);
(II) the Pre-Disaster Mitigation program under that section (42 U.S.C. 5133);
(III) the Hazard Mitigation Grant Program under section 404 of that Act (42 U.S.C. 5170c);
(IV) Hazard Mitigation Grant Program post-fire assistance under sections 404 and 420 of that Act (42 U.S.C. 5170c, 5187); and
(iii) an assessment of the definition of “small impoverished community” under section 203(a) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5133(a)), specifically—
(F) (i) a review of the national strategy described in the report entitled “The National Strategy: The Final Phase in the Development of the National Cohesive Wildland Fire Management Strategy” and dated April 2014; and
(2) SPECIFIC POLICY RECOMMENDATIONS.—To the maximum extent practicable, the report described in paragraph (1) shall include detailed short- and long-term policy recommendations, including any recommendations for Federal legislation.
(3) INTERIM REPORTS.—Before the submission of the report under paragraph (1), on approval of all members of the Commission, the Commission may submit to the appropriate committees of Congress 1 or more interim reports, as the Commission determines to be appropriate, relating to any matters described in paragraph (1).
(b) Report on aerial wildland firefighting equipment strategy and inventory assessment.—
(1) SUBMISSION OF INVENTORY TO THE COMMISSION.—Not later than 45 days after the date on which the Commission holds the first meeting of the Commission, the Secretary of Defense and the heads of other relevant Federal departments and agencies shall submit to the Commission an inventory of surplus cargo and passenger aircraft and excess common-use aircraft parts that may be used for wildland firefighting purposes, excluding any aircraft or aircraft parts that are—
(2) SUBMISSION OF REPORT TO CONGRESS.—Not later than 90 days after the date on which the Commission receives the inventory described in paragraph (1), the Commission shall submit to the appropriate committees of Congress a report outlining a strategy to meet aerial firefighting equipment needs through 2030 in the most cost-effective manner, including—
(A) an assessment of the expected number of aircraft and aircraft parts needed to fight wildland fires through 2030;
(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.
(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.—
(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.
This title may be cited as the “Repairing Existing Public Land by Adding Necessary Trees Act” or the “REPLANT Act”.
(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—
(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”;
(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.—
“(ii) PRIORITY LAND.—The term ‘priority land’ means National Forest System land that, due to an unplanned event—
“(iii) REFORESTATION.—The term ‘reforestation’ means the act of renewing tree cover, taking into consideration species composition and resilience, by establishing young trees through—
“(iv) SECRETARY.—The term ‘Secretary’ means the Secretary, acting through the Chief of the Forest Service.
“(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).
(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)—
(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—
Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Secretary of Agriculture shall submit to the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Agriculture of the House of Representatives, and make publicly available on the website of the Forest Service, a report that describes, with respect to the preceding year—
(1) an evaluation of the degree to which the Secretary has achieved compliance with the requirements contained in the amendments made by this title, including, as a result of those amendments, the number of acres covered by reforestation projects that follow unplanned events (such as wildfires);
(2) the total number of acres of land reforested under each authority of the Secretary under which reforestation projects have been carried out;
(3) the number of acres of National Forest System land affected by, and the substance of reforestation needs on that land resulting from, unplanned events; and
(4) the number of acres in need of reforestation under subsection (e)(1) of section 3 of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1601).
(a) Definitions.—In this section:
(1) ADMINISTRATOR.—The term “Administrator” means the Administrator of the Environmental Protection Agency.
(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—
(2) CONSULTATION.—The Administrator shall develop the best practices described in paragraph (1) in coordination with State, Tribal, and local governments and relevant nongovernmental and private sector entities.
(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—
(2) PURPOSES.—The purposes of the program are to improve battery collection and reduce battery waste, including by—
(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—
(B) the Mercury-Containing and Rechargeable Battery Management Act (42 U.S.C. 14301 et seq.).
(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)—
(3) ELIGIBLE ENTITIES.—
(A) IN GENERAL.—An entity that is eligible to receive a grant under the grant program is—
(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));
(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.
(5) ELIGIBLE ACTIVITIES.—An eligible entity that receives a grant under the grant program may use the grant funds for activities including—
(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
(7) MODEL RECYCLING PROGRAM TOOLKIT.—
(A) IN GENERAL.—In carrying out the grant program, the Administrator, in consultation with other relevant Federal agencies, States, Indian Tribes, units of local government, nonprofit organizations, and the private sector, shall develop a model recycling program toolkit for States, Indian Tribes, and units of local government that includes, at a minimum—
(i) a standardized set of terms and examples that may be used to describe materials that are accepted by a residential recycling program;
(ii) information that the Administrator determines can be widely applied across residential recycling programs, taking into consideration the differences in recycled materials accepted by residential recycling programs;
(iii) educational principles on best practices for the collection and processing of recycled materials;
(v) training modules that enable States and nonprofit organizations to provide technical assistance to units of local government;
(8) SCHOOL CURRICULUM.—The Administrator shall provide assistance to the educational community, including nonprofit organizations, such as an organization the science, technology, engineering, and mathematics program of which incorporates recycling, to promote the introduction of recycling principles and best practices into public school curricula.
(9) REPORTS.—
(A) TO THE ADMINISTRATOR.—Not earlier than 180 days, and not later than 2 years, after the date on which a grant under the grant program is awarded to an eligible entity, the eligible entity shall submit to the Administrator a report describing, by using the guide developed under paragraph (7)(A)(vii)—
(i) the change in volume of recycled material collected through the activities funded with the grant;
(B) TO CONGRESS.—The Administrator shall submit to Congress an annual report describing—
(c) Federal procurement.—Section 6002 of the Solid Waste Disposal Act (42 U.S.C. 6962) is amended—
(1) in subsection (e), in the matter preceding paragraph (1), by striking “and from time to time, revise” and inserting “review not less frequently than once every 5 years, and, if appropriate, revise, in consultation with recyclers and manufacturers of products containing recycled content, not later than 2 years after the completion of the initial review after the date of enactment of the Infrastructure Investment and Jobs Act and thereafter, as appropriate”; and
(2) by adding at the end the following:
“(j) Consultation and provision of information by Administrator.—The Administrator shall—
(d) Authorization of appropriations.—
(1) IN GENERAL.—There is authorized to be appropriated to the Administrator to carry out this section and the amendments made by this section $15,000,000 for each of fiscal years 2022 through 2026.
(2) REQUIREMENT.—Of the amount made available under paragraph (1) for a fiscal year, not less than 20 percent shall be allocated to—
(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)).
(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—
(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—
(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)));
(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.
(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—
(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;
(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:
“It is the sense of Congress that—
“For the purposes of this subtitle:
“(1) ASSET RESPONSE ACTIVITY.—The term ‘asset response activity’ means an activity to support an entity impacted by an incident with the response to, remediation of, or recovery from, the incident, including—
“(A) furnishing technical and advisory assistance to the entity to protect the assets of the entity, mitigate vulnerabilities, and reduce the related impacts;
“(B) assessing potential risks to the critical infrastructure sector or geographic region impacted by the incident, including potential cascading effects of the incident on other critical infrastructure sectors or geographic regions;
“(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.
“(a) In general.—
“(1) DECLARATION.—The Secretary, in consultation with the National Cyber Director, may make a declaration of a significant incident in accordance with this section for the purpose of enabling the activities described in this subtitle if the Secretary determines that—
“(b) Asset response activities.—Upon a declaration, the Director shall coordinate—
“(1) the asset response activities of each Federal agency in response to the specific significant incident associated with the declaration; and
“(e) Publication.—
“(f) Advance actions.—
“(1) IN GENERAL.—The Secretary—
“(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.
“(a) In general.—There is established a Cyber Response and Recovery Fund, which shall be available for—
“(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—
“(3) as the Director determines appropriate, grants for, or cooperative agreements with, Federal, State, local, and Tribal public and private entities to respond to, and recover from, the specific significant incident associated with a declaration, such as—
“(b) Deposits and expenditures.—
“(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.
“(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—
“(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—
“(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);
“(c) Classification.—Each notification made under subsection (a) and each report submitted under subsection (b)—
“(d) Consolidated report.—The Secretary shall not be required to submit multiple reports under subsection (b) for multiple declarations or renewals if the Secretary determines that the declarations or renewals substantively relate to the same specific significant incident.
“(e) Exemption.—The requirements of subchapter I of chapter 35 of title 44 (commonly known as the ‘Paperwork Reduction Act’) shall not apply to the voluntary collection of information by the Department during an investigation of, a response to, or an immediate post-response review of, the specific significant incident leading to a declaration or renewal.
“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.
“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.
(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:
“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.”.
This subtitle may be cited as the “State and Local Cybersecurity Improvement Act”.
(a) In general.—Subtitle A of title XXII of the Homeland Security Act of 2002 (6 U.S.C. 651 et seq.) is amended by adding at the end the following:
“SEC. 2218. State and Local Cybersecurity Grant Program.
“(a) Definitions.—In this section:
“(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).
“(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.—
“(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—
“(3) pay expenses directly relating to the administration of the grant, which shall not exceed 5 percent of the amount of the grant;
“(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—
“(B) describe, to the extent practicable, how the eligible entity will—
“(i) manage, monitor, and track information systems, applications, and user accounts owned or operated by, or on behalf of, the eligible entity or, if the eligible entity is a State, local governments within the jurisdiction of the eligible entity, and the information technology deployed on those information systems, including legacy information systems and information technology that are no longer supported by the manufacturer of the systems or technology;
“(ii) monitor, audit, and, track network traffic and activity transiting or traveling to or from information systems, applications, and user accounts owned or operated by, or on behalf of, the eligible entity or, if the eligible entity is a State, local governments within the jurisdiction of the eligible entity;
“(iii) enhance the preparation, response, and resiliency of information systems, applications, and user accounts owned or operated by, or on behalf of, the eligible entity or, if the eligible entity is a State, local governments within the jurisdiction of the eligible entity, against cybersecurity risks and cybersecurity threats;
“(iv) implement a process of continuous cybersecurity vulnerability assessments and threat mitigation practices prioritized by degree of risk to address cybersecurity risks and cybersecurity threats on information systems, applications, and user accounts owned or operated by, or on behalf of, the eligible entity or, if the eligible entity is a State, local governments within the jurisdiction of the eligible entity;
“(v) ensure that the eligible entity and, if the eligible entity is a State, local governments within the jurisdiction of the eligible entity, adopt and use best practices and methodologies to enhance cybersecurity, such as—
“(I) the practices set forth in the cybersecurity framework developed by the National Institute of Standards and Technology;
“(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—
“(xiii) implement an information technology and operational technology modernization cybersecurity review process that ensures alignment between information technology and operational technology cybersecurity objectives;
“(xiv) develop and coordinate strategies to address cybersecurity risks and cybersecurity threats in consultation with—
“(C) assess the capabilities of the eligible entity relating to the actions described in subparagraph (B);
“(D) describe, as appropriate and to the extent practicable, the individual responsibilities of the eligible entity and local governments within the jurisdiction of the eligible entity in implementing the plan;
“(E) outline, to the extent practicable, the necessary resources and a timeline for implementing the plan; and
“(F) describe the metrics the eligible entity will use to measure progress towards—
“(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.
“(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—
“(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;
“(g) Planning committees.—
“(1) IN GENERAL.—An eligible entity that receives a grant under this section shall establish a cybersecurity planning committee to—
“(2) COMPOSITION.—A committee of an eligible entity established under paragraph (1) shall—
“(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—
“(5) RULE OF CONSTRUCTION REGARDING CONTROL OF INFORMATION SYSTEMS OF ELIGIBLE ENTITIES.—Nothing in this subsection shall be construed to permit a cybersecurity planning committee of an eligible entity that meets the requirements of this subsection to make decisions relating to information systems owned or operated by, or on behalf of, the eligible entity.
“(h) Special rule for Tribal governments.—With respect to any requirement under subsection (e) or (g), the Secretary, in consultation with the Secretary of the Interior and Tribal governments, may prescribe an alternative substantively similar requirement for Tribal governments if the Secretary finds that the alternative requirement is necessary for the effective delivery and administration of grants to Tribal governments under this section.
“(i) Review of plans.—
“(1) REVIEW AS CONDITION OF GRANT.—
“(A) IN GENERAL.—Subject to paragraph (3), before an eligible entity may receive a grant under this section, the Secretary, acting through the Director, shall—
“(B) DURATION OF DETERMINATION.—In the case of a determination under subparagraph (A)(ii) that a Cybersecurity Plan satisfies the requirements under paragraph (2), the determination shall be effective for the 2-year period beginning on the date of the determination.
“(C) ANNUAL RENEWAL.—Not later than 2 years after the date on which the Secretary determines under subparagraph (A)(ii) that a Cybersecurity Plan satisfies the requirements under paragraph (2), and annually thereafter, the Secretary, acting through the Director, shall—
“(2) PLAN REQUIREMENTS.—In reviewing a Cybersecurity Plan of an eligible entity under this subsection, the Secretary, acting through the Director, shall ensure that the Cybersecurity Plan—
“(3) EXCEPTION.—Notwithstanding subsection (e) and paragraph (1) of this subsection, the Secretary may award a grant under this section to an eligible entity that does not submit a Cybersecurity Plan to the Secretary for review before September 30, 2023, if the eligible entity certifies to the Secretary that—
“(4) RULE OF CONSTRUCTION.—Nothing in this subsection shall be construed to provide authority to the Secretary to—
“(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—
“(2) COMPLIANCE OVERSIGHT.—In addition to any other remedy available, the Secretary may take such actions as are necessary to ensure that a recipient of a grant under this section uses the grant for the purposes for which the grant is awarded.
“(3) RULE OF CONSTRUCTION.—Nothing in paragraph (1)(A) shall be construed to prohibit the use of funds from a grant under this section awarded to a State, local, or Tribal government for otherwise permissible uses under this section on the basis that the State, local, or Tribal government has previously used State, local, or Tribal funds to support the same or similar uses.
“(k) Opportunity to amend applications.—In considering applications for grants under this section, the Secretary shall provide applicants with a reasonable opportunity to correct any defects in those applications before making final awards, including by allowing applicants to revise a submitted Cybersecurity Plan.
“(l) Apportionment.—For fiscal year 2022 and each fiscal year thereafter, the Secretary shall apportion amounts appropriated to carry out this section among eligible entities as follows:
“(1) BASELINE AMOUNT.—The Secretary shall first apportion—
“(2) REMAINDER.—The Secretary shall apportion the remainder of such amounts to States as follows:
“(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—
“(2) WAIVER.—
“(A) IN GENERAL.—The Secretary may waive or modify the requirements of paragraph (1) if an eligible entity or multi-entity group demonstrates economic hardship.
“(B) GUIDELINES.—The Secretary shall establish and publish guidelines for determining what constitutes economic hardship for the purposes of this subsection.
“(C) CONSIDERATIONS.—In developing guidelines under subparagraph (B), the Secretary shall consider, with respect to the jurisdiction of an eligible entity—
“(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
“(3) WAIVER FOR TRIBAL GOVERNMENTS.—Notwithstanding paragraph (2), the Secretary, in consultation with the Secretary of the Interior and Tribal governments, may waive or modify the requirements of paragraph (1) for 1 or more Tribal governments if the Secretary determines that the waiver is in the public interest.
“(n) Responsibilities of grantees.—
“(1) CERTIFICATION.—Each eligible entity or multi-entity group that receives a grant under this section shall certify to the Secretary that the grant will be used—
“(2) AVAILABILITY OF FUNDS TO LOCAL GOVERNMENTS AND RURAL AREAS.—
“(A) IN GENERAL.—Subject to subparagraph (C), not later than 45 days after the date on which an eligible entity or multi-entity group receives a grant under this section, the eligible entity or multi-entity group shall, without imposing unreasonable or unduly burdensome requirements as a condition of receipt, obligate or otherwise make available to local governments within the jurisdiction of the eligible entity or the eligible entities that comprise the multi-entity group, consistent with the Cybersecurity Plan of the eligible entity or the Cybersecurity Plans of the eligible entities that comprise the multi-entity group—
“(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—
“(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.—
“(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
“(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—
“(p) Notification to Congress.—Not later than 3 business days before the date on which the Department announces the award of a grant to an eligible entity under this section, including an announcement to the eligible entity, the Secretary shall provide to the appropriate committees of Congress notice of the announcement.
“(q) Reports, study, and review.—
“(1) ANNUAL REPORTS BY GRANT RECIPIENTS.—
“(A) IN GENERAL.—Not later than 1 year after the date on which an eligible entity receives a grant under this section for the purpose of implementing the Cybersecurity Plan of the eligible entity, including an eligible entity that comprises a multi-entity group that receives a grant for that purpose, and annually thereafter until 1 year after the date on which funds from the grant are expended or returned, the eligible entity shall submit to the Secretary a report that, using the metrics described in the Cybersecurity Plan of the eligible entity, describes the progress of the eligible entity in—
“(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—
“(2) ANNUAL REPORTS TO CONGRESS.—Not less frequently than annually, the Secretary, acting through the Director, shall submit to Congress a report on—
“(3) PUBLIC AVAILABILITY.—
“(A) IN GENERAL.—The Secretary, acting through the Director, shall make each report submitted under paragraph (2) publicly available, including by making each report available on the website of the Agency.
“(B) REDACTIONS.—In making each report publicly available under subparagraph (A), the Director may make redactions that the Director, in consultation with each eligible entity, determines necessary to protect classified or other information exempt from disclosure under section 552 of title 5, United States Code (commonly referred to as the ‘Freedom of Information Act’).
“(4) STUDY OF RISK-BASED FORMULAS.—
“(A) IN GENERAL.—Not later than September 30, 2024, the Secretary, acting through the Director, shall submit to the appropriate committees of Congress a study and legislative recommendations on the potential use of a risk-based formula for apportioning funds under this section, including—
“(i) potential components that could be included in a risk-based formula, including the potential impact of those components on support for rural areas under this section;
“(ii) potential sources of data and information necessary for the implementation of a risk-based formula;
“(iii) any obstacles to implementing a risk-based formula, including obstacles that require a legislative solution;
“(B) INAPPLICABILITY OF PAPERWORK REDUCTION ACT.—The requirements of chapter 35 of title 44, United States Code (commonly referred to as the ‘Paperwork Reduction Act’), shall not apply to any action taken to carry out this paragraph.
“(5) TRIBAL CYBERSECURITY NEEDS REPORT.—Not later than 2 years after the date of enactment of this section, the Secretary, acting through the Director, shall submit to Congress a report that—
“(r) Authorization of appropriations.—
“(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) 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.”.
(a) In general.—Notwithstanding any other provision of law, in the case of a project described in subsection (b), the entity carrying out the project shall, during the planning and project development process and prior to signing any Project Development Agreement, conduct a value for money analysis or comparable analysis of the project, which shall include an evaluation of—
(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) Project described.—A project referred to in subsection (a) is a transportation project—
(2) carried out—
(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
(c) Reporting requirements.—
(1) PROJECT REPORTS.—For each project described in subsection (b), the entity carrying out the project shall—
(a) Definitions.—Section 41001 of the FAST Act (42 U.S.C. 4370m) is amended—
(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)—
(C) by inserting after clause (ii) the following:
“(iii) is—
“(II) sponsored by an Indian Tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304)), an Alaska Native Corporation, a Native Hawaiian organization (as defined in section 6207 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7517)), the Department of Hawaiian Home Lands, or the Office of Hawaiian Affairs; and
(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)—
(ii) by adding at the end the following:
“(II) REDESIGNATION.—If an individual listed in subparagraph (B) designates a different member to serve on the Council than the member designated under subclause (I), the individual shall notify the Executive Director of the designation by not later than 30 days after the date on which the designation is made.”; and
(3) in subsection (c)—
(A) in paragraph (1)(C)(ii)—
(iii) by inserting after subclause (I) the following:
“(II) GOAL.—
“(aa) IN GENERAL.—To the maximum extent practicable, and consistent with applicable Federal law, the Executive Director, in consultation with the Council, shall aim to develop recommended performance schedules under clause (i) of not more than 2 years.
“(bb) EXCEPTION.—If a recommended performance schedule developed under clause (i) exceeds 2 years, the relevant agencies, in consultation with the Executive Director and the Council, shall explain in that recommended performance schedule the factors that cause the environmental reviews and authorizations in that category of covered projects to take longer than 2 years.”; and
(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—
(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:
(2) in subsection (b)—
(A) in paragraph (2)(A), by adding at the end the following:
“(iii) PROJECTS OTHER THAN COVERED PROJECTS.—
“(I) IN GENERAL.—The Executive Director may direct a lead agency to create a specific entry on the Dashboard for a project that is not a covered project and is under review by the lead agency if the Executive Director determines that a Dashboard entry for that project is in the interest of transparency.
“(II) REQUIREMENTS.—Not later than 14 days after the date on which the Executive Director directs the lead agency to create a specific entry on the Dashboard for a project described in subclause (I), the lead agency shall create and maintain a specific entry on the Dashboard for the project that contains—
“(bb) the status of the compliance of each lead agency, cooperating agency, and participating agency with the permitting timetable required under item (aa);
(3) in subsection (c)(2)—
(B) in subparagraph (D)(i)—
(C) in subparagraph (F)—
(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
(d) Coordination of required reviews.—Section 41005 of the FAST Act (42 U.S.C. 4370m–4) is amended—
(1) in subsection (a)—
(C) by adding at the end the following:
“(3) where an environmental impact statement is required for a project, prepare a single, joint interagency environmental impact statement for the project unless the lead agency provides justification in the coordinated project plan that multiple environmental documents are more efficient for project review and authorization.”;
(2) in subsection (b)—
(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
(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)—
(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—”;
(e) Litigation, judicial review, and savings provision.—Section 41007 of the FAST Act (42 U.S.C. 4370m–6) is amended—
(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.—
“(2) QUARTERLY AGENCY PERFORMANCE REPORT.—The Executive Director shall submit to Congress a quarterly report evaluating agency compliance with the provisions of this title, which shall include a description of the implementation and adherence of each agency to the coordinated project plan and permitting timetable requirements under section 41003(c).
“(3) AGENCY BEST PRACTICES REPORT.—Not later than April 15 of each year, each participating agency and lead agency shall submit to Congress and the Director of the Office of Management and Budget a report assessing the performance of the agency in implementing the best practices described in section 41002(c)(2)(B).”.
(g) Funding for governance, oversight, and processing of environmental reviews and permits.—Section 41009 of the FAST Act (42 U.S.C. 4370m–8) is amended—
(1) by striking subsection (a) and inserting the following:
“(a) In general.—For the purpose of carrying out this title, the Executive Director, in consultation with the heads of the agencies listed in section 41002(b)(2)(B) and with the guidance of the Director of the Office of Management and Budget, may, after public notice and opportunity for comment, issue regulations establishing a fee structure for sponsors of covered projects to reimburse the United States for reasonable costs incurred in conducting environmental reviews and authorizations for covered projects.”;
(3) in subsection (d)—
(B) by striking paragraphs (2) and (3) and inserting the following:
“(2) AVAILABILITY.—Amounts in the Fund shall be available to the Executive Director, without fiscal year limitation, solely for the purposes of administering, implementing, and enforcing this title, including the expenses of the Council, staffing of the Office of the Executive Director, and support of the role of the Council as a Federal center for permitting excellence, which may include supporting interagency detailee and rotation opportunities, advanced training, enhanced support for agency project managers, and fora for sharing information and lessons learned.
“(3) TRANSFER.—For the purpose of carrying out this title, the Executive Director, with the approval of the Director of the Office of Management and Budget, may transfer amounts in the Fund to other Federal agencies and State, Tribal, and local governments to facilitate timely and efficient environmental reviews and authorizations for covered projects and other projects under this title, including direct reimbursement agreements with agency CERPOs, reimbursable agreements, and approval and consultation processes and staff for covered projects.”.
(h) Sunset.—Section 41013 of the FAST Act (42 U.S.C. 4370m–12) is repealed.
(i) Technical correction.—Section 41002(b)(2)(A)(ii) of the FAST Act (42 U.S.C. 4370m–1(b)(2)(A)(ii)) is amended by striking “councilmem-ber” and inserting “councilmember”.
(j) Clerical amendment.—The table of contents in section 1(b) of the FAST Act (Public Law 114–94; 129 Stat. 1319) is amended by striking the item relating to section 41002 and inserting the following:
“Sec. 41002. Federal Permitting Improvement Steering Council.”.
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;
(7) by incentivizing domestic manufacturing, domestic content procurement preferences reinvest tax dollars in companies and processes using the highest labor and environmental standards in the world;
(8) strong domestic content procurement preference policies act to prevent shifts in production to countries that rely on production practices that are significantly less energy efficient and far more polluting than those in the United States;
(9) for over 75 years, Buy America and other domestic content procurement preference laws have been part of the United States procurement policy, ensuring that the United States can build and rebuild the infrastructure of the United States with high-quality American-made materials;
(10) before the date of enactment of this Act, a domestic content procurement preference requirement may not apply, may apply only to a narrow scope of products and materials, or may be limited by waiver with respect to many infrastructure programs, which necessitates a review of such programs, including programs for roads, highways, and bridges, public transportation, dams, ports, harbors, and other maritime facilities, intercity passenger and freight railroads, freight and intermodal facilities, airports, water systems, including drinking water and wastewater systems, electrical transmission facilities and systems, utilities, broadband infrastructure, and buildings and real property;
(11) Buy America laws create demand for domestically produced goods, helping to sustain and grow domestic manufacturing and the millions of jobs domestic manufacturing supports throughout product supply chains;
(12) as of the date of enactment of this Act, domestic content procurement preference policies apply to all Federal Government procurement and to various Federal-aid infrastructure programs;
(13) a robust domestic manufacturing sector is a vital component of the national security of the United States;
(14) as more manufacturing operations of the United States have moved offshore, the strength and readiness of the defense industrial base of the United States has been diminished; and
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—
(3) FEDERAL AGENCY.—The term “Federal agency” means any authority of the United States that is an “agency” (as defined in section 3502 of title 44, United States Code), other than an independent regulatory agency (as defined in that section).
(4) FEDERAL FINANCIAL ASSISTANCE.—
(A) IN GENERAL.—The term “Federal financial assistance” has the meaning given the term in section 200.1 of title 2, Code of Federal Regulations (or successor regulations).
(B) INCLUSION.—The term “Federal financial assistance” includes all expenditures by a Federal agency to a non-Federal entity for an infrastructure project, except that it does not include expenditures for assistance authorized under section 402, 403, 404, 406, 408, or 502 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170a, 5170b, 5170c, 5172, 5174, or 5192) relating to a major disaster or emergency declared by the President under section 401 or 501, respectively, of such Act (42 U.S.C. 5170, 5191) or pre and post disaster or emergency response expenditures.
(5) INFRASTRUCTURE.—The term “infrastructure” includes, at a minimum, the structures, facilities, and equipment for, in the United States—
(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—
(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
(a) In general.—Not later than 60 days after the date of enactment of this Act, the head of each Federal agency shall—
(b) Requirements.—In the report under subsection (a), the head of each Federal agency shall, for each Federal financial assistance program—
(1) identify all domestic content procurement preferences applicable to the Federal financial assistance;
(2) assess the applicability of the domestic content procurement preference requirements, including—
(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);
(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
(a) In general.—Not later than 180 days after the date of enactment of this Act, the head of each Federal agency shall ensure that none of the funds made available for a Federal financial assistance program for infrastructure, including each deficient program, may be obligated for a project unless all of the iron, steel, manufactured products, and construction materials used in the project are produced in the United States.
(b) Waiver.—The head of a Federal agency that applies a domestic content procurement preference under this section may waive the application of that preference in any case in which the head of the Federal agency finds that—
(1) applying the domestic content procurement preference would be inconsistent with the public interest;
(c) Written justification.—Before issuing a waiver under subsection (b), the head of the Federal agency shall—
(d) Review of waivers of general applicability.—
(1) IN GENERAL.—An existing general applicability waiver or a general applicability waiver issued under subsection (b) shall be reviewed every 5 years after the date on which the waiver is issued.
(2) REVIEW.—In conducting a review of a general applicability waiver, the head of a Federal agency shall—
(3) LIMITATION ON THE REVIEW OF EXISTING WAIVERS OF GENERAL APPLICABILITY.—For a period of 5 years beginning on the date of enactment of this Act, paragraphs (1) and (2) shall not apply to any product-specific general applicability waiver that was issued more than 180 days before the date of enactment of this Act.
(a) Guidance.—The Director of the Office of Management and Budget shall—
(2) if necessary, amend subtitle A of title 2, Code of Federal Regulations (or successor regulations), to ensure that domestic content procurement preference requirements required by this part or other Federal law are imposed through the terms and conditions of awards of Federal financial assistance.
(b) Standards for construction materials.—
(1) IN GENERAL.—Not later than 180 days after the date of enactment of this Act, the Director of the Office of Management and Budget shall issue standards that define the term “all manufacturing processes” in the case of construction materials.
(b) Technical assistance partnership.—Not later than 90 days after the date of the enactment of this Act, the Secretary shall enter into a technical assistance partnership with the Secretary of Commerce, acting through the Director of the National Institute of Standards and Technology—
(1) to ensure the development of a domestic supply base to support intermodal transportation in the United States, such as intercity high speed rail transportation, public transportation systems, highway construction or reconstruction, airport improvement projects, and other infrastructure projects under the jurisdiction of the Secretary;
(2) to ensure compliance with Buy America laws that apply to a project that receives assistance from the Federal Highway Administration, the Federal Transit Administration, the Federal Railroad Administration, the Federal Aviation Administration, or another office or modal administration of the Secretary of Transportation;
(c) Consultation.—Before granting a written waiver under a Buy America law, the Secretary shall consult with the Director of the Hollings Manufacturing Extension Partnership regarding whether there is a domestic entity that could provide the iron, steel, manufactured product, or construction material that is the subject of the proposed waiver.
(d) Annual report.—Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Secretary shall submit to the Committee on Commerce, Science, and Transportation, the Committee on Banking, Housing, and Urban Affairs, the Committee on Environment and Public Works, and the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Transportation and Infrastructure and the Committee on Oversight and Reform of the House of Representatives a report that includes—
(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;
(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.
(a) In general.—Not later than 1 year after the date of the enactment of this Act, the Director of the Office of Management and Budget (“Director”), acting through the Administrator for Federal Procurement Policy and, in consultation with the Federal Acquisition Regulatory Council, shall promulgate final regulations or other policy or management guidance, as appropriate, to standardize and simplify how Federal agencies comply with, report on, and enforce the Buy American Act. The regulations or other policy or management guidance shall include, at a minimum, the following:
(1) Guidelines for Federal agencies to determine, for the purposes of applying sections 8302(a) and 8303(b)(3) of title 41, United States Code, the circumstances under which the acquisition of articles, materials, or supplies mined, produced, or manufactured in the United States is inconsistent with the public interest.
(2) Guidelines to ensure Federal agencies base determinations of non-availability on appropriate considerations, including anticipated project delays and lack of substitutable articles, materials, and supplies mined, produced, or manufactured in the United States, when making determinations of non-availability under section 8302(a)(1) of title 41, United States Code.
(3) (A) Uniform procedures for each Federal agency to make publicly available, in an easily identifiable location on the website of the agency, and within the following time periods, the following information:
(i) A written description of the circumstances in which the head of the agency may waive the requirements of the Buy American Act.
(ii) Each waiver made by the head of the agency within 30 days after making such waiver, including a justification with sufficient detail to explain the basis for the waiver.
(B) The procedures established under this paragraph shall ensure that the head of an agency, in consultation with the head of the Made in America Office established under section 70923(a), may limit the publication of classified information, trade secrets, or other information that could damage the United States.
(4) Guidelines for Federal agencies to ensure that a project is not disaggregated for purposes of avoiding the applicability of the requirements under the Buy American Act.
(b) Guidelines relating to waivers.—
(1) INCONSISTENCY WITH PUBLIC INTEREST.—
(A) IN GENERAL.—With respect to the guidelines developed under subsection (a)(1), the Administrator shall seek to minimize waivers related to contract awards that—
(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.
(c) Sense of Congress on increasing domestic content requirements.—It is the sense of Congress that the Federal Acquisition Regulatory Council should amend the Federal Acquisition Regulation to increase the domestic content requirements for domestic end products and domestic construction material to 75 percent, or, in the event of no qualifying offers, 60 percent.
(d) Definition of end product manufactured in the United States.—Not later than 1 year after the date of the enactment of this Act, the Federal Acquisition Regulatory Council shall amend part 25 of the Federal Acquisition Regulation to provide a definition for “end product manufactured in the United States,” including guidelines to ensure that manufacturing processes involved in production of the end product occur domestically.
(a) Special rules relating to American materials required for public use.—Section 8302 of title 41, United States Code, is amended by adding at the end the following new subsection:
“(c) Special rules.—The following rules apply in carrying out the provisions of subsection (a):
“(1) IRON AND STEEL MANUFACTURED IN THE UNITED STATES.—For purposes of this section, manufactured articles, materials, and supplies of iron and steel are deemed manufactured in the United States only if all manufacturing processes involved in the production of such iron and steel, from the initial melting stage through the application of coatings, occurs in the United States.
“(2) LIMITATION ON EXCEPTION FOR COMMERCIALLY AVAILABLE OFF-THE-SHELF ITEMS.—Notwithstanding any law or regulation to the contrary, including section 1907 of this title and the Federal Acquisition Regulation, the requirements of this section apply to all iron and steel articles, materials, and supplies.”.
(b) Production of iron and steel for purposes of contracts for public works.—Section 8303 of title 41, United States Code, is amended—
(2) by inserting after subsection (b) the following new subsection:
“(c) Special rules.—
“(1) PRODUCTION OF IRON AND STEEL.—For purposes of this section, manufactured articles, materials, and supplies of iron and steel are deemed manufactured in the United States only if all manufacturing processes involved in the production of such iron and steel, from the initial melting stage through the application of coatings, occurs in the United States.
“(2) LIMITATION ON EXCEPTION FOR COMMERCIALLY AVAILABLE OFF-THE-SHELF ITEMS.—Notwithstanding any law or regulation to the contrary, including section 1907 of this title and the Federal Acquisition Regulation, the requirements of this section apply to all iron and steel articles, materials, and supplies used in contracts described in subsection (a).”.
(c) Annual report.—Subsection (b) of section 8302 of title 41, United States Code, is amended to read as follows:
“(b) Reports.—
“(1) IN GENERAL.—Not later than 180 days after the end of the fiscal year during which the Build America, Buy America Act is enacted, and annually thereafter for 4 years, the Director of the Office of Management and Budget, in consultation with the Administrator of General Services, shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Reform of the House of Representatives a report on the total amount of acquisitions made by Federal agencies in the relevant fiscal year of articles, materials, or supplies acquired from entities that mine, produce, or manufacture the articles, materials, or supplies outside the United States.
“(2) EXCEPTION FOR INTELLIGENCE COMMUNITY.—This subsection does not apply to acquisitions made by an agency, or component of an agency, that is an element of the intelligence community as specified in, or designated under, section 3 of the National Security Act of 1947 (50 U.S.C. 3003).”.
(d) Definition.—Section 8301 of title 41, United States Code, is amended by adding at the end the following new paragraph:
(e) Conforming amendments.—Title 41, United States Code, is amended—
(1) in section 8302(a)—
(A) in paragraph (1)—
(ii) by striking “their acquisition to be inconsistent with the public interest or their cost to be unreasonable” and inserting “their acquisition to be inconsistent with the public interest, their cost to be unreasonable, or that the articles, materials, or supplies of the class or kind to be used, or the articles, materials, or supplies from which they are manufactured, are not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities and of a satisfactory quality”; and
(B) in paragraph (2), by amending subparagraph (B) to read as follows:
“(B) to any articles, materials, or supplies procured pursuant to a reciprocal defense procurement memorandum of understanding (as described in section 8304 of this title), or a trade agreement or least developed country designation described in subpart 25.400 of the Federal Acquisition Regulation; and”; and
(2) in section 8303—
(A) in subsection (b)—
(i) by striking “department or independent establishment” each place it appears and inserting “Federal agency”;
(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
(a) Establishment.—The Director of the Office of Management and Budget shall establish within the Office of Management and Budget an office to be known as the “Made in America Office”. The head of the office shall be appointed by the Director of the Office of Management and Budget (in this section referred to as the “Made in America Director”).
(b) Duties.—The Made in America Director shall have the following duties:
(2) Develop and implement procedures to review waiver requests or inapplicability requests related to domestic preference statutes.
(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.
(c) Office of Management and Budget report.—Not later than 1 year after the date of the enactment of this Act, the Director of the Office of Management and Budget, working through the Made in America Director, shall report to the relevant congressional committees on the extent to which, in each of the three fiscal years prior to the date of enactment of this Act, articles, materials, or supplies acquired by the Federal Government were mined, produced, or manufactured outside the United States. Such report shall include for each Federal agency the following:
(1) A summary of total procurement funds expended on articles, materials, and supplies mined, produced, or manufactured—
(2) For each fiscal year covered by the report—
(A) the dollar value of any articles, materials, or supplies that were mined, produced, or manufactured outside the United States, in the aggregate and by country;
(B) an itemized list of all waivers made under the Buy American Act with respect to articles, materials, or supplies, where available, and the country where such articles, materials, or supplies were mined, produced, or manufactured;
(C) if any articles, materials, or supplies were acquired from entities that mine, produce, or manufacture such articles, materials, or supplies outside the United States due to an exception (that is not the micro-purchase threshold exception described under section 8302(a)(2)(C) of title 41, United States Code), the specific exception that was used to purchase such articles, materials, or supplies; and
(D) if any articles, materials, or supplies were acquired from entities that mine, produce, or manufacture such articles, materials, or supplies outside the United States pursuant to a reciprocal defense procurement memorandum of understanding (as described in section 8304 of title 41, United States Code), or a trade agreement or least developed country designation described in subpart 25.400 of the Federal Acquisition Regulation, a citation to such memorandum of understanding, trade agreement, or designation.
(d) Review of reciprocal defense agreements.—
(1) REVIEW OF PROCESS.—Not later than 180 days after the date of the enactment of this Act, the Made in America Director shall review the Department of Defense’s use of reciprocal defense agreements to determine if domestic entities have equal and proportional access and report the findings of the review to the Director of the Office of Management and Budget, the Secretary of Defense, and the Secretary of State.
(2) REVIEW OF RECIPROCAL PROCUREMENT MEMORANDA OF UNDERSTANDING.—The Made in America Director shall review reciprocal procurement memoranda of understanding entered into after the date of the enactment of this Act between the Department of Defense and its counterparts in foreign governments to assess whether domestic entities will have equal and proportional access under the memoranda of understanding and report the findings of the review to the Director of the Office of Management and Budget, the Secretary of Defense, and the Secretary of State.
(e) Report on use of Made in America laws.—The Made in America Director shall submit to the relevant congressional committees a summary of each report on the use of Made in America Laws received by the Made in America Director pursuant to section 11 of Executive Order 14005, dated January 25, 2021 (relating to ensuring the future is made in all of America by all of America’s workers) not later than 90 days after the date of the enactment of this Act or receipt of the reports required under section 11 of such Executive Order, whichever is later.
(f) Domestic preference statute defined.—In this section, the term “domestic preference statute” means any of the following:
(4) section 604 of the American Recovery and Reinvestment Act of 2009 (6 U.S.C. 453b) (commonly referred to as the “Kissell amendment”);
(6) laws requiring domestic preference for maritime transport, including the Merchant Marine Act, 1920 (Public Law 66–261), commonly known as the “Jones Act”; and
(7) any other law, regulation, rule, or executive order relating to Federal financial assistance awards or Federal procurement, that requires, or provides a preference for, the purchase or acquisition of goods, products, or materials produced in the United States, including iron, steel, construction material, and manufactured goods offered in the United States.
(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!.
This part, and the amendments made by this part, shall be applied in a manner consistent with United States obligations under international agreements.
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—
(5) WAIVER.—The term “waiver”, with respect to the acquisition of an article, material, or supply for public use, means the inapplicability of chapter 83 of title 41, United States Code, to the acquisition by reason of any of the following determinations under section 8302(a)(1) or 8303(b) of such title:
(A) A determination by the head of the Federal agency concerned that the acquisition is inconsistent with the public interest.
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”);
(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);
It is the sense of Congress that—
(1) every executive agency should maximize, through terms and conditions of Federal financial assistance awards and Federal procurements, the use of goods, products, and materials produced in the United States and contracts for outsourced government service contracts to be performed by United States nationals;
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.
(a) In general.—Not later than one year after the date of the enactment of this Act, the Administrator of General Services shall establish an Internet website with the address BuyAmerican.gov that will be publicly available and free to access. The website shall include information on all waivers of and exceptions to Buy American laws since the date of the enactment of this Act that have been requested, are under consideration, or have been granted by executive agencies and be designed to enable manufacturers and other interested parties to easily identify waivers. The website shall also include the results of routine audits to determine data errors and Buy American law violations after the award of a contract. The website shall provide publicly available contact information for the relevant contracting agencies.
(a) Collection of information.—The Administrator of General Services, in consultation with the heads of relevant agencies, shall develop a mechanism to collect information on requests to invoke a Buy American waiver for a Federal contract, utilizing existing reporting requirements whenever possible, for purposes of providing early notice of possible waivers via the website established under section 70936.
(b) Waiver transparency and streamlining.—
(1) REQUIREMENT.—Prior to granting a request to waive a Buy American law, the head of an executive agency shall submit a request to invoke a Buy American waiver to the Administrator of General Services, and the Administrator of General Services shall make the request available on or through the public website established under section 70936 for public comment for not less than 15 days.
(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)—
(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;
(d) Nonavailability waivers.—
(1) IN GENERAL.—Except as provided under paragraph (2), for a request citing nonavailability as the statutory basis for a Buy American waiver, an executive agency shall provide an explanation of the procurement official’s efforts to procure a product from a domestic source and the reasons why a domestic product was not available from a domestic source. Those explanations shall be made available on BuyAmerican.gov prior to the issuance of the waiver, and the agency shall consider public comments regarding the availability of the product before making a final determination.
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.
(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.
This subtitle shall be applied in a manner consistent with United States obligations under international agreements.
Congress makes the following findings:
(1) The COVID–19 pandemic has exposed the vulnerability of the United States supply chains for, and lack of domestic production of, personal protective equipment (PPE).
(2) The United States requires a robust, secure, and wholly domestic PPE supply chain to safeguard public health and national security.
(3) Issuing a strategy that provides the government’s anticipated needs over the next three years will enable suppliers to assess what changes, if any, are needed in their manufacturing capacity to meet expected demands.
(4) In order to foster a domestic PPE supply chain, United States industry needs a strong and consistent demand signal from the Federal Government providing the necessary certainty to expand production capacity investment in the United States.
(5) In order to effectively incentivize investment in the United States and the re-shoring of manufacturing, long-term contracts must be no shorter than three years in duration.
(6) To accomplish this aim, the United States should seek to ensure compliance with its international obligations, such as its commitments under the World Trade Organization’s Agreement on Government Procurement and its free trade agreements, including by invoking any relevant exceptions to those agreements, especially those related to national security and public health.
(a) Definitions.—In this section:
(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term “appropriate congressional committees” means—
(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.
(b) Contract requirements for domestic production.—Beginning 90 days after the date of the enactment of this Act, in order to ensure the sustainment and expansion of personal protective equipment manufacturing in the United States and meet the needs of the current pandemic response, any contract for the procurement of personal protective equipment entered into by a covered Secretary, or a covered Secretary's designee, shall—
(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—
(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—
(e) Report.—
(1) IN GENERAL.—Not later than 180 days after the date of the enactment of this Act, the Director of the Office of Management and Budget, in consultation with the covered Secretaries, shall submit to the chairs and ranking members of the appropriate congressional committees a report on the procurement of personal protective equipment.
(2) ELEMENTS.—The report required under paragraph (1) shall include the following elements:
(A) The United States long-term domestic procurement strategy for PPE produced in the United States, including strategies to incentivize investment in and maintain United States supply chains for all PPE sufficient to meet the needs of the United States during a public health emergency.
(f) Authorization of transfer of equipment.—
(1) IN GENERAL.—A covered Secretary may transfer to the Strategic National Stockpile established under section 319F–2 of the Public Health Service Act (42 U.S.C. 247d–6b) any excess personal protective equipment acquired under a contract executed pursuant to subsection (b).
(2) TRANSFER OF EQUIPMENT DURING A PUBLIC HEALTH EMERGENCY.—
(A) AMENDMENT.—Title V of the Homeland Security Act of 2002 (6 U.S.C. 311 et seq.) is amended by adding at the end the following:
“SEC. 529. Transfer of equipment during a public health emergency.
“(a) Authorization of transfer of equipment.—During a public health emergency declared by the Secretary of Health and Human Services under section 319(a) of the Public Health Service Act (42 U.S.C. 247d(a)), the Secretary, at the request of the Secretary of Health and Human Services, may transfer to the Department of Health and Human Services, on a reimbursable basis, excess personal protective equipment or medically necessary equipment in the possession of the Department.
“(b) Determination by Secretaries.—
“(1) IN GENERAL.—In carrying out this section—
“(A) before requesting a transfer under subsection (a), the Secretary of Health and Human Services shall determine whether the personal protective equipment or medically necessary equipment is otherwise available; and
“(B) before initiating a transfer under subsection (a), the Secretary, in consultation with the heads of each component within the Department, shall—
“(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
(B) TABLE OF CONTENTS AMENDMENT.—The table of contents in section 1(b) of the Homeland Security Act of 2002 (Public Law 107–296; 116 Stat. 2135) is amended by inserting after the item relating to section 528 the following:
“Sec. 529. Transfer of equipment during a public health emergency.”.
(3) STRATEGIC NATIONAL STOCKPILE.—Section 319F–2(a) of the Public Health Service Act (42 U.S.C. 247d–6b(a)) is amended by adding at the end the following:
“(6) TRANSFERS OF ITEMS.—The Secretary, in coordination with the Secretary of Homeland Security, may sell drugs, vaccines and other biological products, medical devices, or other supplies maintained in the stockpile under paragraph (1) to a Federal agency or private, nonprofit, State, local, tribal, or territorial entity for immediate use and distribution, provided that any such items being sold are—
(g) Compliance with international agreements.—The President or the President’s designee shall take all necessary steps, including invoking the rights of the United States under Article III of the World Trade Organization’s Agreement on Government Procurement and the relevant exceptions of other relevant agreements to which the United States is a party, to ensure that the international obligations of the United States are consistent with the provisions of this subtitle.
(a) Establishment of program.—
(1) IN GENERAL.—Chapter 6 of title 23, United States Code, is amended by adding at the end the following:
Ҥ 611. Asset concessions and innovative finance assistance
“(a) Definitions.—In this section:
“(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—
“(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
“(3) ASSET CONCESSION PAYMENT.—The term ‘asset concession payment’ means a payment that—
“(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.
“(b) Establishment.—The Secretary shall establish a program to facilitate access to expert services for, and to provide grants to, eligible entities to enhance the technical capacity of eligible entities to facilitate and evaluate public-private partnerships in which the private sector partner could assume a greater role in project planning, development, financing, construction, maintenance, and operation, including by assisting eligible entities in entering into asset concessions.
“(c) Applications.—To be eligible to receive a grant under this section, an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require.
“(d) Eligible activities.—
“(1) TECHNICAL ASSISTANCE GRANTS.—An eligible entity may use amounts made available from a grant under this section for technical assistance to build the organizational capacity of the eligible entity to develop, review, or enter into an asset concession, including for—
“(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;
“(E) evaluating and publicly presenting the risks and benefits of all contract provisions for the purpose of transparency and accountability;
“(2) EXPERT SERVICES.—An eligible entity seeking to leverage public and private funding in connection with the development of an early-stage approved infrastructure asset, including in the development of alternative approaches to project delivery or procurement, may use amounts made available from a grant under this section to retain the services of an expert firm to provide to the eligible entity direct project level assistance, which services may include—
“(A) project planning, feasibility studies, revenue forecasting, economic assessments and cost-benefit analyses, public benefit studies, value-for-money analyses, business case development, lifecycle cost analyses, risk assessment, financing and funding options analyses, procurement alternatives analyses, statutory and regulatory framework analyses and other pre-procurement and pre-construction activities;
“(e) Distribution.—
“(1) MAXIMUM AMOUNT.—
“(f) Requirements.—
“(1) IN GENERAL.—The Secretary shall ensure that, as a condition of receiving a grant under this section, for any asset concession for which the grant provides direct assistance—
“(A) the asset concession shall not prohibit, discourage, or make it more difficult for an eligible entity to construct new infrastructure, to provide or expand transportation services, or to manage associated infrastructure in publicly beneficial ways, along a transportation corridor or in the proximity of a transportation facility that was a part of the asset concession;
“(B) the eligible entity shall have adopted binding rules to publish all major business terms of the proposed asset concession not later than the date that is 30 days before entering into the asset concession, to enable public review, including a certification of public interest based on the results of an assessment under subparagraph (D);
“(C) the asset concession shall not result in displacement, job loss, or wage reduction for the existing workforce of the eligible entity or other public entities;
“(D) the eligible entity or the concessionaire shall carry out a value-for-money analysis, or similar assessment, to compare the aggregate costs and benefits to the eligible entity of the asset concession against alternative options to determine whether the asset concession generates additional public benefits and serves the public interest;
“(E) the full amount of any asset concession payment received by the eligible entity under the asset concession, less any amount paid for transaction costs relating to the asset concession, shall be used to pay infrastructure costs of the eligible entity; and
“(F) the terms of the asset concession shall not result in any increase in costs under the asset concession being shifted to taxpayers the annual household income of whom is less than $400,000 per year, including through taxes, user fees, tolls, or any other measure, for use of an approved infrastructure asset.
“(2) AUDIT.—Not later than 3 years after the date on which an eligible entity enters into an asset concession as a result of a grant under this section—
“(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.
“(g) Funding.—
(2) CLERICAL AMENDMENT.—The analysis for chapter 6 of title 23, United States Code, is amended by adding at the end the following:
“611. Asset concessions and innovative finance assistance.”.
(b) Asset recycling report.—Not later than August 1, 2024, the Secretary shall submit to Congress a report that includes—
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—
“(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—
“(5) ELIGIBLE RECIPIENT.—
“(A) IN GENERAL.—Subject to subparagraph (B), the term ‘eligible recipient’ means—
“(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
“(B) SPECIAL REQUIREMENTS.—In the case of eligible recipients identified under clauses (ii) and (iii) of subparagraph (A), the Administrator shall establish timely and appropriate requirements for notice and shall establish timely and appropriate requirements for approval by the public school systems that would be served by buses purchased using award funds made available under this section.
“(6) HIGH-NEED LOCAL EDUCATIONAL AGENCY.—The term ‘high-need local educational agency’ means a local educational agency (as defined in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)) that is among the local educational agencies in the applicable State with high percentages of children counted under section 1124(c) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6333(c)), on the basis of the most recent satisfactory data available, as determined by the Secretary of Education (or, for a local educational agency for which no such data is available, such other data as the Secretary of Education determines to be satisfactory).
“(7) SCHOOL BUS.—The term ‘school bus’ has the meaning given the term ‘schoolbus’ in section 30125(a) of title 49, United States Code.
“(8) ZERO-EMISSION SCHOOL BUS.—The term ‘zero-emission school bus’ means a school bus that is certified by the Administrator to have a drivetrain that produces, under any possible operational mode or condition, zero exhaust emission of—
“(A) any air pollutant that is listed pursuant to section 108(a) of the Clean Air Act (42 U.S.C. 7408(a)) (or any precursor to such an air pollutant); and
“(b) Program for replacement of existing school buses with clean school buses and zero-emission school buses.—
“(1) ESTABLISHMENT.—The Administrator shall establish a program—
“(A) to award grants and rebates on a competitive basis to eligible recipients for the replacement of existing school buses with clean school buses;
“(B) to award grants and rebates on a competitive basis to eligible recipients for the replacement of existing school buses with zero-emission school buses;
“(2) ALLOCATION OF FUNDS.—Of the amounts made available for awards under paragraph (1) in a fiscal year, the Administrator shall award—
“(3) CONSIDERATIONS.—In making awards under paragraph (2)(B), the Administrator shall take into account the following criteria and shall not give preference to any individual criterion:
“(4) PRIORITY OF APPLICATIONS.—In making awards under paragraph (1), the Administrator may prioritize applicants that—
“(A) propose to replace school buses that serve—
“(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;
“(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;
“(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.—
“(c) Education and outreach.—
“(1) IN GENERAL.—Not later than 120 days after the date of enactment of the Infrastructure Investment and Jobs Act, the Administrator shall develop an education and outreach program to promote and explain the award program under this section.
“(2) COORDINATION WITH STAKEHOLDERS.—The education and outreach program under paragraph (1) shall be designed and conducted in conjunction with interested stakeholders.
“(3) COMPONENTS.—The education and outreach program under paragraph (1) shall—
“(A) inform potential award recipients on the process of applying for awards and fulfilling the requirements of awards;
“(D) make available information regarding best practices, lessons learned, and technical and other information regarding—
“(ii) the build-out of associated infrastructure and advance planning with the local electricity supplier;
“(d) Administrative costs.—The Administrator may use, for the administrative costs of carrying out this section, not more than 3 percent of the amounts made available to carry out this section for any fiscal year.
“(e) Regulations.—The Administrator shall have the authority to issue such regulations or other guidance, forms, instructions, and publications as may be necessary or appropriate to carry out the programs, projects, or activities authorized under this section, including to ensure that such programs, projects, or activities are completed in a timely and effective manner, result in emissions reductions, and maximize public health benefits.
“(f) Authorization of appropriations.—There is authorized to be appropriated to the Administrator to carry out this section, to remain available until expended, $1,000,000,000 for each of fiscal years 2022 through 2026, of which—
(a) Definitions.—In this section:
(1) ALTERNATIVE FUEL.—The term “alternative fuel” means—
(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
(a) Definitions.—In this section:
(1) BASIC ESSENTIAL FERRY SERVICE.—The term “basic essential ferry service” means scheduled ferry transportation service.
(b) Establishment.—The Secretary shall establish a program to ensure that basic essential ferry service is provided to rural areas by providing funds to States to provide such basic essential ferry service.
(c) Program criteria.—The Secretary shall establish requirements and criteria for participation in the program under this section, including requirements for the provision of funds to States.
(d) Waivers.—The Secretary shall establish criteria for the waiver of any requirement under this section.
(e) Treatment.—
(1) NOT ATTRIBUTABLE TO URBANIZED AREAS.—An eligible service that receives funds from a State under this section shall not be attributed to an urbanized area for purposes of apportioning funds under chapter 53 of title 49, United States Code.
(f) Funding.—There is authorized to be appropriated to the Secretary to carry out this section $200,000,000 for each of fiscal years 2022 through 2026.
Section 509 of the Indian Health Care Improvement Act (25 U.S.C. 1659) is amended—
(a) Highway Trust Fund.—Section 9503 of the Internal Revenue Code of 1986 is amended—
(a) In general.—
(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”:
(c) Floor stocks refunds.—Section 6412(a)(1) of the Internal Revenue Code of 1986 is amended—
(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”.
(e) Extension of transfers of certain taxes.—
(1) IN GENERAL.—Section 9503 of the Internal Revenue Code of 1986 is amended—
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:
(a) Extension.—
(1) IN GENERAL.—Section 4661(c) of the Internal Revenue Code of 1986 is amended to read as follows:
(2) IMPORTED SUBSTANCES.—Section 4671(e) of the Internal Revenue Code of 1986 is amended to read as follows:
(b) Modification of rates.—
(1) IN GENERAL.—Section 4661(b) of the Internal Revenue Code of 1986 is amended to read as follows:
“(b) Amount of tax.—The amount of tax imposed by subsection (a) shall be determined in accordance with the following table:
| “In the case of: | The tax is the following 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.”. |
(c) Rules relating to taxable substances.—
(1) MODIFICATION OF DETERMINATION OF TAXABLE SUBSTANCES.—Section 4672(a)(2)(B) of the Internal Revenue Code of 1986 is amended by striking “50 percent” each place it appears and inserting “20 percent”.
(2) PRESUMPTION AS A TAXABLE SUBSTANCE FOR PRIOR DETERMINATIONS.—Except as otherwise determined by the Secretary of the Treasury (or the Secretary’s delegate), any substance which was determined to be a taxable substance by reason of section 4672(a)(2) of the Internal Revenue Code of 1986 prior to the date of enactment of this Act shall continue to be treated as a taxable substance for purposes of such section after such date.
(3) PUBLICATION OF INITIAL LIST.—Not later than January 1, 2022, the Secretary of the Treasury (or the Secretary's delegate) shall publish an initial list of taxable substances under section 4672(a) of the Internal Revenue Code of 1986.
(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—
(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”.
(a) In general.—Section 142(a) of the Internal Revenue Code of 1986 is amended by striking “or” at the end of paragraph (14), by striking the period at the end of paragraph (15) and inserting “, or”, and by adding at the end the following new paragraph:
(b) Qualified broadband projects.—Section 142 of such Code is amended by adding at the end the following new subsection:
“(n) Qualified broadband project.—
“(1) IN GENERAL.—For purposes of subsection (a)(16), the term ‘qualified broadband project’ means any project which—
“(A) is designed to provide broadband service solely to 1 or more census block groups in which more than 50 percent of residential households do not have access to fixed, terrestrial broadband service which delivers at least 25 megabits per second downstream and at least 3 megabits service upstream, and
“(B) results in internet access to residential locations, commercial locations, or a combination of residential and commercial locations at speeds not less than 100 megabits per second for downloads and 20 megabits for second for uploads, but only if at least 90 percent of the locations provided such access under the project are locations where, before the project, a broadband service provider—
“(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,
(c) Partial exception from volume cap.—
(1) IN GENERAL.—Section 146(g) of the Internal Revenue Code of 1986 is amended by striking “and” at the end of paragraph (3), by striking the period at the end of paragraph (4) and inserting “, and”, and by inserting immediately after paragraph (4) the following new paragraph:
(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:
(b) Qualified carbon dioxide capture facilities.—Section 142 of such Code, as amended by section 80401, is amended by adding at the end the following new subsection:
“(o) Qualified carbon dioxide capture facility.—
“(1) IN GENERAL.—For purposes of subsection (a)(17), the term ‘qualified carbon dioxide capture facility’ means—
“(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.
“(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:
“(ii) EXCEPTIONS.—For purposes of clause (i), an industrial carbon dioxide facility shall not include—
“(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—
“(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.
(c) Volume cap.—Section 146(g) of such Code, as amended by section 80401, is amended by striking “and” at the end of paragraph (4), by striking the period at the end of paragraph (5) and inserting “, and”, and by inserting immediately after paragraph (5) the following new paragraph:
(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 ½ 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.”.
(a) In general.—Section 142(m)(2)(A) of the Internal Revenue Code of 1986 is amended by striking “$15,000,000,000” and inserting “$30,000,000,000”.
(a) In general.—Section 7508A(d) of the Internal Revenue Code of 1986 is amended—
(1) in paragraph (1)—
(A) by striking “the latest incident date so specified” in subparagraph (B) and inserting “the later of such earliest incident date described in subparagraph (A) or the date such declaration was issued”, and
(B) by striking “in the same manner as a period specified under subsection (a)” and inserting “in determining, under the internal revenue laws, in respect of any tax liability of such qualified taxpayer, whether any of the acts described in subparagraphs (A) through (F) of section 7508(a)(1) were performed within the time prescribed therefor (determined without regard to extension under any other provision of this subtitle for periods after the date determined under subparagraph (B))”,
(2) by striking paragraph (3) and inserting the following:
“(3) DISASTER AREA.—For purposes of this subsection, the term ‘disaster area’ means an area in which a major disaster for which the President provides financial assistance under section 408 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5174) occurs.”, and
(a) In general.—Section 7508(a)(1) of the Internal Revenue Code of 1986 is amended—
(a) In general.—Section 7451 of the Internal Revenue Code of 1986 is amended—
(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.
(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”.
(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),
(b) Conforming amendments.—
(1) The heading of section 7508A of the Internal Revenue Code of 1986 is amended by striking “Presidentially declared disaster” and inserting “Federally declared disaster, significant fire,”.
(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),”,
(3) by striking subsection (c) and inserting the following:
“(c) Special Rules for water and sewerage disposal utilities.—
“(1) GENERAL RULE.—For purposes of this section, the term ‘contribution to the capital of the taxpayer’ includes any amount of money or other property received from any person (whether or not a shareholder) by a regulated public utility which provides water or sewerage disposal services if—
“(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)—
“(3) DEFINITIONS.—For purposes of this subsection—
“(4) DISALLOWANCE OF DEDUCTIONS AND CREDITS; ADJUSTED BASIS.—Notwithstanding any other provision of this subtitle, no deduction or credit shall be allowed for, or by reason of, any expenditure which constitutes a contribution in aid of construction to which this subsection applies. The adjusted basis of any property acquired with contributions in aid of construction to which this subsection applies shall be zero.
“(d) Statute of Limitations.—If the taxpayer for any taxable year treats an amount as a contribution to the capital of the taxpayer described in subsection (c)(1)(A)(i), then—
(a) Funding stabilization under the Internal Revenue Code of 1986.—The table in subclause (II) of section 430(h)(2)(C)(iv) of the Internal Revenue Code of 1986 is amended to read as follows:
| “If the calendar year is: | The applicable minimum percentage is: | The applicable maximum percentage is: |
| Any year in the period starting in 2012 and ending in 2019 | 90% | 110% |
| Any year in the period starting in 2020 and ending in 2030 | 95% | 105% |
| 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:
| “If the calendar year is: | The applicable minimum percentage is: | The applicable maximum percentage is: |
| Any year in the period starting in 2012 and ending in 2019 | 90% | 110% |
| Any year in the period starting in 2020 and ending in 2030 | 95% | 105% |
| 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—
(a) Clarification of definition of broker.—Section 6045(c)(1) of the Internal Revenue Code of 1986 is amended—
(b) Reporting of digital assets.—
(1) BROKERS.—
(A) TREATMENT AS SPECIFIED SECURITY.—Section 6045(g)(3)(B) of the Internal Revenue Code of 1986 is amended by striking “and” at the end of clause (iii), by redesignating clause (iv) as clause (v), and by inserting after clause (iii) the following new clause:
(B) DEFINITION OF DIGITAL ASSET.—Section 6045(g)(3) of such Code is amended by adding at the end the following new subparagraph:
(2) FURNISHING OF INFORMATION.—
(A) IN GENERAL.—Section 6045A of such Code is amended—
(ii) by adding at the end the following:
“(d) Return requirement for certain transfers of digital assets not otherwise subject to reporting.—Any broker, with respect to any transfer (which is not part of a sale or exchange executed by such broker) during a calendar year of a covered security which is a digital asset from an account maintained by such broker to an account which is not maintained by, or an address not associated with, a person that such broker knows or has reason to know is also a broker, shall make a return for such calendar year, in such form as determined by the Secretary, showing the information otherwise required to be furnished with respect to transfers subject to subsection (a).”.
(c) Effective date.—The amendments made by this section shall apply to returns required to be filed, and statements required to be furnished, after December 31, 2023.
(d) Rule of construction.—Nothing in this section or the amendments made by this section shall be construed to create any inference, for any period prior to the effective date of such amendments, with respect to—
(1) whether any person is a broker under section 6045(c)(1) of the Internal Revenue Code of 1986, or
(a) In general.—Section 3134 of the Internal Revenue Code of 1986 is amended—
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
(a) Drawdown and sale.—
(1) IN GENERAL.—Notwithstanding section 161 of the Energy Policy and Conservation Act (42 U.S.C. 6241), except as provided in subsections (b) and (c), the Secretary of Energy shall draw down and sell from the Strategic Petroleum Reserve 87,600,000 barrels of crude oil during the period of fiscal years 2028 through 2031.
(2) TIMING.—Subject to paragraph (1) and subsection (c)(1), in determining the timing of each drawdown and sale from the Strategic Petroleum Reserve during the period of fiscal years 2028 through 2031 under paragraph (1), to the maximum extent practicable, the Secretary shall maximize the financial return to the United States taxpayers.
(3) DEPOSIT OF AMOUNTS RECEIVED FROM SALE.—Amounts received from a sale under paragraph (1) shall be deposited in the general fund of the Treasury during the fiscal year in which the sale occurs.
(4) SPR PETROLEUM ACCOUNT.—The Secretary of the Treasury shall deposit in the SPR Petroleum Account established under section 167(a) of the Energy Policy and Conservation Act (42 U.S.C. 6247(a)) $43,500,000, to be used to carry out paragraph (1) in accordance with section 167 of the Energy Policy and Conservation Act (42 U.S.C. 6247).
(b) Emergency protection.—The Secretary of Energy shall not draw down and sell crude oil under subsection (a) in a quantity that would limit the authority to sell petroleum products under subsection (h) of section 161 of the Energy Policy and Conservation Act (42 U.S.C. 6241) in the full quantity authorized by that subsection.
(c) Limitations.—
(1) IN GENERAL.—The Secretary of Energy shall not draw down or conduct sales of crude oil under subsection (a) after the date on which a total of $6,100,000,000 has been deposited in the general fund of the Treasury from sales authorized under that subsection.
(2) MINIMUM VOLUME.—Section 161(h)(2) of the Energy Policy and Conservation Act (42 U.S.C. 6241(h)(2)) is amended by striking “340,000,000” each place it appears and inserting “252,400,000”.
Congress finds the following:
(1) On July 16, 2021, the Congressional Budget Office (in this section referred to as “CBO”) reduced its projected cost of the extension of expanded unemployment compensation as enacted in the American Rescue Plan Act of 2021 (P.L. 117–2).
(2) CBO budget projections included mandatory outlays for the expansion totaling $144,000,000,000 in 2021 and $8,000,000,000 in 2022. That estimated cost is $50,000,000,000 less in 2021, and $3,000,000,000 less in 2022, than anticipated in CBO's March 2021 cost estimate.
(3) CBO reduced its projections of those costs for two major reasons. First, several States have announced that they are discontinuing one or more of the components of expanded unemployment compensation before the expansion’s authorization ends in September 2021. In its original estimate, CBO projected that all States would participate in the programs until September. Second, because of the improving economy, the agency has lowered its forecast of the unemployment rate, resulting in fewer projected beneficiaries for the programs, which also reduced projected costs.
Section 1847A of the Social Security Act (42 U.S.C. 1395w–3a) is amended—
(2) by inserting after subsection (g) the following new subsection:
“(h) Refund for certain discarded single-dose container or single-use package drugs.—
“(1) SECRETARIAL PROVISION OF INFORMATION.—
“(A) IN GENERAL.—For each calendar quarter beginning on or after January 1, 2023, the Secretary shall, with respect to a refundable single-dose container or single-use package drug (as defined in paragraph (8)), report to each manufacturer (as defined in subsection (c)(6)(A)) of such refundable single-dose container or single-use package drug the following for the calendar quarter:
“(i) Subject to subparagraph (C), information on the total number of units of the billing and payment code of such drug, if any, that were discarded during such quarter, as determined using a mechanism such as the JW modifier used as of the date of enactment of this subsection (or any such successor modifier that includes such data as determined appropriate by the Secretary).
“(B) DETERMINATION OF DISCARDED AMOUNTS.—For purposes of subparagraph (A)(i), with respect to a refundable single-dose container or single-use package drug furnished during a quarter, the amount of such drug that was discarded shall be determined based on the amount of such drug that was unused and discarded for each drug on the date of service.
“(C) EXCLUSION OF UNITS OF PACKAGED DRUGS.—The total number of units of the billing and payment code of a refundable single-dose container or single-use package drug of a manufacturer furnished during a calendar quarter for purposes of subparagraph (A)(i), and the determination of the estimated total allowed charges for the drug in the quarter for purposes of paragraph (3)(A)(ii), shall not include such units that are packaged into the payment amount for an item or service and are not separately payable.
“(2) MANUFACTURER REQUIREMENT.—For each calendar quarter beginning on or after January 1, 2023, the manufacturer of a refundable single-dose container or single-use package drug shall, for such drug, provide to the Secretary a refund that is equal to the amount specified in paragraph (3) for such drug for such quarter.
“(3) REFUND AMOUNT.—
“(A) IN GENERAL.—The amount of the refund specified in this paragraph is, with respect to a refundable single-dose container or single-use package drug of a manufacturer assigned to a billing and payment code for a calendar quarter beginning on or after January 1, 2023, an amount equal to the estimated amount (if any) by which—
“(i) the product of—
“(I) the total number of units of the billing and payment code for such drug that were discarded during such quarter (as determined under paragraph (1)); and
“(B) APPLICABLE PERCENTAGE DEFINED.—
“(ii) TREATMENT OF DRUGS THAT HAVE UNIQUE CIRCUMSTANCES.—In the case of a refundable single-dose container or single-use package drug that has unique circumstances involving similar loss of product as that described in paragraph (8)(B)(ii), the Secretary, through notice and comment rulemaking, may increase the applicable percentage otherwise applicable under clause (i)(I) as determined appropriate by the Secretary.
“(4) FREQUENCY.—Amounts required to be refunded pursuant to paragraph (2) shall be paid in regular intervals (as determined appropriate by the Secretary).
“(5) REFUND DEPOSITS.—Amounts paid as refunds pursuant to paragraph (2) shall be deposited into the Federal Supplementary Medical Insurance Trust Fund established under section 1841.
“(6) ENFORCEMENT.—
“(A) AUDITS.—
“(i) MANUFACTURER AUDITS.—Each manufacturer of a refundable single-dose container or single-use package drug that is required to provide a refund under this subsection shall be subject to periodic audit with respect to such drug and such refunds by the Secretary.
“(ii) PROVIDER AUDITS.—The Secretary shall conduct periodic audits of claims submitted under this part with respect to refundable single-dose container or single-use package drugs in accordance with the authority under section 1833(e) to ensure compliance with the requirements applicable under this subsection.
“(B) CIVIL MONEY PENALTY.—
“(i) IN GENERAL.—The Secretary shall impose a civil money penalty on a manufacturer of a refundable single-dose container or single-use package drug who has failed to comply with the requirement under paragraph (2) for such drug for a calendar quarter in an amount equal to the sum of—
“(7) IMPLEMENTATION.—The Secretary shall implement this subsection through notice and comment rulemaking.
“(8) DEFINITION OF REFUNDABLE SINGLE-DOSE CONTAINER OR SINGLE-USE PACKAGE DRUG.—
“(A) IN GENERAL.—Except as provided in subparagraph (B), in this subsection, the term ‘refundable single-dose container or single-use package drug’ means a single source drug or biological (as defined in section 1847A(c)(6)(D)) or a biosimilar biological product (as defined in section 1847A(c)(6)(H)) for which payment is made under this part and that is furnished from a single-dose container or single-use package.
“(B) EXCLUSIONS.—The term ‘refundable single-dose container or single-use package drug’ does not include—
“(ii) a drug or biological approved by the Food and Drug Administration for which dosage and administration instructions included in the labeling require filtration during the drug preparation process, prior to dilution and administration, and require that any unused portion of such drug after the filtration process be discarded after the completion of such filtration process; or
“(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.”.
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”.
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).
(a) Economic injury disaster loan subsidy.—
(1) RESCISSION.—Of the unobligated balances from amounts made available under the heading “Small Business Administration—Disaster Loans Program Account” in title II of division B of the Paycheck Protection Program and Health Care Enhancement Act (Public Law 116–139), $13,500,000,000 are permanently rescinded.
(2) DESIGNATION.—The amount rescinded pursuant to paragraph (1) that was previously designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985 is designated by the Congress as an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985.
(b) Targeted EIDL advance.—
(1) Of the unobligated balances from amounts made available under the heading “Small Business Administration—Targeted EIDL Advance” in section 323(d)(1)(D) of division N of the Consolidated Appropriations Act, 2021 (Public Law 116–260), $17,578,000,000 are permanently rescinded.
(2) Of the unobligated balances from amounts made available in section 5002(b) of the American Rescue Plan Act of 2021 (Public Law 117–2)—
(A) amounts may be transferred to and merged with “Small Business Administration—Disaster Loans Program Account” for the cost of direct loans authorized under section 7(b) of the Small Business Act (15 U.S.C. 636(b));
(B) not more than $500,000,000 may be transferred to “Small Business Administration—Salaries and Expenses” for necessary expenses, not otherwise provided for, of the Small Business Administration; and
(C) not more than $992,000,000 may be transferred to, and merged with, “Small Business Administration—Business Loans Program Account” for the cost of guaranteed loans as authorized by paragraphs (1) through (35) of section 7(a) of the Small Business Act (15 U.S.C. 636(a)), including the cost of carrying out sections 326, 327, and 328 of division N of the Consolidated Appropriations Act, 2021 (Public Law 116–260).
(c) Economic stabilization program.—Of the unobligated balances from amounts made available in section 4027(a) of the Coronavirus Aid, Relief, and Economic Security Act (15 U.S.C. 9601), $1,366,100,000 are permanently rescinded.
(d) Business loans program account.—
(1) Of the unobligated balances from amounts made available under the heading “Small Business Administration—Business Loans Program Account, CARES Act” in section 1107(a)(1) of the Coronavirus Aid, Relief, and Economic Security Act (Public Law 116–136), as amended by section 101(a)(2) of division A of the Paycheck Protection Program and Health Care Enhancement Act (Public Law 116–139), and in section 323(d)(1)(A) of division N of the Consolidated Appropriations Act, 2021 (Public Law 116–260) for carrying out paragraphs (36) and (37) of section 7(a) of the Small Business Act (15 U.S.C. 636(a)), $4,684,000,000 are permanently rescinded.
(2) Of the unobligated balances from amounts made available under the heading “Small Business Administration—Business Loans Program Account” in section 323(d)(1)(F) of division N of the Consolidated Appropriations Act, 2021 (Public Law 116–260), $992,000,000 are permanently rescinded.
(e) Pandemic relief for aviation workers, Coronavirus Aid, Relief, and Economic Security Act (CARES Act).—Of the unobligated balances from amounts made available in section 4120 of the Coronavirus Aid, Relief, and Economic Security Act (15 U.S.C. 9080), $3,000,000,000 are permanently rescinded.
(f) Education stabilization fund.—
(1) RESCISSION.—Of the unobligated balances from amounts made available under the heading “Education Stabilization Fund” in title VIII of division B of the Coronavirus Aid, Relief, and Economic Security Act (Public Law 116–136) and in title III of division M of the Consolidated Appropriations Act, 2021 (Public Law 116–260) that were reserved for the Higher Education Emergency Relief Fund by sections 18004(a)(1) and 18004(a)(2) of division B of the Coronavirus Aid, Relief, and Economic Security Act (Public Law 116–136) and sections 314(a)(1), 314(a)(2), and 314(a)(4) of division M of the Consolidated Appropriations Act, 2021 (Public Law 116–260), $353,400,000 are permanently rescinded.
(2) DESIGNATION.—The amount rescinded pursuant to paragraph (1) that was previously designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985 is designated by the Congress as an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985.
(g) Small business administration, salaries and expenses.—
(1) RESCISSION.—Of the unobligated balances from amounts made available under the heading “Small Business Administration—Salaries and Expenses” in section 1107(a)(2) of the Coronavirus Aid, Relief, and Economic Security Act (Public Law 116–136), in title II of division B of the Paycheck Protection Program and Health Care Enhancement Act (Public Law 116–139), and in section 323(d)(1)(C) of division N of the Consolidated Appropriations Act, 2021 (Public Law 116–260), $175,000,000 are permanently rescinded.
(2) DESIGNATION.—The amount rescinded pursuant to paragraph (1) that was previously designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985 is designated by the Congress as an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985.
(h) Pandemic relief for aviation workers.—Of the unobligated balances from amounts made available in section 411 of subtitle A of title IV of division N of the Consolidated Appropriations Act, 2021 (15 U.S.C. 9101), $200,000,000 are permanently rescinded.
(a) Definitions.—In this section:
(2) COVERED BAND.—The term “covered band” means the band of frequencies between 3100 and 3450 megahertz.
(b) 3.1–3.45 GHz band.—
(1) PRE-AUCTION FUNDING.—
(A) IN GENERAL.—On the date of enactment of this Act, the Director of the Office of Management and Budget shall transfer $50,000,000 from the Spectrum Relocation Fund established under section 118 of the National Telecommunications and Information Administration Act (47 U.S.C. 928) to the Department of Defense for the purpose of research and development, engineering studies, economic analyses, activities with respect to systems, or other planning activities to improve efficiency and effectiveness of the spectrum use of the Department of Defense in order to make available electromagnetic spectrum in the covered band—
(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).
(2) IDENTIFICATION.—
(A) IN GENERAL.—Not later than 21 months after the date of enactment of this Act, in accordance with the findings of the planning activities described in paragraph (1)(A) and subject to the determination of the Secretary of Defense under subparagraph (B) of this paragraph, the Secretary of Commerce, in coordination with the Secretary of Defense, the Director of the Office of Science and Technology Policy, and relevant congressional committees, shall—
(3) AUCTION.—Not earlier than November 30, 2024, the Commission, in consultation with the Assistant Secretary of Commerce for Communications and Information, shall begin a system of competitive bidding under section 309(j) of the Communications Act of 1934 (47 U.S.C. 309(j)) to grant new licenses for the spectrum identified under paragraph (2)(A)(ii) of this subsection.
(4) SHARING OF SPECTRUM.—Not earlier than May 31, 2025, the President shall modify any assignment to a Federal Government station of the frequencies identified under clause (ii) of paragraph (2)(A) in order to accommodate shared Federal and non-Federal commercial licensed use in accordance with that paragraph.
(5) AUCTION PROCEEDS TO COVER 110 PERCENT OF FEDERAL RELOCATION OR SHARING COSTS.—Nothing in this subsection shall be construed to relieve the Commission from the requirements under section 309(j)(16)(B) of the Communications Act of 1934 (47 U.S.C. 309(j)(16)(B)).
(c) FCC auction authority.—
(1) TERMINATION.—Section 309(j)(11) of the Communications Act of 1934 (47 U.S.C. 309(j)(11)) is amended by inserting after “2025” the following: “, and with respect to the electromagnetic spectrum identified under section 90008(b)(2)(A)(ii) of the Infrastructure Investment and Jobs Act, such authority shall expire on the date that is 7 years after the date of enactment of that Act”.
(2) SPECTRUM PIPELINE ACT OF 2015.—Section 1006(c)(1) of the Spectrum Pipeline Act of 2015 (Public Law 114–74; 129 Stat. 624) is amended by striking “2022” and inserting “2024”.
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:
DEPARTMENT OF AGRICULTURE
FARM PRODUCTION AND CONSERVATION PROGRAMS
Natural Resources Conservation Service
watershed and flood prevention operations
For an additional amount for “Watershed and Flood Prevention Operations”, $500,000,000, to remain available until expended: Provided, That not later than 90 days after the date of enactment of this Act, the Secretary of Agriculture shall submit to the House and Senate Committees on Appropriations a detailed spend plan, including a list of project locations and project cost: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985.
watershed rehabilitation program
For an additional amount for “Watershed Rehabilitation Program”, $118,000,000, to remain available until expended: Provided, That not later than 90 days after the date of enactment of this Act, the Secretary of Agriculture shall submit to the House and Senate Committees on Appropriations a detailed spend plan, including a list of project locations and project cost: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985.
emergency watershed protection program
For an additional amount for “Emergency Watershed Protection Program” to repair damages to the waterways and watersheds resulting from natural disasters, $300,000,000, to remain available until expended: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985.
RURAL DEVELOPMENT PROGRAMS
Rural Utilities Service
distance learning, telemedicine, and broadband program
For an additional amount for “Rural Utilities Service—Distance Learning, Telemedicine, and Broadband Program”, $2,000,000,000, to remain available until expended: Provided, That of the funds made available under this heading in this Act, $74,000,000 shall be for the cost of broadband loans, as authorized by section 601 of the Rural Electrification Act: Provided further, That, of the funds made available under this heading in this Act, $1,926,000,000 shall be for the broadband loan and grant pilot program established by section 779 of Public Law 115–141 under the Rural Electrification Act of 1936, as amended (7 U.S.C. 901 et seq.): Provided further, That at least 50 percent of the households to be served by a project receiving a loan or grant from funds provided under the preceding proviso shall be in a rural area, as defined in section 601(b)(3) of the Rural Electrification Act, without sufficient access to broadband defined for such funds as having speeds of not less than 25 megabits per second downloads and 3 megabits per second uploads: Provided further, That 10 percent of the amounts made available under this heading in this Act for the pilot program shall be set aside for service areas where at least 90 percent of households to be served by a project receiving a loan or grant are in a rural area without sufficient access to broadband, as defined in the preceding proviso: Provided further, That, to the extent possible, projects receiving funds provided under this heading in this Act for the pilot program must build out service to at least 100 megabits per second downloads and 20 megabits per second uploads: Provided further, That, in administering the pilot program under this heading in this Act, the Secretary of Agriculture may, for purposes of determining entities eligible to receive assistance, consider those communities which are “Areas Rural in Character”, as defined in section 343(a)(13)(D) of the Consolidated Farm and Rural Development Act: Provided further, That not more than $50,000,000 of the funds made available under this heading in this Act for the pilot program may be used for the purpose of the preceding proviso: Provided further, That pole attachment fees and replacements charged by electric cooperatives for the shared use of their utility poles shall be an eligible use of funds provided under this heading in this Act for the pilot program to enable the deployment of broadband in rural areas: Provided further, That the Secretary shall waive any matching funds required for pilot program projects funded from amounts provided under this heading in this Act for Alaska Native Corporations for federally-recognized Tribes, on substantially underserved Trust areas, as defined in 7 U.S.C. 936f(a)(2), and residents of a rural area that was recognized as a colonia as of October 1, 1989, and for projects in which 75 percent of the service area is a persistent poverty county or counties: Provided further, That for purposes of the preceding proviso, the term “persistent poverty counties” means any county that has had 20 percent or more of its population living in poverty over the past 30 years, as measured by the 1990 and 2000 decennial censuses, and 2007–2011 American Community Survey 5–6 year average, or any territory or possession of the United States: Provided further, That, in addition to other funds available for such purpose, not more than four percent of the amounts provided under this heading in this Act shall be for administrative costs to carry out the pilot program and broadband loans: Provided further, That up to three percent of the amounts provided under this heading in this Act shall be for technical assistance and predevelopment planning activities to support rural communities, of which $5,000,000 shall have a priority for the establishment and growth of cooperatives to offer broadband, which shall be transferred to and merged with the appropriation for “Rural Development, Salaries and Expenses”: Provided further, That the Secretary of Agriculture shall collaborate, to the extent practicable, with the Commissioner of the Federal Communications Commission and the Assistant Secretary for Communications and Information at the National Telecommunications and Information Administration to carry out the amounts provided under this heading in this Act for the pilot program: Provided further, That the Secretary may transfer funds provided under this heading in this Act between broadband loans, as authorized by section 601 of the Rural Electrification Act, and the pilot program to accommodate demand: Provided further, That no funds shall be transferred pursuant to the preceding proviso until the Secretary notifies in writing and receives approval from the Committees on Appropriations and Agriculture of both Houses of Congress at least 30 days in advance of the transfer of such funds or the use of such authority: Provided further, That for purposes of the amounts provided under this heading in this Act for the pilot program, the Secretary shall adhere to the notice, reporting, and service area assessment requirements set forth in section 701(a)–(d) of the Rural Electrification Act (7 U.S.C. 950cc(a)–(d)): Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985.
GENERAL PROVISION—THIS TITLE
Sec. 101. In addition to amounts otherwise made available for such purpose, there is hereby appropriated $10,000,000, to remain available until expended, to carry out section 70501 of division G of this Act: Provided, That $5,000,000, to remain available until expended, shall be made available for fiscal year 2022 and $5,000,000, to remain available until expended, shall be made available for fiscal year 2023: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985.
DEPARTMENT OF COMMERCE
National Telecommunications And Information Administration
broadband equity, access, and deployment program
(including transfer of funds)
For an additional amount for “Broadband Equity, Access, and Deployment Program”, $42,450,000,000, to remain available until expended, for grants as authorized under section 60102 of division F of this Act: Provided, That not later than 90 days after the date of enactment of this Act, the Secretary of Commerce shall submit to the House and Senate Committees on Appropriations a detailed spend plan for fiscal year 2022: Provided further, That up to 2 percent of the amounts made available under this heading in this Act in fiscal year 2022 shall be for salaries and expenses, administration, and oversight, of which $12,000,000 shall be transferred to the Office of Inspector General of the Department of Commerce for oversight of funding provided to the National Telecommunications and Information Administration in this title in this Act: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985.
broadband connectivity fund
For an additional amount for “Broadband Connectivity Fund”, $2,000,000,000, to remain available until expended, for grants for the Tribal Broadband Connectivity Program, as authorized under section 905(c) of division N of the Consolidated Appropriations Act, 2021 (Public Law 116–260), as amended by section 60201 of division F this Act: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985.
digital equity
(including transfer of funds)
For an additional amount for “Digital Equity”, $2,750,000,000, to remain available until expended, for competitive grants as authorized under sections 60304 and 60305 of division F of this Act: Provided, That of the amount provided under this heading in this Act—
(1) $550,000,000, to remain available until expended, shall be made available for fiscal year 2022, of which $60,000,000 is for the award of grants under section 60304 (c)(3) of division F of this Act, $240,000,000 is for the award of grants under section 60304(d) of division F of this Act, and $250,000,000 is for the award of grants under section 60305 of division F of this Act;
(2) $550,000,000, to remain available until expended, shall be made available for fiscal year 2023, of which $300,000,000 is for the award of grants under section 60304(d) of division F of this Act and $250,000,000 is for the award of grants under section 60305 of division F of this Act;
(3) $550,000,000, to remain available until expended, shall be made available for fiscal year 2024, of which $300,000,000 is for the award of grants under section 60304(d) of division F of this Act and $250,000,000 is for the award of grants under section 60305 of division F of this Act;
(4) $550,000,000, to remain available until expended, shall be made available for fiscal year 2025, of which $300,000,000 is for the award of grants under section 60304(d) of division F of this Act and $250,000,000 is for the award of grants under section 60305 of division F of this Act; and
(5) $550,000,000, to remain available until expended, shall be made available for fiscal year 2026, of which $300,000,000 is for the award of grants under section 60304(d) of division F of this Act and $250,000,000 is for the award of grants under section 60305 of division F of this Act:
Provided further, That the Secretary shall issue notices of funding opportunity not later than 180 days after each date upon which funds are made available under the preceding proviso: Provided further, That the Secretary shall make awards not later than 270 days after issuing the notices of funding opportunity required under the preceding proviso: Provided further, That up to 2 percent of the amounts made available in each fiscal year shall be for salaries and expenses, administration, and oversight, of which $1,000,000 in each of fiscal years 2022 through 2026 shall be transferred to the Office of Inspector General of the Department of Commerce for oversight of funding provided to the National Telecommunications and Information Administration in this title in this Act: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985.
middle mile deployment
(including transfer of funds)
For an additional amount for “Middle Mile Deployment”, $1,000,000,000, to remain available September 30, 2026, for competitive grants as authorized under section 60401 of division F of this Act: Provided, That the Secretary of Commerce shall issue notices of funding opportunity not later than 180 days after the date of enactment of this Act: Provided further, That the Secretary of Commerce shall make awards not later than 270 days after issuing the notices of funding opportunity required under the preceding proviso: Provided further, That up to 2 percent of the amounts made available under this heading in this Act shall be for salaries and expenses, administration, and oversight, during fiscal years 2022 through 2026 of which $1,000,000 shall be transferred to the Office of Inspector General of the Department of Commerce for oversight of funding provided to the National Telecommunications and Information Administration in this title in this Act: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985.
National Oceanic And Atmospheric Administration
operations, research, and facilities
For an additional amount for ‘‘Operations, Research, and Facilities’’, $2,611,000,000, to remain available until September 30, 2027: Provided, That $557,250,000, to remain available until September 30, 2023, shall be made available for fiscal year 2022, $515,584,000, to remain available until September 30, 2024, shall be made available for fiscal year 2023, $515,583,000, to remain available until September 30, 2025, shall be made available for fiscal year 2024, $515,583,000, to remain available until September 30, 2026, shall be made available for fiscal year 2025, and $507,000,000, to remain available until September 30, 2027, shall be made available for fiscal year 2026: Provided further, That of the funds made available under this heading in this Act, the following amounts shall be for the following purposes in equal amounts for each of fiscal years 2022 through 2026, including for administrative costs, technical support, and oversight, unless stated otherwise—
(1) $492,000,000 shall be for National Oceans and Coastal Security Fund grants, as authorized under section 906(c) of division O of Public Law 114–113;
(2) $491,000,000 shall be for contracts, grants, and cooperative agreements to provide funding and technical assistance for purposes of restoring marine, estuarine, coastal, or Great Lakes ecosystem habitat, or constructing or protecting ecological features that protect coastal communities from flooding or coastal storms;
(3) $492,000,000 shall be for coastal and inland flood and inundation mapping and forecasting, and next-generation water modeling activities, including modernized precipitation frequency and probable maximum studies;
(4) $25,000,000 shall be for data acquisition activities pursuant to section 511(b) of the Water Resources Development Act of 2020 (division AA of Public Law 116–260), of which $8,334,000 shall be available in fiscal year 2023 and $8,333,000 shall be available in each of fiscal years 2024 and 2025;
(5) $50,000,000 shall be for wildfire prediction, detection, observation, modeling, and forecasting, for fiscal year 2022;
(6) $1,000,000 shall be for the study of soil moisture and snowpack monitoring network in the Upper Missouri River Basin pursuant to section 511(b)(3) of the Water Resources Development Act of 2020 (division AA of Public Law 116–260), in equal amounts for each of fiscal years 2022 through 2025;
(8) $50,000,000 shall be for marine debris prevention and removal through the National Sea Grant College Program (33 U.S.C. 1121 et seq.);
(9) $207,000,000 shall be for habitat restoration projects pursuant to section 310 of the Coastal Zone Management Act (16 U.S.C. 1456c), including ecosystem conservation pursuant to section 12502 of the Omnibus Public Land Management Act of 2009 (16 U.S.C. 1456–1), notwithstanding subsection (g) of that section;
(10) $77,000,000 shall be for habitat restoration projects through the National Estuarine Research Reserve System (16 U.S.C. 1456c), including ecosystem conservation pursuant to section 12502 of the Omnibus Public Land Management Act of 2009 (16 U.S.C. 1456–1);
(11) $100,000,000 shall be for supporting improved and enhanced coastal, ocean, and Great Lakes observing systems;
(12) $56,000,000 shall be for established Regional Ocean Partnerships (ROPs) to coordinate the interstate and intertribal management of ocean and coastal resources and to implement their priority actions, including to enhance associated sharing and integration of Federal and non-Federal data by ROPs, or their equivalent;
(13) $20,000,000 shall be for consultations and permitting related to the Endangered Species Act, the Marine Mammal Protection Act, and Essential Fish Habitat; and
(14) $400,000,000 shall be for restoring fish passage by removing in-stream barriers and providing technical assistance pursuant to section 117 of the Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006 (16 U.S.C. 1891a), of which up to 15 percent shall be reserved for Indian Tribes or partnerships of Indian Tribes in conjunction with an institution of higher education, non-profit, commercial (for profit) organizations, U.S. territories, and state or local governments, and of which the remaining amount shall be for all eligible entities, including Indian Tribes and such partnerships of Indian Tribes:
Provided further, That under this heading the term Indian Tribe shall have the meaning given to the term in section 4 of the Indian Self-Determination and Education Act (25 U.S.C. 5304): Provided further, That nothing under this heading in this Act shall be construed as providing any new authority to remove, breach, or otherwise alter the operations of a Federal hydropower dam and dam removal projects shall include written consent of the dam owner, if ownership is established: Provided further, That amounts made available under this heading in this Act may be used for consultations and permitting related to the Endangered Species Act and the Marine Mammal Protection Act for projects funded under this heading in this Act: Provided further, That not later than 90 days after the date of enactment of this Act, the National Oceanic and Atmospheric Administration shall submit to the Committees on Appropriations of the House of Representatives and the Senate a detailed spend plan for fiscal year 2022: Provided further, That for each of fiscal years 2023 through 2026, as part of the annual budget submission of the President under section 1105(a) of title 31, United States Code, the Secretary of Commerce shall submit a detailed spend plan for that fiscal year: Provided further, That the Secretary may waive or reduce the required non-Federal share for amounts made available under this heading in this Act: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985.
procurement, acquisition and construction
For an additional amount for ‘‘Procurement, Acquisition and Construction’’, $180,000,000, to remain available until September 30, 2024, as follows:
(1) $50,000,000 shall be for observation and dissemination infrastructure used for wildfire prediction, detection, and forecasting;
(2) $80,000,000 shall be for research supercomputing infrastructure used for weather and climate model development to improve drought, flood, and wildfire prediction, detection, and forecasting; and
Provided, That not later than 90 days after the date of enactment of this Act, the National Oceanic and Atmospheric Administration shall submit to the Committees on Appropriations of the House of Representatives and the Senate a detailed spend plan: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985.
pacific coastal salmon recovery
For an additional amount for ‘‘Pacific Coastal Salmon Recovery’’, $172,000,000, to remain available until September 30, 2027: Provided, That $34,400,000, to remain available until September 30, 2023, shall be made available for fiscal year 2022, $34,400,000, to remain available until September 30, 2024, shall be made available for fiscal year 2023, $34,400,000, to remain available until September 30, 2025, shall be made available for fiscal year 2024, $34,400,000, to remain available until September 30, 2026, shall be made available for fiscal year 2025, and $34,400,000, to remain available until September 30, 2027, shall be made available for fiscal year 2026: Provided, That not later than 90 days after the date of enactment of this Act, the National Oceanic and Atmospheric Administration shall submit to the Committees on Appropriations of the House of Representatives and the Senate a spend plan for fiscal year 2022: Provided further, That for each of fiscal years 2023 through 2026, as part of the annual budget submission of the President under section 1105(a) of title 31, United States Code, the Secretary of Commerce shall submit a detailed spend plan for that fiscal year: Provided further, That the Secretary may waive or reduce the required non-Federal share for amounts made available under this heading in this Act: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985.
DEPARTMENT OF THE ARMY
Corps Of Engineers—civil
investigations
For an additional amount for “Investigations”, $150,000,000, to remain available until expended: Provided, That of the amount provided under this heading in this Act, $30,000,000 shall be used by the Secretary of the Army, acting through the Chief of Engineers, to undertake work authorized to be carried out in accordance with section 22 of the Water Resources Development Act of 1974 (Public Law 93–251; 42 U.S.C. 1962d–16), as amended: Provided further, That of the amount provided under this heading in this Act, $45,000,000 shall be used by the Secretary of the Army, acting through the Chief of Engineers, to undertake work authorized to be carried out in accordance with section 206 of the 1960 Flood Control Act (Public Law 86–645), as amended: Provided further, That of the amount provided under this heading in this Act, $75,000,000 shall be used for necessary expenses related to the completion, or initiation and completion, of studies which are authorized prior to the date of enactment of this Act, of which $30,000,000, to become available on October 1, 2022, shall be used by the Secretary of the Army, acting through the Chief of Engineers, to complete, or to initiate and complete, studies carried out in accordance with section 118 of division AA of the Consolidated Appropriations Act, 2021 (Public Law 116–260), except that the limitation on the number of studies authorized to be carried out under section 118(b) and section 118(c) shall not apply: Provided further, That not later than 60 days after the date of enactment of this Act, the Chief of Engineers shall submit to the House and Senate Committees on Appropriations a detailed spend plan for the funds identified for fiscal year 2022 in the preceding proviso, including a list of project locations and new studies selected to be initiated: Provided further, That not later than 60 days after the date of enactment of this Act, the Chief of Engineers shall provide a briefing to the House and Senate Committees on Appropriations on an implementation plan, including a schedule for solicitation of projects and expenditure of funds, for the funding provided for fiscal year 2023 to undertake work authorized to be carried out in accordance with section 118 of division AA of the Consolidated Appropriations Act, 2021 (Public Law 116–260): Provided further, That for fiscal year 2023, as part of the annual budget submission of the President under section 1105(a) of title 31, United States Code, the Chief of Engineers shall submit a detailed spend plan for that fiscal year, including a list of project locations for the funding provided to undertake work authorized to be carried out in accordance with section 118 of division AA of the Consolidated Appropriations Act, 2021 (Public Law 116–260): Provided further, That beginning not later than 120 days after the enactment of this Act, the Chief of Engineers shall provide a monthly report to the Committees on Appropriations of the House of Representatives and the Senate detailing the allocation and obligation of the funds provided under this heading in this Act, including new studies selected to be initiated using funds provided under this heading: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985.
construction
For an additional amount for “Construction”, $11,615,000,000, to remain available until expended: Provided, That the Secretary may initiate additional new construction starts with funds provided under this heading in this Act: Provided further, That the limitation concerning total project costs in section 902 of the Water Resources Development Act of 1986 (Public Law 99–662; 33 U.S.C. 2280), as amended, shall not apply to any project completed using funds provided under this heading in this Act: Provided further, That of the amount provided under this heading in this Act, such sums as are necessary to cover the Federal share of construction costs for facilities under the Dredged Material Disposal Facilities program shall be derived from the general fund of the Treasury: Provided further, That of the amount provided under this heading in this Act, $1,500,000,000 shall be for major rehabilitation, construction, and related activities for rivers and harbors, of which not more than $250,000,000 shall be to undertake work at harbors defined by section 2006 of the Water Resources Development Act of 2007 (Public Law 110–114, 33 U.S.C. 2242), as amended, and not more than $250,000,000 may be for projects determined to require repair in the report prepared pursuant to section 1104 of the Water Infrastructure Improvements for the Nation Act (Public Law 114–322): Provided further, That of the amount provided under this heading in this Act, $200,000,000 shall be for water-related environmental infrastructure assistance: Provided further, That of the amount provided under this heading in this Act, $2,500,000,000 shall be for construction, replacement, rehabilitation, and expansion of inland waterways projects: Provided further, That section 102(a) of the Water Resources Development Act of 1986 (Public Law 99–662; 33 U.S.C. 2212(a)) and section 109 of the Water Resources Development Act of 2020 (Public Law 116–260; 134 Stat. 2624) shall not apply to the extent that such projects are carried out using funds provided in the preceding proviso: Provided further, That in using such funds referred to in the preceding proviso, the Secretary shall give priority to projects included in the Capital Investment Strategy of the Corps of Engineers: Provided further, That of the amount provided under this heading in this Act, $465,000,000 shall be used by the Secretary of the Army, acting through the Chief of Engineers, to undertake work authorized to be carried out in accordance with section 14, as amended, of the Flood Control Act of 1946 (33 U.S.C. 701r), section 103, as amended, of the River and Harbor Act of 1962 (Public Law 87–874), section 107, as amended, of the River and Harbor Act 1960 (Public Law 86–645), section 204 of the Water Resources Development Act of 1992 (33 U.S.C. 2326), section 205 of the Flood Control Act of 1948 (33 U.S.C. 701s), section 206 of the Water Resources Development Act of 1996 (Public Law 104–303; 33 U.S.C. 2330), section 1135 of the Water Resources Development Act of 1986 (Public Law 99–662; 33 U.S.C. 2309a), or section 165(a) of division AA of the Consolidated Appropriations Act, 2021 (Public Law 116–260), notwithstanding the project number or program cost limitations set forth in those sections: Provided further, That of the amounts in the preceding proviso, $115,000,000, shall be used under the aquatic ecosystem restoration program under section 206 of the Water Resources Development Act of 1996 (33 U.S.C. 2330) to restore fish and wildlife passage by removing in-stream barriers and provide technical assistance to non-Federal interests carrying out such activities, at full Federal expense and notwithstanding the individual project cost limitation set forth in that section: Provided further, That the amounts provided in the preceding proviso shall not be construed to provide any new authority to remove, breach, or otherwise alter the operations of a Federal hydropower dam, and do not limit the Secretary of the Army, acting through the Chief of Engineers, from allotting additional funds from amounts provided under this heading in this Act for other purposes allowed under section 206 of the Water Resources Development Act of 1996 (33 U.S.C. 2330): Provided further, That of the amount provided under this heading in this Act, $1,900,000,000 shall be for aquatic ecosystem restoration projects, of which not less than $1,000,000,000 shall be for multi-purpose projects or multi-purpose programs that include aquatic ecosystem restoration as a purpose: Provided further, That of the amount provided under this heading in this Act, $2,550,000,000 shall be for coastal storm risk management, hurricane and storm damage reduction projects, and related activities targeting States that have been impacted by federally declared disasters over the last six years, which may include projects authorized by section 116 of Public Law 111–85, of which not less than $1,000,000,000 shall be for multi-purpose projects or multi-purpose programs that include flood risk management benefits as a purpose: Provided further, That of the amount provided in the preceding proviso, $200,000,000 shall be for shore protection projects: Provided further, That of the funds in the preceding proviso, $100,000,000, to remain available until expended, shall be made available for fiscal year 2022, $50,000,000, to remain available until expended, shall be made available for fiscal year 2023, and $50,000,000, to remain available until expended, shall be made available for fiscal year 2024: Provided further, That of the amount provided under this heading in this Act, $2,500,000,000 shall be for inland flood risk management projects, of which not less than $750,000,000 shall be for multi-purpose projects or multi-purpose programs that include flood risk management as a purpose: Provided further, That in selecting projects under the previous proviso, the Secretary of the Army shall prioritize projects with overriding life-safety benefits: Provided further, That of the funds in the proviso preceding the preceding proviso, the Secretary of the Army shall, to the maximum extent practicable, prioritize projects in the work plan that directly benefit economically disadvantaged communities, and may take into consideration prioritizing projects that benefit areas in which the percentage of people that live in poverty or identify as belonging to a minority group is greater than the average such percentage in the United States, based on data from the Bureau of the Census: Provided further, That not later than 60 days after the date of enactment of this Act, the Chief of Engineers shall submit to the House and Senate Committees on Appropriations a detailed spend plan for the funds provided under this heading in this Act for each fiscal year, including a list of project locations and new construction projects selected to be initiated: Provided further, That beginning not later than 120 days after the enactment of this Act, the Chief of Engineers shall provide a monthly report to the Committees on Appropriations of the House of Representatives and the Senate detailing the allocation and obligation of these funds, including new construction projects selected to be initiated using funds provided under this heading in this Act: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985.
mississippi river and tributaries
For an additional amount for “Mississippi River and Tributaries”, $808,000,000, to remain available until expended: Provided, That of the amount provided under this heading in this Act, $258,000,000, which shall be obligated within 90 days of enactment of this Act, shall be used for necessary expenses to address emergency situations at Corps of Engineers Federal projects caused by natural disasters: Provided further, That the Secretary may initiate additional new construction starts with funds provided under this heading in this Act: Provided further, That the limitation concerning total project costs in section 902 of the Water Resources Development Act of 1986 (Public Law 99–662; 33 U.S.C. 2280), as amended, shall not apply to any project receiving funds provided under this heading in this Act: Provided further, That not later than 60 days after the date of enactment of this Act, the Chief of Engineers shall submit to the House and Senate Committees on Appropriations a detailed spend plan for fiscal year 2022, including a list of project locations and construction projects selected to be initiated: Provided further, That of the amount provided under this heading in this Act, such sums as are necessary to cover the Federal share of eligible operation and maintenance costs for inland harbors shall be derived from the general fund of the Treasury: Provided further, That beginning not later than 120 days after the enactment of this Act, the Chief of Engineers shall provide a monthly report to the Committees on Appropriations of the House of Representatives and the Senate detailing the allocation and obligation of these funds, including construction projects selected to be initiated using funds provided under this heading in this Act: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985.
operation and maintenance
(including transfer of funds)
For an additional amount for “Operations and Maintenance”, $4,000,000,000, to remain available until expended: Provided, That $2,000,000,000, to remain available until expended, shall be made available for fiscal year 2022, $1,000,000,000, to remain available until expended, shall be made available for fiscal year 2023, $1,000,000,000, to remain available until expended, shall be made available for fiscal year 2024: Provided further, That of the amount provided under this heading in this Act for fiscal year 2022, $626,000,000, which shall be obligated within 90 days of enactment of this Act, shall be used for necessary expenses to dredge Federal navigation projects in response to, and repair damages to Corps of Engineers Federal projects caused by, natural disasters: Provided further, That of the amount provided under this heading in this Act, $40,000,000 shall be to carry out Soil Moisture and Snowpack Monitoring activities, as authorized in section 4003(a) of the Water Resources Reform and Development Act of 2014, as amended: Provided further, That not later than 60 days after the date of enactment of this Act, the Chief of Engineers shall submit to the House and Senate Committees on Appropriations a detailed spend plan for fiscal year 2022, including a list of project locations, other than for the amount for natural disasters identified in the second proviso: Provided further, That for fiscal years 2023 and 2024, as part of the annual budget submission of the President under section 1105(a) of title 31, United States Code, the Chief of Engineers shall submit a detailed spend plan for that fiscal year, including a list of project locations: Provided further, That of the amount provided under this heading in this Act, such sums as are necessary to cover the Federal share of eligible operation and maintenance costs for coastal harbors and channels, and for inland harbors shall be derived from the general fund of the Treasury: Provided further, That up to three percent of the amounts made available under this heading in this Act for any fiscal year may be transferred to “Regulatory Program” or “Expenses” to carry out activities funded by those accounts: Provided further, That the Committees on Appropriations of the Senate and the House of Representatives shall be notified at least 30 days in advance of any transfer made pursuant to the preceding proviso: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985.
regulatory program
For an additional amount for “Regulatory Program”, $160,000,000, to remain available until September 30, 2026: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985.
flood control and coastal emergencies
For an additional amount for “Flood Control and Coastal Emergencies”, $251,000,000, to remain available until expended: Provided, That funding provided under this heading in this Act and utilized for authorized shore protection projects shall restore such projects to the full project profile at full Federal expense: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985.
expenses
For an additional amount for “Expenses”, $40,000,000, to remain available until expended: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985.
water infrastructure finance and innovation program account
For an additional amount for “Water Infrastructure Finance and Innovation Program Account”, $75,000,000, to remain available until expended: Provided, That of the amounts provided under this heading in this Act, $64,000,000 shall be for the cost of direct loans and for the cost of guaranteed loans, for safety projects to maintain, upgrade, and repair dams identified in the National Inventory of Dams with a primary owner type of state, local government, public utility, or private: Provided further, That no project may be funded with amounts provided under this heading for a dam that is identified as jointly owned in the National Inventory of Dams and where one of those joint owners is the Federal Government: Provided further, That of the amounts provided under this heading in this Act $11,000,000 shall be for administrative expenses to carry out the direct and guaranteed loan programs, notwithstanding section 5033 of the Water Infrastructure Finance and Innovation Act of 2014: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985.
general provisions—corps of engineers
Sec. 300. For projects that are carried out with funds under this heading, the Secretary of the Army and the Director of the Office of Management and Budget shall consider other factors in addition to the benefit-cost ratio when determining the economic benefits of projects that benefit disadvantaged communities.
DEPARTMENT OF THE INTERIOR
Central Utah Project
central utah project completion account
For an additional amount for “Central Utah Project Completion Account”, $50,000,000, to remain available until expended, of which $10,000,000 shall be deposited into the Utah Reclamation Mitigation and Conservation Account for use by the Utah Reclamation Mitigation and Conservation Commission: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985.
Bureau Of Reclamation
water and related resources
(including transfer of funds)
For an additional amount for “Water and Related Resources”, $8,300,000,000, to remain available until expended: Provided, That $1,660,000,000, to remain available until expended, shall be made available for fiscal year 2022, $1,660,000,000, to remain available until expended, shall be made available for fiscal year 2023, $1,660,000,000, to remain available until expended, shall be made available for fiscal year 2024, $1,660,000,000, to remain available until expended, shall be made available for fiscal year 2025, $1,660,000,000, to remain available until expended, shall be made available for fiscal year 2026: Provided further, That of the amount provided under this heading in this Act for fiscal years 2022 through 2026, $1,150,000,000 shall be for water storage, groundwater storage, and conveyance projects in accordance with section 40902 of division D of this Act: Provided further, That of the funds identified in the preceding proviso, $100,000,000 shall be available for small surface water and ground water storage projects authorized in section 40903 of division D of this Act: Provided further, That of the amount provided under this heading in this Act, $3,200,000,000 shall be available for transfer into the Aging Infrastructure Account established by section 9603(d)(1) of the Omnibus Public Land Management Act of 2009, as amended (43 U.S.C. 510b(d)(1)): Provided further, That of the funds identified in the preceding proviso, $100,000,000 shall be made available for reserved or transferred works that have suffered a critical failure, in accordance with section 40904(a) of division D of this Act, and $100,000,000 shall be made available for dam rehabilitation, reconstruction, or replacement in accordance with section 40904(b) of division D of this Act: Provided further, That of the amount provided under this heading in this Act for fiscal years 2022 through 2026, $1,000,000,000 shall be for rural water projects that have been authorized by an Act of Congress before July 1, 2021, in accordance with the Reclamation Rural Water Supply Act of 2006 (43 U.S.C. 2401 et seq.): Provided further, That of the amount provided under this heading in this Act for fiscal years 2022 through 2026, $1,000,000,000 shall be for water recycling and reuse projects: Provided further, That of the funds identified in the preceding proviso, $550,000,000 shall be for water recycling and reuse projects authorized in accordance with the Reclamation Wastewater and Groundwater Study and Facilities Act (42 U.S.C. 390h et seq.), as described in section 40901(4)(A) of division D of this Act, and $450,000,000 shall be for large-scale water recycling and reuse projects in accordance with section 40905 of division D of this Act: Provided further, That of the amount provided under this heading in this Act for fiscal years 2022 through 2026, $250,000,000 shall be for water desalination projects in accordance with the Water Desalinization Act of 1996 (42 U.S.C. 10301 note; Public Law 104–298), as described in section 40901(5) of division D of this Act: Provided further, That of the amount provided under this heading in this Act for fiscal years 2022 through 2026, $500,000,000 shall be for the safety of dams program, in accordance with the Reclamation Safety of Dams Act of 1978 (43 U.S.C. 506 et seq.): Provided further, That of the amount provided under this heading in this Act for fiscal years 2022 through 2026, $400,000,000 shall be for WaterSMART Grants in accordance with section 9504 of the Omnibus Public Land Management Act of 2009 (42 U.S.C. 10364): Provided further, That of the funds identified in the preceding proviso, $100,000,000 shall be for projects that would improve the condition of a natural feature or nature-based feature, as described in section 40901(7) of division D of this Act: Provided further, That of the amount provided under this heading in this Act for fiscal years 2022 through 2026, $300,000,000 shall be for implementing the drought contingency plan consistent with the obligations of the Secretary under the Colorado River Drought Contingency Plan Authorization Act (Public Law 116–14; 133 Stat. 850), as described in section 40901(8) of division D of this Act: Provided further, That of the funds identified in the preceding proviso, $50,000,000 shall be for use in accordance with the Drought Contingency Plan for the Upper Colorado River Basin: Provided further, That of the amount provided under this heading in this Act for fiscal years 2022 through 2026, $100,000,000 shall be to provide financial assistance for watershed management projects in accordance with subtitle A of title VI of the Omnibus Public Land Management Act of 2009 (16 U.S.C. 1015 et seq.): Provided further, That of the amount provided under this heading in this Act for fiscal years 2022 through 2026, $250,000,000 shall be for design, study and construction of aquatic ecosystem restoration and protection projects in accordance with section 1109 of the Consolidated Appropriations Act, 2021: Provided further, That of the amount provided under this heading in this Act for fiscal years 2022 through 2026, $100,000,000 shall be for multi-benefit projects to improve watershed health in accordance with section 40907 of division D of this Act: Provided further, That of the amounts provided under this heading in this Act for fiscal years 2022 through 2026, $50,000,000 shall be for endangered species recovery and conservation programs in the Colorado River Basin in accordance with Public Law 106–392, title XVIII of Public Law 102–575, and subtitle E of title IX of Public Law 111–11: Provided further, That up to three percent of the amounts made available under this heading in this Act in each of fiscal years 2022 through 2026 shall be for program administration and policy expenses: Provided further, That not later than 60 days after the date of enactment of this Act, the Secretary of the Interior shall submit to the House and Senate Committees on Appropriations a detailed spend plan, including a list of project locations of the preceding proviso, to be funded for fiscal year 2022: Provided further, That beginning not later than 120 days after the enactment of this Act, the Secretary of the Interior shall provide a monthly report to the Committees on Appropriations of the House of Representatives and the Senate detailing the allocation and obligation of the funds provided under this heading in this Act: Provided further, That for fiscal years 2023 through 2026, as part of the annual budget submission of the President under section 1105(a) of title 31, United States Code, the Secretary of the Interior shall submit a detailed spend plan for those fiscal years, including a list of project locations: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985.
DEPARTMENT OF ENERGY
ENERGY PROGRAMS
Energy Efficiency And Renewable Energy
For an additional amount for “Energy Efficiency and Renewable Energy”, $16,264,000,000 to remain available until expended: Provided, That of the amount provided under this heading in this Act, $250,000,000 shall be for activities for the Energy Efficiency Revolving Loan Fund Capitalization Grant Program, as authorized under section 40502 of division D of this Act: Provided further, That of the amount provided under this heading in this Act, $40,000,000 shall be for grants for the Energy Auditor Training Grant Program, as authorized under section 40503 of division D of this Act: Provided further, That of the amount provided under the heading in this Act, $225,000,000 shall be for grants for implementing of updated building energy codes, as authorized under section 309 of the Energy Conservation and Production Act (42 U.S.C. 6831 et seq.), as amended by section 40511(a) of division D of this Act: Provided further, That of the funds in the preceding proviso, $45,000,000, to remain available until expended, shall be made available for fiscal year 2022, $45,000,000, to remain available until expended, shall be made available for fiscal year 2023, $45,000,000, to remain available until expended, shall be made available for fiscal year 2024, $45,000,000, to remain available until expended, shall be made available for fiscal year 2025, and $45,000,000, to remain available until expended, shall be made available for fiscal year 2026: Provided further, That of the amount provided under this heading in this Act, $10,000,000 shall be for Building, Training, and Assessment Centers, as authorized under section 40512 of division D of this Act: Provided further, That of the amount provided under this heading in this Act, $10,000,000 shall be for grants for Career Skills Training, as authorized under section 40513 of division D of this Act: Provided further, That of the amount provided under this heading in this Act, $150,000,000 shall be for activities for Industrial Research and Assessment Centers, as authorized under subsections (a) through (h) of section 457 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17111 et seq.), as amended by section 40521(b) of division D of this Act: Provided further, That of the funds in the preceding proviso, $30,000,000, to remain available until expended, shall be made available for fiscal year 2022, $30,000,000, to remain available until expended, shall be made available for fiscal year 2023, $30,000,000, to remain available until expended, shall be made available for fiscal year 2024, $30,000,000, to remain available until expended, shall be made available for fiscal year 2025, and $30,000,000, to remain available until expended, shall be made available for fiscal year 2026: Provided further, That of the amount provided under this heading in this Act, $400,000,000 shall be for activities for Implementation Grants for Industrial Research and Assessment Centers, as authorized under section 457(i) of the Energy Independence and Security Act of 2007 (42 U.S.C. 17111 et seq.), as amended by section 40521(b) of division D of this Act: Provided further, That of the funds in the preceding two provisos, $80,000,000, to remain available until expended, shall be made available for fiscal year 2022, $80,000,000, to remain available until expended, shall be made available for fiscal year 2023, $80,000,000, to remain available until expended, shall be made available for fiscal year 2024, $80,000,000, to remain available until expended, shall be made available for fiscal year 2025, and $80,000,000, to remain available until expended, shall be made available for fiscal year 2026: Provided further, That of the amount provided under this heading in this Act, $50,000,000 shall be for carrying out activities for Manufacturing Leadership, as authorized under section 40534 of division D of this Act: Provided further, That of the amount provided under this heading in this Act, $500,000,000 shall be for grants for Energy Efficiency Improvements and Renewable Energy Improvements at Public School Facilities, as authorized under section 40541 of division D of this Act: Provided further, That of the funds in the preceding proviso, $100,000,000, to remain available until expended, shall be made available for fiscal year 2022, $100,000,000, to remain available until expended, shall be made available for fiscal year 2023, $100,000,000, to remain available until expended, shall be made available for fiscal year 2024, $100,000,000, to remain available until expended, shall be made available for fiscal year 2025, and $100,000,000, to remain available until expended, shall be made available for fiscal year 2026: Provided further, That of the amount provided under this heading in this Act, $50,000,000 shall be for grants for the Energy Efficiency Materials Pilot Program, as authorized under section 40542 of division D of this Act: Provided further, That of the amount provided under this heading in this Act and in addition to amounts otherwise made available for this purpose, $3,500,000,000 shall be for carrying out activities for the Weatherization Assistance Program, as authorized under part A of title IV of the Energy Conservation and Production Act (42 U.S.C. 6861 et seq.): Provided further, That of the amount provided under this heading in this Act and in addition to amounts otherwise made available for this purpose, $550,000,000 shall be for carrying out activities for the Energy Efficiency and Conservation Block Grant Program, as authorized under section 542(a) of the Energy Independence and Security Act of 2007 (42 U.S.C. 17152(a)): Provided further, That of the amount provided under this heading in this Act, $250,000,000 shall be for grants for the Assisting Federal Facilities with Energy Conservation Technologies Grant Program, as authorized under section 546(b) of the National Energy Conservation Policy Act (42 U.S.C. 8256(b)): Provided further, That of the amount provided under this heading in this Act, $10,000,000 shall be for extended product system rebates, as authorized under section 1005 of the Energy Act of 2020 (42 U.S.C. 6311 note; Public Law 116–260): Provided further, That of the amount provided under this heading in this Act, $10,000,000 shall be for energy efficient transformer rebates, as authorized under section 1006 of the Energy Act of 2020 (42 U.S.C. 6317 note; Public Law 116–260): Provided further, That of the amount provided under this heading in this Act, $3,000,000,000, to remain available until expended, shall be for Battery Material Processing Grants, as authorized under section 40207(b) of division D of this Act: Provided further, That of the funds in the preceding proviso, $600,000,000, to remain available until expended, shall be made available for fiscal year 2022, $600,000,000, to remain available until expended, shall be made available for fiscal year 2023, $600,000,000, to remain available until expended, shall be made available for fiscal year 2024, $600,000,000, to remain available until expended, shall be made available for fiscal year 2025, and $600,000,000, to remain available until expended, shall be made available for fiscal year 2026: Provided further, That of the amount provided under this heading in this Act, $3,000,000,000 shall be for Battery Manufacturing and Recycling Grants, as authorized under section 40207(c) of division D of this Act: Provided further, That of the funds in the preceding proviso, $600,000,000, to remain available until expended, shall be made available for fiscal year 2022, $600,000,000, to remain available until expended, shall be made available for fiscal year 2023, $600,000,000, to remain available until expended, shall be made available for fiscal year 2024, $600,000,000, to remain available until expended, shall be made available for fiscal year 2025, and $600,000,000, to remain available until expended, shall be made available for fiscal year 2026: Provided further, That of the amount provided under this heading in this Act, $125,000,000 shall be to carry out activities, as authorized under section 40207(f) of division D of this Act: Provided further, That of the amount provided under this heading in this Act, $10,000,000 shall be for a Lithium-Ion Battery Recycling Prize Competition, as authorized under section 40207(e) of division D of this Act: Provided further, That of the amount provided under this heading in this Act, $200,000,000 shall be for grants for the Electric Drive Vehicle Battery Recycling and Second-Life Applications Program, as authorized under subsection (k) of section 641 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17231), as amended by section 40208(1) of division D of this Act: Provided further, That of the funds in the preceding proviso, $40,000,000, to remain available until expended, shall be made available for fiscal year 2022, $40,000,000, to remain available until expended, shall be made available for fiscal year 2023, $40,000,000, to remain available until expended, shall be made available for fiscal year 2024, $40,000,000, to remain available until expended, shall be made available for fiscal year 2025, and $40,000,000, to remain available until expended, shall be made available for fiscal year 2026: Provided further, That of the amount provided under this heading in this Act, $750,000,000 shall be for grants for the Advanced Energy Manufacturing and Recycling Grant Program, as authorized under section 40209 of division D of this Act: Provided further, That of the funds in the preceding proviso, $150,000,000, to remain available until expended, shall be made available for fiscal year 2022, $150,000,000, to remain available until expended, shall be made available for fiscal year 2023, $150,000,000, to remain available until expended, shall be made available for fiscal year 2024, $150,000,000, to remain available until expended, shall be made available for fiscal year 2025, and $150,000,000, to remain available until expended, shall be made available for fiscal year 2026: Provided further, That of the amount provided under this heading in this Act, $500,000,000 shall be for activities for the Clean Hydrogen Manufacturing Recycling Research, Development, and Demonstration Program, as authorized under section 815 of the Energy Policy Act of 2005 (42 U.S.C. 16151 et seq.), as amended by section 40314 of division D of this Act: Provided further, That of the funds in the preceding proviso, $100,000,000, to remain available until expended, shall be made available for fiscal year 2022, $100,000,000, to remain available until expended, shall be made available for fiscal year 2023, $100,000,000, to remain available until expended, shall be made available for fiscal year 2024, $100,000,000, to remain available until expended, shall be made available for fiscal year 2025, and $100,000,000, to remain available until expended, shall be made available for fiscal year 2026: Provided further, That of the amount provided under the heading in this Act, $1,000,000,000 shall be for activities for the Clean Hydrogen Electrolysis Program, as authorized under section 816 of the Energy Policy Act of 2005 (42 U.S.C. 16151 et seq.), as amended by section 40314 of division D of this Act: Provided further, That of the funds in the preceding proviso, $200,000,000, to remain available until expended, shall be made available for fiscal year 2022, $200,000,000, to remain available until expended, shall be made available for fiscal year 2023, $200,000,000, to remain available until expended, shall be made available for fiscal year 2024, $200,000,000, to remain available until expended, shall be made available for fiscal year 2025, and $200,000,000, to remain available until expended, shall be made available for fiscal year 2026: Provided further, That of the amount provided under this heading in this Act, $500,000,000 shall be for carrying out activities for the State Energy Program, as authorized under part D of title III of the Energy Policy and Conservation Act (42 U.S.C. 6321 et seq.), as amended by section 40109 of division D of this Act: Provided further, That of the amount provided under this heading in this Act, $125,000,000 shall be for carrying out activities under section 242 of the Energy Policy Act of 2005 (42 U.S.C. 15881), as amended by section 40331 of division D of this Act: Provided further, That of the amount provided under this heading in this Act, $75,000,000 shall be for carrying out activities under section 243 of the Energy Policy Act of 2005 (42 U.S.C. 15882), as amended by section 40332 of division D of this Act: Provided further, That of the amount provided under this heading in this Act, $553,600,000 shall be for activities for Hydroelectric Incentives, as authorized under section 247 of the Energy Policy Act of 2005 (Public Law 109–58; 119 Stat. 674), as amended by section 40333(a) of division D of this Act: Provided further, That of the funds in the preceding proviso, $276,800,000, to remain available until expended, shall be made available for fiscal year 2022, $276,800,000, to remain available until expended, shall be made available for fiscal year 2023: Provided further, That of the amount provided under the heading in this Act, $10,000,000 shall be for activities for the Pumped Storage Hydropower Wind and Solar Integration and System Reliability Initiative, as authorized under section 3201 of the Energy Policy Act of 2020 (42 U.S.C. 17232), as amended by section 40334 of division D of this Act: Provided further, That of the amount provided under this heading in this Act, $36,000,000 shall be for carrying out activities, as authorized under section 634 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17213): Provided further, That of the amount provided under this heading in this Act, $70,400,000 shall be for carrying out activities, as authorized under section 635 of the Energy Independence and Security Act of 2007 (42 U.S.C.17214): Provided further, That of the amount provided under this heading in this Act, $40,000,000 shall be for carrying out activities for the National Marine Energy Centers, as authorized under section 636 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17215): Provided further, That of the amount provided under this heading in this Act, $84,000,000 shall be for carrying out activities under section 615(d) of the Energy Independence and Security Act of 2007 (42 U.S.C. 17194(d)): Provided further, That of the amount provided under this heading in this Act, $60,000,000 shall be for carrying out activities for the Wind Energy Technology Program, as authorized under section 3003(b)(2) of the Energy Act of 2020 (42 U.S.C. 16237(b)(2)): Provided further, That of the amount provided under this heading in this Act, $40,000,000 shall be for carrying out activities for the Wind Energy Technology Recycling Research, Development, and Demonstration Program, as authorized under section 3003(b)(4) of the Energy Act of 2020 (42 U.S.C. 16237(b)(4)): Provided further, That of the amount provided under this heading in this Act, $40,000,000 shall be for carrying out activities under section 3004(b)(2) of the Energy Act of 2020 (42 U.S.C. 16238(b)(2)): Provided further, That of the amount provided under this heading in this Act, $20,000,000 shall be for carrying out activities under section 3004(b)(3) of the Energy Act of 2020 (42 U.S.C. 16238(b)(3)): Provided further, That of the amount provided under this heading in this Act, $20,000,000 shall be for carrying out activities under section 3004(b)(4) of the Energy Act of 2020 (42 U.S.C. 16238(b)(4)): Provided further, That not later than 90 days after the date of enactment of this Act, the Secretary of Energy shall submit to the House and Senate Committees on Appropriations and the Senate Committee on Energy and Natural Resources and the House Committee on Energy and Commerce a detailed spend plan for fiscal year 2022: Provided further, That for each fiscal year through 2026, as part of the annual budget submission of the President under section 1105(a) of title 31, United States Code, the Secretary of Energy shall submit a detailed spend plan for that fiscal year: Provided further, That up to three percent of the amounts made available under this heading in this Act in each of fiscal years 2022 through 2026 shall be for program direction: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985.
Cybersecurity, Energy Security, And Emergency Response
For an additional amount for “Cybersecurity, Energy Security, and Emergency Response”, $550,000,000, to remain available until expended: Provided, That of the amount provided under this heading in this Act, $250,000,000 shall be to carry out activities under the Cybersecurity for the Energy Sector Research, Development, and Demonstration Program, as authorized in section 40125(b) of division D of this Act: Provided further, That of the funds in the preceding proviso, $50,000,000, to remain available until expended, shall be made available for fiscal year 2022, $50,000,000, to remain available until expended, shall be made available for fiscal year 2023, $50,000,000, to remain available until expended, shall be made available for fiscal year 2024, $50,000,000, to remain available until expended, shall be made available for fiscal year 2025, and $50,000,000, to remain available until expended, shall be made available for fiscal year 2026: Provided further, That of the amount provided under this heading in this Act, $50,000,000 shall be to carry out activities under the Energy Sector Operational Support for Cyberresilience Program, as authorized in section 40125(c) of division D of this Act: Provided further, That of the amount provided under this heading in this Act, $250,000,000, to carry out activities under the Rural and Municipal Utility Advanced Cybersecurity Grant and Technical Assistance Program, as authorized in section 40124 of division D of this Act: Provided further, That $50,000,000, to remain available until expended, shall be made available for fiscal year 2022, $50,000,000, to remain available until expended, shall be made available for fiscal year 2023, $50,000,000, to remain available until expended, shall be made available for fiscal year 2024, $50,000,000, to remain available until expended, shall be made available for fiscal year 2025, and $50,000,000, to remain available until expended, shall be made available for fiscal year 2026: Provided further, That not later than 90 days after the date of enactment of this Act, the Secretary of Energy shall submit to the House and Senate Committees on Appropriations and the Senate Committee on Energy and Natural Resources and the House Committee on Energy and Commerce a detailed spend plan for fiscal year 2022: Provided further, That for each fiscal year through 2026, as part of the annual budget submission of the President under section 1105(a) of title 31, United States Code, the Secretary of Energy shall submit a detailed spend plan for that fiscal year: Provided further, That up to three percent of the amounts made available under this heading in this Act in each of fiscal years 2022 through 2026 shall be for program direction: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985.
Electricity
For an additional amount for “Electricity”, $8,100,000,000, to remain available until expended: Provided, That of the amount provided under this heading in this Act, $5,000,000,000 shall be for grants under section 40101 of division D of this Act: Provided further, That of the funds in the preceding proviso, $1,000,000,000, to remain available until expended, shall be made available for fiscal year 2022, $1,000,000,000, to remain available until expended, shall be made available for fiscal year 2023, $1,000,000,000, to remain available until expended, shall be made available for fiscal year 2024, $1,000,000,000, to remain available until expended, shall be made available for fiscal year 2025, and $1,000,000,000, to remain available until expended, shall be made available for fiscal year 2026: Provided further, That of the amount provided under this heading in this Act, $50,000,000 shall be to carry out the Transmission Facilitation Program, including for any administrative expenses of carrying out the program, as authorized in section 40106(d)(3) of division D of this Act: Provided further, That of the funds in the preceding proviso, $10,000,000, to remain available until expended, shall be made available for fiscal year 2022, $10,000,000, to remain available until expended, shall be made available for fiscal year 2023, $10,000,000, to remain available until expended, shall be made available for fiscal year 2024, $10,000,000, to remain available until expended, shall be made available for fiscal year 2025, and $10,000,000, to remain available until expended, shall be made available for fiscal year 2026: Provided further, That of the amount provided under this heading in this Act and in addition to amounts otherwise made available for this purpose, $3,000,000,000, to remain available until expended, shall be to carry out activities under the Smart Grid Investment Matching Grant Program, as authorized in section 1306 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17386), as amended by section 40107 of division D of this Act: Provided further, That of the funds in the preceding proviso, $600,000,000, to remain available until expended, shall be made available for fiscal year 2022, $600,000,000, to remain available until expended, shall be made available for fiscal year 2023, $600,000,000, to remain available until expended, shall be made available for fiscal year 2024, $600,000,000, to remain available until expended, shall be made available for fiscal year 2025, and $600,000,000, to remain available until expended, shall be made available for fiscal year 2026: Provided further, That of the amount provided under this heading in this Act, $50,000,000 shall be to carry out an advanced energy security program to secure energy networks, as authorized under section 40125(d) of division D of this Act: Provided further, That not later than 90 days after the date of enactment of this Act, the Secretary of Energy shall submit to the House and Senate Committees on Appropriations and the Senate Committee on Energy and Natural Resources and the House Committee on Energy and Commerce a detailed spend plan for fiscal year 2022: Provided further, That for each fiscal year through 2026, as part of the annual budget submission of the President under section 1105(a) of title 31, United States Code, the Secretary of Energy shall submit a detailed spend plan for that fiscal year: Provided further, That up to three percent of the amounts made available under this heading in this Act in each of fiscal years 2022 through 2026 shall be for program direction: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985.
Nuclear Energy
For an additional amount for “Nuclear Energy”, $6,000,000,000, to remain available until expended, to carry out activities under the Civil Nuclear Credit Program, as authorized in section 40323 of division D of this Act: Provided, That $1,200,000,000, to remain available until expended, shall be made available for fiscal year 2022, $1,200,000,000, to remain available until expended, shall be made available for fiscal year 2023, $1,200,000,000, to remain available until expended, shall be made available for fiscal year 2024, $1,200,000,000, to remain available until expended, shall be made available for fiscal year 2025, and $1,200,000,000, to remain available until expended, shall be made available for fiscal year 2026: Provided further, That not later than 90 days after the date of enactment of this Act, the Secretary of Energy shall submit to the House and Senate Committees on Appropriations a detailed spend plan for fiscal year 2022: Provided further, That for each fiscal year through 2026, as part of the annual budget submission of the President under section 1105(a) of title 31, United States Code, the Secretary of Energy shall submit a detailed spend plan for that fiscal year: Provided further, That up to $36,000,000 of the amount provided under this heading in this Act shall be made available in each of fiscal years 2022 through 2026 for program direction: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985.
Fossil Energy And Carbon Management
For an additional amount for “Fossil Energy and Carbon Management”, $7,497,140,781, to remain available until expended: Provided, That of the amount provided under this heading in this Act, $310,140,781 shall be to carry out activities under the Carbon Utilization Program, as authorized in section 969A of the Energy Policy Act of 2005 (42 U.S.C. 16298a), as amended by section 40302 of division D of this Act: Provided further, That of the funds in the preceding proviso, $41,000,000, to remain available until expended, shall be made available for fiscal year 2022, $65,250,000, to remain available until expended, shall be made available for fiscal year 2023, $66,562,500, to remain available until expended, shall be made available for fiscal year 2024, $67,940,625, to remain available until expended, shall be made available for fiscal year 2025, and $69,387,656, to remain available until expended, shall be made available for fiscal year 2026: Provided further, That of the amount provided under this heading in this Act, $100,000,000 shall be used to carry out the front-end engineering and design program out activities under the Carbon Capture Technology Program, as authorized in section 962 of the Energy Policy Act of 2005 (42 U.S.C. 16292), as amended by section 40303 of division D of this Act: Provided further, That of the funds in the preceding proviso, $20,000,000, to remain available until expended, shall be made available for fiscal year 2022, $20,000,000, to remain available until expended, shall be made available for fiscal year 2023, $20,000,000, to remain available until expended, shall be made available for fiscal year 2024, $20,000,000, to remain available until expended, shall be made available for fiscal year 2025, and $20,000,000, to remain available until expended, shall be made available for fiscal year 2026: Provided further, That of the amount provided under this heading in this Act, $2,500,000,000 shall be to carry out activities for the Carbon Storage Validation and Testing, as authorized section 963 of the Energy Policy Act of 2005 (42 U.S.C. 16293), as amended by section 40305 of division D of this Act: Provided further, That of the funds in the preceding proviso, $500,000,000, to remain available until expended, shall be made available for fiscal year 2022, $500,000,000, to remain available until expended, shall be made available for fiscal year 2023, $500,000,000, to remain available until expended, shall be made available for fiscal year 2024, $500,000,000, to remain available until expended, shall be made available for fiscal year 2025, and $500,000,000, to remain available until expended, shall be made available for fiscal year 2026: Provided further, That of the amount provided under this heading in this Act, $3,500,000,000 shall be to carry out a program to develop four regional clean direct air capture hubs, as authorized under section 969D of the Energy Policy Act of 2005 (42 U.S.C. 16298d), as amended by section 40308 of division D of this Act: Provided further, That of the funds in the preceding proviso, $700,000,000, to remain available until expended, shall be made available for fiscal year 2022, $700,000,000, to remain available until expended, shall be made available for fiscal year 2023, $700,000,000, to remain available until expended, shall be made available for fiscal year 2024, $700,000,000, to remain available until expended, shall be made available for fiscal year 2025, and $700,000,000, to remain available until expended, shall be made available for fiscal year 2026: Provided further, That of the amount provided under this heading in this Act and in addition to amounts otherwise made available for this purpose, $15,000,000 shall be for precommercial direct air capture technology prize competitions, as authorized under section 969D(e)(2)(A) of the Energy Policy Act of 2005 (42 U.S.C. 16298d(e)(2)(A)): Provided further, That of the amount provided under this heading in this Act and in addition to amounts otherwise made available for this purpose, $100,000,000 shall be for commercial direct air capture technology prize competitions, as authorized under section 969D(e)(2)(B) of the Energy Policy Act of 2005 (42 U.S.C. 16298d(e)(2)(B)): Provided further, That for amounts identified in the preceding proviso, the Secretary shall enter pre-construction commitments with selected projects for future awards for qualified carbon dioxide capture: Provided further, That of the amount provided under this heading in this Act, $140,000,000 shall be for a Rare Earth Elements Demonstration Facility, as authorized under section 7001 of the Energy Act of 2020 (42 U.S.C. 13344), as amended by section 40205 of division D of this Act: Provided further, That of the amount provided under this heading in this Act and in addition to amounts otherwise made available for this purpose, $127,000,000 shall be to carry out rare earth mineral security activities, as authorized under section 7001(a) of the Energy Act of 2020 (42 U.S.C. 13344(a)): Provided further, That of the funds in the preceding proviso, $23,000,000, to remain available until expended, shall be made available for fiscal year 2022, $24,200,000, to remain available until expended, shall be made available for fiscal year 2023, $25,400,000, to remain available until expended, shall be made available for fiscal year 2024, $26,600,000, to remain available until expended, shall be made available for fiscal year 2025, and $27,800,000, to remain available until expended, shall be made available for fiscal year 2026: Provided further, That of the amount provided under this heading in this Act and in addition to amounts otherwise made available for this purpose, $600,000,000 shall be to carry out critical material innovation, efficiency, and alternatives activities under section 7002(g) of the Energy Act of 2020 (30 U.S.C. 1606(g)): Provided further, That of the funds in the preceding proviso, $230,000,000, to remain available until expended, shall be made available for fiscal year 2022, $100,000,000, to remain available until expended, shall be made available for fiscal year 2023, $135,000,000, to remain available until expended, shall be made available for fiscal year 2024, $135,000,000, to remain available until expended, shall be made available for fiscal year 2025: Provided further, That of the amount provided under this heading in this Act and in addition to amounts otherwise made available for this purpose, $75,000,000 shall be for the Critical Material Supply Chain Research Facility, as authorized under section 7002(h) of the Energy Act of 2020 (30 U.S.C. 1606(h)): Provided further, That of the funds in the preceding proviso, $40,000,000, to remain available until expended, shall be made available for fiscal year 2022, and $35,000,000, to remain available until expended, shall be made available for fiscal year 2023: Provided further, That of the amount provided under this heading in this Act, $30,000,000 shall be to carry out activities authorized in section 349(b)(2) of the Energy Policy Act of 2005 (42 U.S.C.15907(b)(2)), as amended by section 40601 of division D of this Act: Provided further, That not later than 90 days after the date of enactment of this Act, the Secretary of Energy shall submit to the House and Senate Committees on Appropriations a detailed spend plan for fiscal year 2022: Provided further, That for each fiscal year through 2026, as part of the annual budget submission of the President under section 1105(a) of title 31, United States Code, the Secretary of Energy shall submit a detailed spend plan for that fiscal year: Provided further, That up to three percent of the amounts made available under this heading in this Act in each of fiscal years 2022 through 2026 shall be for program direction: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985.
Carbon Dioxide Transportation Infrastructure Finance And Innovation Program Account
For an additional amount for “Carbon Dioxide Transportation Infrastructure Finance and Innovation Program Account”, $2,100,000,000, to remain available until expended, to carry out activities for the Carbon Dioxide Transportation Infrastructure Finance and Innovation Program, as authorized by subtitle J of title IX of the Energy Policy Act of 2005 (42 U.S.C. 16181 et seq.), as amended by section 40304(a) of division D of this Act: Provided, That such costs, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974: Provided further, That $3,000,000, to remain available until expended, shall be made available for fiscal year 2022 and $2,097,000,000, to remain available until expended, shall be made available for fiscal year 2023: Provided further, That the amount made available under this heading in this Act for fiscal year 2022 shall be for administrative expenses to carry out the loan program: Provided further, That the Office of Fossil Energy and Carbon Management shall oversee the Carbon Dioxide Transportation Infrastructure Finance and Innovation program, in consultation and coordination with the Department of Energy’s Loan Program Office: Provided further, That not later than 270 days after the date of enactment of this Act, the Secretary of Energy shall submit to the House and Senate Committees on Appropriations an analysis of how subsidy rates will be determined for loans financed by appropriations provided under this heading in this Act and an analysis of the process for developing draft regulations for the program, including a crosswalk from the statutory requirements for such program, and a timetable for publishing such regulations: Provided further, That for each fiscal year through 2027, the annual budget submission of the President under section 1105(a) of title 31, United States Code, shall include a detailed request for the amount recommended for allocation for the Carbon Dioxide Transportation Finance and Innovation program from amounts provided under this heading in this Act and such detailed request shall include any information required pursuant to the Federal Credit Reform Act of 1990, such as credit subsidy rates, a loan limitation, and necessary administrative expenses to carry out the loan program: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985.
Office Of Clean Energy Demonstrations
For an additional amount for “Office of Clean Energy Demonstrations”, $21,456,000,000, to remain available until expended: Provided, That the Office of Clean Energy Demonstrations, as authorized by section 41201 of division D of this Act, shall conduct administrative and project management responsibilities for the demonstration projects provided for under this heading in this Act: Provided further, That the Office of Clean Energy Demonstrations shall consult and coordinate with technology-specific program offices to ensure alignment of technology goals and avoid unnecessary duplication: Provided further, That of the amount provided under this heading in this Act and in addition to amounts otherwise made available for this purpose, $355,000,000 shall be to carry out the Energy Storage Demonstration Pilot Grant Program, as authorized under section 3201(c) of the Energy Act of 2020 (42 U.S.C. 17232(c)): Provided further, That of the funds in the preceding proviso, $88,750,000, to remain available until expended, shall be made available for fiscal year 2022, $88,750,000, to remain available until expended, shall be made available for fiscal year 2023, $88,750,000, to remain available until expended, shall be made available for fiscal year 2024, $88,750,000, to remain available until expended, shall be made available for fiscal year 2025: Provided further, That of the amount provided under this heading in this Act and in addition to amounts otherwise made available for this purpose, $150,000,000 to carry out the Long-duration Demonstration Initiative and Joint Program, as authorized under section 3201(d) of the Energy Act of 2020 (42 U.S.C. 17232(d)): Provided further, That of the funds in the preceding proviso, $37,500,000, to remain available until expended, shall be made available for fiscal year 2022, $37,500,000, to remain available until expended, shall be made available for fiscal year 2023, $37,500,000, to remain available until expended, shall be made available for fiscal year 2024, $37,500,000, to remain available until expended, shall be made available for fiscal year 2025: Provided further, That of the amount provided under this heading in this Act and in addition to amounts otherwise made available for this purpose, $2,477,000,000 shall be to carry out the Advanced Reactor Demonstration Program, as authorized under section 959A of the Energy Policy Act of 2005 (42 U.S.C. 16279a): Provided further, That of the funds in the preceding proviso, $677,000,000, to remain available until expended, shall be made available for fiscal year 2022, $600,000,000, to remain available until expended, shall be made available for fiscal year 2023, $600,000,000, to remain available until expended, shall be made available for fiscal year 2024, $600,000,000, to remain available until expended, shall be made available for fiscal year 2025: Provided further, That funds in the preceding proviso shall be for projects selected prior to the date of enactment of this Act: Provided further, That of the amount provided under this heading in this Act and in addition to amounts otherwise made available for this purpose, $937,000,000 shall be to carry out the Carbon Capture Large-scale Pilot Projects, as authorized under section 962(b)(2)(B) of the Energy Policy Act of 2005 (42 U.S.C. 16292(b)(2)(B)): Provided further, That of the funds in the preceding proviso, $387,000,000, to remain available until expended, shall be made available for fiscal year 2022, $200,000,000, to remain available until expended, shall be made available for fiscal year 2023, $200,000,000, to remain available until expended, shall be made available for fiscal year 2024, $150,000,000, to remain available until expended, shall be made available for fiscal year 2025: Provided further, That of the amount provided under this heading in this Act and in addition to amounts otherwise made available for this purpose, $2,537,000,000 shall be for the Carbon Capture Demonstration Projects Program, as authorized under section 962(b)(2)(C) of the Energy Policy Act of 2005 (42 U.S.C. 16292(b)(2)(C)): Provided further, That of the funds in the preceding proviso, $937,000,000, to remain available until expended, shall be made available for fiscal year 2022, $500,000,000, to remain available until expended, shall be made available for fiscal year 2023, $500,000,000, to remain available until expended, shall be made available for fiscal year 2024, $600,000,000, to remain available until expended, shall be made available for fiscal year 2025: Provided further, That of the amount provided under this heading in this Act and in addition to amounts otherwise made available for this purpose, $500,000,000 shall be to carry out Industrial Emission Demonstration Projects, as authorized under section 454(d)(3) of the Energy Independence and Security Act of 2007 (42 U.S.C. 17113(d)(3)): Provided further, That of the funds in the preceding proviso, $100,000,000, to remain available until expended, shall be made available for fiscal year 2022, $100,000,000, to remain available until expended, shall be made available for fiscal year 2023, $150,000,000, to remain available until expended, shall be made available for fiscal year 2024, $150,000,000, to remain available until expended, shall be made available for fiscal year 2025: Provided further, That of the amount provided under this heading in this Act and in addition to amounts otherwise made available for this purpose, $500,000,000 shall be to carry out the Clean Energy Demonstration Program on Current and Former Mine Land, as authorized under section 40342 of division D of this Act: Provided further, That of the funds in the preceding proviso, $100,000,000, to remain available until expended, shall be made available for fiscal year 2022, $100,000,000, to remain available until expended, shall be made available for fiscal year 2023, $100,000,000, to remain available until expended, shall be made available for fiscal year 2024, $100,000,000, to remain available until expended, shall be made available for fiscal year 2025, and $100,000,000, to remain available until expended, shall be made available for fiscal year 2026: Provided further, That of the amount provided under this heading in this Act, $8,000,000,000 shall be made for Regional Clean Hydrogen Hubs, as authorized under section 813 of the Energy Policy Act of 2005 (42 U.S.C. 16151 et seq.), as amended by section 40314 of division D of this Act: Provided further, That of the funds in the preceding proviso, $1,600,000,000, to remain available until expended, shall be made available for fiscal year 2022, $1,600,000,000, to remain available until expended, shall be made available for fiscal year 2023, $1,600,000,000, to remain available until expended, shall be made available for fiscal year 2024, $1,600,000,000, to remain available until expended, shall be made available for fiscal year 2025, and $1,600,000,000, to remain available until expended, shall be made available for fiscal year 2026: Provided further, That of the amount provided under this heading in this Act, $5,000,000,000 shall be for grants for the Program Upgrading Our Electric Grid and Ensuring Reliability and Resiliency, as authorized under section 40103(b) of division D of this Act: Provided further, That of the funds in the preceding proviso, $1,000,000,000, to remain available until expended, shall be made available for fiscal year 2022, $1,000,000,000, to remain available until expended, shall be made available for fiscal year 2023, $1,000,000,000, to remain available until expended, shall be made available for fiscal year 2024, $1,000,000,000, to remain available until expended, shall be made available for fiscal year 2025, and $1,000,000,000, to remain available until expended, shall be made available for fiscal year 2026: Provided further, That of the amount provided under this heading in this Act, $1,000,000,000 shall be to carry out activities for energy improvement in rural and remote areas, as authorized under section 40103(c) of division D of this Act: Provided further, That of the funds in the preceding proviso, $200,000,000, to remain available until expended, shall be made available for fiscal year 2022, $200,000,000, to remain available until expended, shall be made available for fiscal year 2023, $200,000,000, to remain available until expended, shall be made available for fiscal year 2024, $200,000,000, to remain available until expended, shall be made available for fiscal year 2025, and $200,000,000, to remain available until expended, shall be made available for fiscal year 2026: Provided further, That not later than 90 days after the date of enactment of this Act, the Secretary of Energy shall submit to the House and Senate Committees on Appropriations a detailed spend plan for fiscal year 2022: Provided further, That for each fiscal year through 2026, as part of the annual budget submission of the President under section 1105(a) of title 31, United States Code, the Secretary of Energy shall submit a detailed spend plan for that fiscal year: Provided further, That up to three percent of the amounts made available under this heading in this Act in each of fiscal years 2022 through 2026 shall be for program direction: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985.
POWER MARKETING ADMINISTRATIONS
Construction, Rehabilitation, Operation And Maintenance, Western Area Power Administration
(including transfer of funds)
For an additional amount for “Construction, Rehabilitation, Operation and Maintenance, Western Area Power Administration”, $500,000,000, to remain available until expended, for the purchase of power and transmission services: Provided, That the amount made available under this heading in this Act shall be derived from the general fund of the Treasury and shall be reimbursable from amounts collected by the Western Area Power Administration pursuant to the Flood Control Act of 1944 and the Reclamation Project Act of 1939 to recover purchase power and wheeling expenses: Provided further, That such amounts as the Administrator, Western Area Power Administration, deems necessary for the same purposes as outlined above may be transferred to Western Area Power Administration’s Colorado River Basins Power Marketing Fund account: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985.
GENERAL PROVISIONS—DEPARTMENT OF ENERGY
(including transfer of funds)
Sec. 301. Notwithstanding section 3304 of title 5, United States Code, and without regard to the provisions of sections 3309 through 3318 of such title 5, the Secretary of Energy, upon a determination that there is a severe shortage of candidates or a critical hiring need for particular positions to carry out the Department of Energy activities funded under this title, may, from within the funds provided to the Department of Energy under this title, recruit and directly appoint highly qualified individuals into the competitive service: Provided, That such authority shall not apply to positions in the Excepted Service or the Senior Executive Service: Provided further, That any action authorized herein shall be consistent with the merit principles of section 2301 of such title 5, and the Department shall comply with the public notice requirements of section 3327 of such title 5: Provided further, That the authority under this section shall terminate on September 30, 2027: Provided further, That 180 days after the date of enactment of this Act, the Secretary of Energy shall submit to the House and Senate Committees on Appropriations an estimate of the number of highly qualified individuals it expects to hire under the authority provided in this section.
Sec. 302. Up to one-tenth of one percent of each amount appropriated to the Department of Energy in this title may be transferred to “Departmental Administration” to be used for additional management and mission support for funds made available to the Department of Energy in this title in this Act.
Sec. 303. One-tenth of one percent of the amounts made available to the Department of Energy under each heading in this title in this Act in each of fiscal years 2022 through 2026 shall be transferred to the Office of the Inspector General of the Department of Energy to oversee the funds made available to the Department of Energy in this title in this Act.
INDEPENDENT AGENCIES
Appalachian Regional Commission
For an additional amount for “Appalachian Regional Commission”, $1,000,000,000, to remain available until expended, notwithstanding 40 U.S.C. 14704: Provided, That of the funds in the preceding proviso, $200,000,000, to remain available until expended, shall be made available for fiscal year 2022, $200,000,000, to remain available until expended, shall be made available for fiscal year 2023, $200,000,000, to remain available until expended, shall be made available for fiscal year 2024, $200,000,000, to remain available until expended, shall be made available for fiscal year 2025, and $200,000,000, to remain available until expended, shall be made available for fiscal year 2026: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985.
Delta Regional Authority
For an additional amount for “Delta Regional Authority”, $150,000,000 to remain available until expended: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985.
Denali Commission
For an additional amount for “Denali Commission”, $75,000,000 to remain available until expended: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985.
Northern Border Regional Commission
For an additional amount for “Northern Border Regional Commission”, $150,000,000 to remain available until expended: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985.
Southeast Crescent Regional Commission
For an additional amount for “Southeast Crescent Regional Commission”, $5,000,000 to remain available until expended: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985.
Southwest Border Regional Commission
For an additional amount for “Southwest Border Regional Commission”, $1,250,000 to remain available until expended: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985.
EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO THE PRESIDENT
Office Of The National Cyber Director
salaries and expenses
For an additional amount for “Office of the National Cyber Director”, $21,000,000, to remain available until September 30, 2022, to carry out the purposes of section 1752 of the National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283): Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985.
Federal Communications Commission
affordable connectivity fund
For an additional amount for the “Affordable Connectivity Fund”, $14,200,000,000, to remain available until expended, for the Affordable Connectivity Program, as authorized under section 904(b)(1) of division N of the Consolidated Appropriations Act, 2021 (Public Law 116–260), as amended by section 60502 of division F of this Act: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985.
federal permitting improvement steering council
environmental review improvement fund
For an additional amount for the “Environmental Review Improvement Fund”, $3,000,000 to remain available until September 30, 2026: Provided, That $650,000, to remain available until September 30, 2022, shall be made available for fiscal year 2022, $650,000, to remain available until September 30, 2023, shall be made available for fiscal year 2023, $650,000, to remain available until September 30, 2024, shall be made available for fiscal year 2024, $650,000, to remain available until September 30, 2025, shall be made available for fiscal year 2025, and $400,000, to remain available until September 30, 2026, shall be made available for fiscal year 2026: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985.
General Services Administration
real property activities
federal buildings fund
(including transfers of funds)
For an additional amount to be deposited in the “Federal Buildings Fund”, $3,418,008,000, to remain available until expended, for construction and acquisition, and repairs and alterations of border stations and land ports of entry, of which no more than $250,000,000 shall be for Program Contingency and Operational Support for necessary expenses for projects funded under this heading, including, moving governmental agencies (including space alterations and adjustments, and telecommunications relocation expenses) in connection with the assignment, allocation and transfer of space, leasing of temporary space, and building operations, of which—
(2) $430,200,000 shall be for projects with completed U.S. Customs and Border Protection/General Services Administration feasibility studies as prioritized in the “American Jobs Plan Project List” submitted to the House and Senate Committees on Appropriations on May 28, 2021; and
(3) $210,000,000 shall be for land ports of entry (LPOE) infrastructure paving; acquisition of leased LPOEs; and additional Federal Motor Carrier Safety Administration requirements at the Southern Border:
Provided, That the General Services Administration shall submit a plan, by project, regarding the use of funds made available to the Administrator under this heading in this Act to the Committees on Appropriations of the House of Representatives and the Senate within 90 days of enactment of this Act: Provided further, That the Administrator of General Services shall notify the Committees on Appropriations of the House of Representatives and the Senate quarterly on the obligations and expenditures of the funds provided under this heading in this Act by account of the Federal Buildings Fund: Provided further, That funds made available under this heading in this Act for Federal Buildings Fund activities may be transferred to, and merged with, other accounts within the Federal Buildings Fund only to the extent necessary to meet program requirements for such activities: Provided further, That the General Services Administration will provide notice in advance to the Committees on Appropriations of the House of Representatives and the Senate of any proposed transfers: Provided further, That funds made available to the Administrator under this heading in this Act shall not be subject to section 3307 of title 40, United States Code: Provided further, That amounts made available under this heading in this Act shall be in addition to any other amounts made available for such purposes, including for construction and acquisition or repairs and alterations: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985.
SECURITY, ENFORCEMENT, AND INVESTIGATIONS
U.s. Customs And Border Protection
operations and support
For an additional amount for “Operations and Support”, $330,000,000, to remain available until September 30, 2026, for furniture, fixtures, and equipment for the land ports of entry modernized with funding provided to the General Services Administration in this Act: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985.
procurement, construction, and improvements
For an additional amount for “Procurement, Construction, and Improvements”, $100,000,000, to remain available until September 30, 2026, for land port of entry construction, modernization, and sustainment: Provided, That not later than 90 days after the date of enactment of this Act, the Department shall submit to the House and Senate Committees on Appropriations a detailed spend plan for the amount made available under this heading in this Act: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985.
Coast Guard
operations and support
For an additional amount for “Operations and Support”, $5,000,000, to remain available until September 30, 2026, for personnel and administrative expenses: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985.
procurement, construction, and improvements
For an additional amount for “Procurement, Construction, and Improvements”, $429,000,000, to remain available until September 30, 2026: Provided, That of the funds made available under this heading in this Act—
(1) $131,500,000 shall be for housing, family support, safety, and training facilities, as described in the Coast Guard Fiscal Year 2022 Unfunded Priorities List submitted to Congress on June 29, 2021;
(2) $158,000,000 shall be for shore construction addressing facility deficiencies, as described in the Coast Guard Fiscal Year 2022 Unfunded Priorities List submitted to Congress on June 29, 2021;
(3) $19,500,000 shall be for shore construction supporting operational assets and maritime commerce, as described in the Coast Guard Fiscal Year 2022 Unfunded Priorities List submitted to Congress on June 29, 2021; and
Provided further, That not later than 90 days after the date of enactment of this Act, the Department shall submit to the Committees on Appropriations and Commerce, Science, and Transportation of the Senate and the Committees on Appropriations and Transportation and Infrastructure in the House of Representatives a detailed expenditure plan, including a list of project locations under each paragraph in the preceding proviso: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985.
PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY
Cybersecurity And Infrastructure Security Agency
operations and support
For an additional amount for “Operations and Support”, $35,000,000, to remain available until September 30, 2026, for risk management operations and stakeholder engagement and requirements: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985.
cybersecurity response and recovery fund
For an additional amount for “Cybersecurity Response and Recovery Fund”, $100,000,000, to remain available until September 30, 2028, for cyber response and recovery, as authorized by subtitle C of the Homeland Security Act of 2002, as amended by this Act: Provided, That $20,000,000, to remain available until September 30, 2028, shall be made available for fiscal year 2022, $20,000,000, to remain available until September 30, 2028, shall be made available for fiscal year 2023, $20,000,000, to remain available until September 30, 2028, shall be made available for fiscal year 2024, $20,000,000, to remain available until September 30, 2028, shall be made available for fiscal year 2025, and $20,000,000, to remain available until September 30, 2028, shall be made available for fiscal year 2026: Provided further, That amounts provided under this heading in this Act shall be available only upon a declaration of a significant incident by the Secretary of Homeland Security pursuant to section 2233 of the Homeland Security Act of 2002, as amended by this Act: Provided further, That the Cybersecurity and Infrastructure Security Agency shall provide to the Committees on Appropriations and Homeland Security and Governmental Affairs of the Senate and the Committees on Appropriations and Oversight and Reform of the House of Representatives monthly reports, to be submitted not later than the tenth business day following the end of each month, on the status of funds made available under this heading in this Act, including an accounting of the most recent funding allocation estimates, obligations, expenditures, and unobligated funds, delineated by significant incident, as defined in section 2232 of the Homeland Security Act of 2002, as amended by this Act: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985.
Federal Emergency Management Agency
operations and support
For an additional amount for “Operations and Support”, $67,000,000, to remain available until September 30, 2026, for Federal agency dam safety activities and assistance to States under sections 7 through 12 of the National Dam Safety Program Act (33 U.S.C. 467e through 467h): Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985.
federal assistance
(including transfer of funds)
For an additional amount for “Federal Assistance”, $2,233,000,000, which shall be allocated as follows:
(1) $500,000,000, to remain available until expended, for grants pursuant to section 205 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5135): Provided, That $100,000,000, to remain available until expended, shall be made available for fiscal year 2022, $100,000,000, to remain available until expended, shall be made available for fiscal year 2023, $100,000,000, to remain available until expended, shall be made available for fiscal year 2024, $100,000,000, to remain available until expended, shall be made available for fiscal year 2025, and $100,000,000, to remain available until expended, shall be made available for fiscal year 2026: Provided further, That in addition to amounts made available for administrative expenses under section 205(d)(2) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5135(d)(2)), no more than 3 percent of the amounts made available in fiscal year 2022, 3 percent of the amounts made available in fiscal year 2023, and 3 percent of the amounts made available in each of fiscal years 2024 through 2026 under this paragraph in this Act may be transferred to “Federal Emergency Management Agency—Operations and Support” for salaries and expenses.
(2) $733,000,000, to remain available until expended: Provided, That $148,000,000 of the amounts made available under this paragraph in this Act shall be for grants to States pursuant to section 8(e) of the National Dam Safety Program Act (33 U.S.C. 467f(e)): Provided further, That $585,000,000 of the amounts made available under this paragraph in this Act shall be for grants to States pursuant to section 8A of the National Dam Safety Program Act (33 U.S.C. 467f–2), of which no less than $75,000,000 shall be for the removal of dams: Provided further, That dam removal projects shall include written consent of the dam owner, if ownership is established: Provided further, That in addition to amounts made available for administrative expenses, no more than 3 percent of the amounts made available under this paragraph in this Act may be transferred to “Federal Emergency Management Agency—Operations and Support” for salaries and expenses.
(3) $1,000,000,000 to remain available until expended, for grants to states, local, tribal, and territorial governments for improvement to cybersecurity and critical infrastructure, as authorized by section 2218 of the Homeland Security Act of 2002, as amended by this Act: Provided, That $200,000,000, to remain available until expended, shall be made available for fiscal year 2022, $400,000,000, to remain available until expended, shall be made available for fiscal year 2023, $300,000,000, to remain available until expended, shall be made available for fiscal year 2024, and $100,000,000, to remain available until expended, shall be made available for fiscal year 2025: Provided further, That no more than 3 percent of the amounts made available in each of fiscal years 2022 through 2025 under this paragraph in this Act may be transferred to “Federal Emergency Management Agency—Operations and Support” for salaries and expenses:
Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985.
disaster relief fund
(including transfer of funds)
For an additional amount for “Disaster Relief Fund”, $1,000,000,000, to remain available until expended, in addition to any amounts set aside pursuant to section 203(i) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5133), for grants pursuant to such section: Provided, That $200,000,000, to remain available until expended, shall be made available for fiscal year 2022, $200,000,000, to remain available until expended, shall be made available for fiscal year 2023, $200,000,000, to remain available until expended, shall be made available for fiscal year 2024, $200,000,000, to remain available until expended, shall be made available for fiscal year 2025, and $200,000,000, to remain available until expended, shall be made available for fiscal year 2026: Provided further, That no more than $16,500,000 of the amounts made available in each of fiscal years 2022 through 2026 under this heading in this Act may be transferred to “Federal Emergency Management Agency—Operations and Support” for salaries and expenses: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985.
national flood insurance fund
For an additional amount for “National Flood Insurance Fund”, $3,500,000,000, to be derived from the General Fund of the Treasury, to remain available until expended, for flood mitigation actions and for flood mitigation assistance under section 1366 of the National Flood Insurance Act of 1968 (42 U.S.C. 4104c), notwithstanding sections 1366(e), 1310(a)(7), and 1367 of such Act (42 U.S.C.4104c(e), 4017(a)(7), 4104d), in addition to any other funds available for this purpose: Provided, That $700,000,000, to remain available until expended, shall be made available for fiscal year 2022, $700,000,000, to remain available until expended, shall be made available for fiscal year 2023, $700,000,000, to remain available until expended, shall be made available for fiscal year 2024, $700,000,000, to remain available until expended, shall be made available for fiscal year 2025, and $700,000,000, to remain available until expended, shall be made available for fiscal year 2026: Provided further, That notwithstanding section 1366(d) of the National Flood Insurance Act of 1968 (42 U.S.C. 4104c(d)), the Administrator of the Federal Emergency Management Agency may also use amounts made available under subsection (a) to provide flood mitigation assistance under section 1366 of that Act (42 U.S.C. 4104c) for mitigation activities in an amount up to 90 percent of all eligible costs for a property—
(1) located within a census tract with a Centers for Disease Control and Prevention Social Vulnerability Index score of not less than 0.5001; or
(2) that serves as a primary residence for individuals with a household income of not more than 100 percent of the applicable area median income:
Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985.
Science And Technology Directorate
research and development
For an additional amount for “Research and Development”, $157,500,000, to remain available until September 30, 2026, for critical infrastructure security and resilience research, development, test, and evaluation: Provided, That the funds made available under this heading in this Act may be used for—
(4) public safety and violence prevention to evaluate soft target security, including countering improvised explosive device events and protection of U.S. critical infrastructure; and
(5) research supporting security testing capabilities relating to telecommunications equipment, industrial control systems, and open source software:
Provided further, That not later than 90 days after the date of enactment of this Act, the Department shall submit to the House and Senate Committees on Appropriations a detailed spend plan for the amount made available under this heading in this Act: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985.
GENERAL PROVISION—THIS TITLE
Sec. 501. One-quarter of one percent of the amounts made available under each heading in this title in this Act in each of fiscal years 2022 through 2026 shall be transferred to the Office of the Inspector General of the Department of the Homeland Security for oversight of funding provided to the Department of Homeland Security in this title in this Act.
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—
(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;
(2) $200,000,000 shall be for restoring fish and wildlife passage by removing in-stream barriers and providing technical assistance under the National Fish Passage Program:
Provided further, That one-half of one percent of the amounts made available under this heading in this Act in each of fiscal years 2022 through 2026 shall be transferred to the Office of Inspector General of the Department of the Interior for oversight of funding provided to the Department of the Interior in this title in this Act: Provided further, That nothing under this heading in this Act shall be construed as providing any new authority to remove, breach, or otherwise alter the operations of a Federal hydropower dam and dam removal projects shall include written consent of the dam owner, if ownership is established: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985.
United States Geological Survey
surveys, investigations, and research
(including transfers of funds)
For an additional amount for “Surveys, Investigations, and Research”, $510,668,000, to remain available until expended, for the Secretary of the Interior to carry out activities authorized in sections 40201, 40204, and 41003(a) of division D of this Act: Provided, That amounts made available under this heading in this Act shall be allocated as follows:
(1) $320,000,000 to carry out section 40201 of division D of this Act: Provided, That $64,000,000, to remain available until September 30, 2024, shall be made available for fiscal year 2022, $64,000,000, to remain available until September 30, 2025, shall be made available for fiscal year 2023, $64,000,000, to remain available until September 30, 2026, shall be made available for fiscal year 2024, $64,000,000, to remain available until September 30, 2027, shall be made available for fiscal year 2025, and $64,000,000, to remain available until September 30, 2028, shall be made available for fiscal year 2026;
(2) $167,000,000, to remain available until expended, for fiscal year 2022 to carry out section 40204 of division D of this Act;
(3) $23,668,000 to carry out section 41003(a) of division D of this Act: Provided, That $8,668,000, to remain available until September 30, 2024, shall be made available for fiscal year 2022, $5,000,000, to remain available until September 30, 2025, shall be made available for fiscal year 2023, $5,000,000, to remain available until September 30, 2026, shall be made available for fiscal year 2024, and $5,000,000, to remain available until September 30, 2027, shall be made available for fiscal year 2025:
Provided further, That amounts provided under this heading in this Act shall be in addition to amounts otherwise available for such purposes: Provided further, That one-half of one percent of the amounts made available under this heading in this Act in each of fiscal years 2022 through 2026 shall be transferred to the Office of Inspector General of the Department of the Interior for oversight of funding provided to the Department of the Interior in this title in this Act: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985.
Office Of Surface Mining Reclamation And Enforcement
abandoned mine reclamation fund
(including transfers of funds)
For an additional amount to be deposited in the “Abandoned Mine Reclamation Fund”, $11,293,000,000, to remain available until expended, to carry out section 40701 of division D of this Act: Provided, That of the amount provided under this heading in this Act, $25,000,000, to remain available until expended, shall be to carry out activities as authorized in section 40701(g) of division D of this Act: Provided further, That up to 3 percent of the amounts made available under this heading in this Act shall be for salaries, expenses, and administration: Provided further, That one-half of one percent of the amounts made available under this heading in this Act shall be transferred to the Office of Inspector General of the Department of the Interior for oversight of funding provided to the Department of the Interior in this title in this Act: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985.
Indian Affairs
Bureau Of Indian Affairs
operation of indian programs
(including transfers of funds)
For an additional amount for “Operation of Indian Programs”, $216,000,000, to remain available until expended for tribal climate resilience, adaptation, and community relocation planning, design, and implementation of projects which address the varying climate challenges facing tribal communities across the country: Provided, That of the funds in the preceding proviso, $43,200,000, to remain available until expended, shall be made available for fiscal year 2022, $43,200,000, to remain available until expended, shall be made available for fiscal year 2023, $43,200,000, to remain available until expended shall be made available for fiscal year 2024, $43,200,000, to remain available until expended, shall be made available for fiscal year 2025, and $43,200,000, to remain available until expended, shall be made available for fiscal year 2026: Provided further, That of the funds made available under the preceding proviso for fiscal years 2022 through 2026, $130,000,000 shall be for community relocation, and $86,000,000 shall be for tribal climate resilience and adaptation projects: Provided further, That up to 3 percent of the amounts made available under this heading in this Act in each of fiscal years 2022 through 2026 shall be for salaries, expenses, and administration: Provided further, That one-half of one percent of the amounts made available under this heading in this Act in each of fiscal years 2022 through 2026 shall be transferred to the Office of Inspector General of the Department of the Interior for oversight of funding provided to the Department of the Interior in this title in this Act: Provided further, That awards made under subsection (d) to Tribes and Tribal organizations under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5301 et seq.) shall be considered non-recurring and shall not be part of the amount required by section 106 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5325), and such funds shall only be used for the purposes identified in this section: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985.
construction
(including transfers of funds)
For an additional amount for “Construction”, $250,000,000, to remain available until expended, for construction, repair, improvement, and maintenance of irrigation and power systems, safety of dams, water sanitation, and other facilities: Provided, That any funds provided for the Safety of Dams program pursuant to the Act of November 2, 1921 (25 U.S.C. 13), shall be made available on a nonreimbursable basis: Provided further, That $50,000,000, to remain available until expended, shall be made available for fiscal year 2022, $50,000,000, to remain available until expended, shall be made available for fiscal year 2023, $50,000,000, to remain available until expended, shall be made available for fiscal year 2024, $50,000,000, to remain available until expended, shall be made available for fiscal year 2025, and $50,000,000, to remain available until expended, shall be made available for fiscal year 2026: Provided further, That of the funds made available under this heading in this Act for fiscal years 2022 through 2026—
Provided further, That up to 3 percent of the amounts made available under this heading in this Act in each of fiscal years 2022 through 2026 shall be for salaries, expenses, and administration: Provided further, That one-half of one percent of the amounts made available under this heading in this Act in each of fiscal years 2022 through 2026 shall be transferred to the Office of Inspector General of the Department of the Interior for oversight of funding provided to the Department of the Interior in this title in this Act: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985.
Departmental Offices
Office Of The Secretary
departmental operations
(including transfers of funds)
For an additional amount for “Departmental Operations”, $905,000,000, to remain available until expended, for the Secretary of the Interior to carry out activities, as authorized in section 40804 of division D of this Act: Provided, That $337,000,000, to remain available until expended, shall be made available for fiscal year 2022, $142,000,000, to remain available until expended, shall be made available for fiscal year 2023, $142,000,000, to remain available until expended, shall be made available for fiscal year 2024, $142,000,000, to remain available until expended, shall be made available for fiscal year 2025, and $142,000,000, to remain available until expended, shall be made available for fiscal year 2026: Provided further, That the Secretary may transfer the funds provided under this heading in this Act to any other account in the Department of the Interior to carry out such purposes: Provided further, That the Secretary of the Interior and the Secretary of Agriculture, acting through the Chief of the Forest Service, may authorize the transfer of funds provided under this heading in this Act between the Departments for the purpose of carrying out activities as authorized in section 40804(b)(1) of division D of this Act: Provided further, That up to 3 percent of the amounts made available under this heading in this Act in each of fiscal years 2022 through 2026 shall be for salaries, expenses, and administration: Provided further, That one-half of one percent of the amounts made available under this heading in this Act in each of fiscal years 2022 through 2026 shall be transferred to the Office of Inspector General of the Department of the Interior for oversight of funding provided to the Department of the Interior in this title in this Act: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985.
Department-wide Programs
wildland fire management
(including transfers of funds)
For an additional amount for “Wildland Fire Management”, $1,458,000,000, to remain available until expended: Provided, That $407,600,000, to remain available until expended, shall be made available for fiscal year 2022, $262,600,000, to remain available until expended, shall be made available for fiscal year 2023, $262,600,000, to remain available until expended, shall be made available for fiscal year 2024, $262,600,000, to remain available until expended, shall be made available for fiscal year 2025, and $262,600,000, to remain available until expended, shall be made available for fiscal year 2026: Provided further, That of the funds made available under this heading in this Act, the following amounts shall be for the following purposes for the following fiscal years—
(1) $1,055,000,000 for the Secretary of the Interior to carry out activities for the Department of the Interior, as authorized in section 40803 of division D of this Act, including fuels management activities, of which $327,000,000, to remain available until expended, shall be made available for fiscal year 2022 and $182,000,000, to remain available until expended, shall be made available for each of fiscal years 2023 through 2026;
(2) In addition to amounts made available in paragraph (1) for fuels management activities, $35,600,000 for each of fiscal years 2022 through 2026 for such purpose; and
(3) In addition to amounts made available in paragraph (1) for burned area rehabilitation, $45,000,000 for each of fiscal years 2022 through 2026 for such purpose:
Provided further, That up to $2,000,000 for each of fiscal years 2022 through 2026 from funds made available in paragraphs (2) and (3) of the preceding proviso shall be for implementation of the Tribal Forestry Protection Act, as amended (Public Law 108–278): Provided further, That the Secretary may transfer the funds provided under this heading in this Act to any other account in the Department of the Interior to carry out such purposes: Provided further, That funds appropriated under this heading in this Act may be transferred to the United States Fish and Wildlife Service and the National Marine Fisheries Service for the costs of carrying out their responsibilities under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) to consult and conference, as required by section 7 of such Act, in connection with wildland fire management activities: Provided further, That up to 3 percent of the amounts made available under this heading in this Act in each of fiscal years 2022 through 2026 shall be for salaries, expenses, and administration: Provided further, That one-half of one percent of the amounts made available under this heading in this Act in each of fiscal years 2022 through 2026 shall be transferred to the Office of Inspector General of the Department of the Interior for oversight of funding provided to the Department of the Interior in this title in this Act: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985.
Energy Community Revitalization Program
(including transfers of funds)
For an additional amount for Department-Wide Programs, $4,677,000,000, to remain available until expended, for an Energy Community Revitalization program to carry out orphaned well site plugging, remediation, and restoration activities authorized in section 349 of the Energy Policy Act of 2005 (42 U.S.C. 15907), as amended by section 40601 of division D of this Act: Provided, That of the funds made available under this heading in this Act, the following amounts shall be for the following purposes—
(1) $250,000,000, to remain available until September 30, 2030, shall be to carry out activities authorized in section 349(b) of the Energy Policy Act of 2005 (42 U.S.C. 15907(b)), as amended by section 40601 of division D of this Act;
(2) $775,000,000, to remain available until September 30, 2030, shall be to carry out activities authorized in section 349(c)(3) of the Energy Policy Act of 2005 (42 U.S.C. 15907(c)(3)), as amended by section 40601 of division D of this Act;
(3) $2,000,000,000, to remain available until September 30, 2030, shall be to carry out activities authorized in section 349(c)(4) of the Energy Policy Act of 2005 (42 U.S.C. 15907(c)(4)), as amended by section 40601 of division D of this Act;
(4) $1,500,000,000, to remain available until September 30, 2030, shall be to carry out activities authorized in section 349(c)(5) of the Energy Policy Act of 2005 (42 U.S.C. 15907(c)(5)), as amended by section 40601 of division D of this Act;
(5) $150,000,000, to remain available until September 30, 2030, shall be to carry out activities authorized in section 349(d) of the Energy Policy Act of 2005 (42 U.S.C.15907(d)), as amended by section 40601 of division D of this Act;
Provided further, That of the amount provided under this heading in this Act, $2,000,000 shall be provided by the Secretary through a cooperative agreement with the Interstate Oil and Gas Compact Commission to carry out the consultations authorized in section 349 of the Energy Policy Act of 2005 (42 U.S.C. 15907), as amended by section 40601 of division D of this Act: Provided further, That amounts provided under this heading in this Act shall be in addition to amounts otherwise available for such purposes: Provided further, That amounts provided under this heading in this Act are not available to fulfill Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) obligations agreed to in settlement or imposed by a court, whether for payment of funds or for work to be performed: Provided further, That the Secretary may transfer the funds provided under this heading in this Act to any other account in the Department of the Interior to carry out such purposes: Provided further, That the Secretary may transfer funds made available in paragraph (1) of the first proviso under this heading to the Secretary of Agriculture, acting through the Chief of the Forest Service, to carry out such purposes: Provided further, That up to 3 percent of the amounts made available under this heading in this Act shall be for salaries, expenses, and administration: Provided further, That one-half of one percent of the amounts made available under this heading in this Act shall be transferred to the Office of Inspector General of the Department of the Interior for oversight of funding provided to the Department of the Interior in this title in this Act: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985.
General Provisions, Department Of The Interior
Sec. 601. Not later than 90 days after the date of enactment of this Act, the Secretary of the Interior shall submit to the House and Senate Committees on Appropriations a detailed spend plan for the funds provided to the Department of the Interior in this title in this Act for fiscal year 2022, and for each fiscal year through 2026, as part of the annual budget submission of the President under section 1105(a) of title 31, United States Code, the Secretary of the Interior shall submit a detailed spend plan for the funds provided to the Department of the Interior in this title in this Act for that fiscal year.
ENVIRONMENTAL PROTECTION AGENCY
Environmental Programs And Management
(including transfers of funds)
For an additional amount for “Environmental Programs and Management”, $1,959,000,000, which shall be allocated as follows:
(1) $1,717,000,000, to remain available until expended, for Geographic Programs as specified in the explanatory statement described in section 4 of the matter preceding division A of Public Law 116–260: Provided, That $343,400,000, to remain available until expended, shall be made available for fiscal year 2022, $343,400,000, to remain available until expended, shall be made available for fiscal year 2023, $343,400,000, to remain available until expended, shall be made available for fiscal year 2024, $343,400,000, to remain available until expended, shall be made available for fiscal year 2025, and $343,400,000, to remain available until expended, shall be made available for fiscal year 2026: Provided further, That of the funds made available in this paragraph in this Act, the following amounts shall be for the following purposes in equal amounts for each of fiscal years 2022 through 2026—
Provided further, That the Administrator may waive or reduce the required non-Federal share for amounts made available under this paragraph in this Act for the purposes described in the preceding proviso;
(2) $132,000,000, to remain available until expended, for the National Estuary Program grants under section 320(g)(2) of the Federal Water Pollution Control Act, notwithstanding the funding limitation in section 320(i)(2)(B) of the Act: Provided, That $26,400,000, to remain available until expended, shall be made available for fiscal year 2022, $26,400,000, to remain available until expended, shall be made available for fiscal year 2023, $26,400,000, to remain available until expended, shall be made available for fiscal year 2024, $26,400,000, to remain available until expended, shall be made available for fiscal year 2025, and $26,400,000, to remain available until expended, shall be made available for fiscal year 2026: Provided further, That the Administrator may waive or reduce the required non-Federal share for amounts made available under this paragraph in this Act: Provided further, That up to three percent of the amounts made available under this paragraph in this Act shall be for salaries, expenses, and administration;
(3) $60,000,000, to remain available until expended, for actions under the Gulf Hypoxia Action Plan: Provided, That $12,000,000, to remain available until expended, shall be made available for fiscal year 2022, $12,000,000, to remain available until expended, shall be made available for fiscal year 2023, $12,000,000, to remain available until expended, shall be made available for fiscal year 2024, $12,000,000, to remain available until expended, shall be made available for fiscal year 2025, and $12,000,000, to remain available until expended, shall be made available for fiscal year 2026: Provided further, That funds shall be provided annually to the twelve states serving as members of the Mississippi River/Gulf of Mexico Watershed Nutrient Task Force (Arkansas, Iowa, Illinois, Indiana, Kentucky, Louisiana, Minnesota, Missouri, Mississippi, Ohio, Tennessee, and Wisconsin) in equal amounts for each state for the period of fiscal year 2022 to fiscal year 2026: Provided further, That up to three percent of the amounts made available under this paragraph in this Act shall be for salaries, expenses, and administration;
(4) $25,000,000, to remain available until expended, to support permitting of Class VI wells as authorized under section 40306 of division D of this Act, to be carried out by Drinking Water Programs: Provided, That $5,000,000, to remain available until expended, shall be made available for fiscal year 2022, $5,000,000, to remain available until expended, shall be made available for fiscal year 2023, $5,000,000, to remain available until expended, shall be made available for fiscal year 2024, $5,000,000, to remain available until expended, shall be made available for fiscal year 2025, and $5,000,000, to remain available until expended, shall be made available for fiscal year 2026;
(5) $10,000,000, to remain available until September 30, 2026, for developing battery recycling best practices, as authorized under section 70401(b) of division G of this Act, to be carried out by the Resource Conservation and Recovery Act program;
(6) $15,000,000, to remain available until September 30, 2026, for developing voluntary battery labeling guidelines, as authorized under section 70401(c) of division G of this Act, to be carried out by the Resource Conservation and Recovery Act program;
Provided, That funds provided for the purposes described in paragraphs (1), (2), and (3) under this heading in this Act may be transferred to the United States Fish and Wildlife Service and the National Marine Fisheries Service for the costs of carrying out their responsibilities under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) to consult and conference, as required by section 7 of such Act, in connection with Geographic programs, the National Estuary Program, and the Gulf Hypoxia Action Plan: Provided further, That amounts provided under this heading in this Act shall be in addition to amounts otherwise available for such purposes: Provided further, That one-half of one percent of the amounts made available under this heading in this Act in each of fiscal years 2022 through 2026 shall be transferred to the Office of Inspector General of the Environmental Protection Agency for oversight of funding provided to the Environmental Protection Agency in this title in this Act: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985.
Hazardous Substance Superfund
(including transfers of funds)
For an additional amount for “Hazardous Substance Superfund”, $3,500,000,000, to remain available until expended, consisting of such sums as are available in the Trust Fund on September 30, 2021, as authorized by section 517(a) of the Superfund Amendments and Reauthorization Act of 1986 (SARA) and up to $3,500,000,000 as a payment from general revenues to the Hazardous Substance Superfund for purposes as authorized by section 517(b) of SARA, for all costs associated with Superfund: Remedial activities: Provided, That in providing technical and project implementation assistance for amounts made available under this heading in this Act, the Administrator shall consider the unique needs of Tribal communities with contaminated sites where the potentially responsible parties cannot pay or cannot be identified, but shall not alter the process for prioritizing site cleanups: Provided further, That amounts provided under this heading in this Act shall be in addition to amounts otherwise available for such purposes: Provided further, That amounts provided under this heading in this Act shall not be subject to cost share requirements under section 104(c)(3) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) (42 U.S.C. 9604(c)(3)): Provided further, That the Administrator of the Environmental Protection Agency shall annually report to Congress on the status of funded projects: Provided further, That one-half of one percent of the amounts made available under this heading in this Act in each of fiscal years 2022 through 2026 shall be transferred to the Office of Inspector General of the Environmental Protection Agency for oversight of funding provided to the Environmental Protection Agency in this title in this Act: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985.
State And Tribal Assistance Grants
(including transfers of funds)
For an additional amount for “State and Tribal Assistance Grants”, $55,426,000,000, to remain available until expended: Provided, That amounts made available under this heading in this Act shall be allocated as follows:
(1) $11,713,000,000 for capitalization grants for the Clean Water State Revolving Funds under title VI of the Federal Water Pollution Control Act: Provided, That $1,902,000,000, to remain available until expended, shall be made available for fiscal year 2022, $2,202,000,000, to remain available until expended, shall be made available for fiscal year 2023, $2,403,000,000, to remain available until expended, shall be made available for fiscal year 2024, $2,603,000,000, to remain available until expended, shall be made available for fiscal year 2025, and $2,603,000,000, to remain available until expended, shall be made available for fiscal year 2026: Provided further, That for the funds provided under this paragraph in this Act in fiscal year 2022 and fiscal year 2023, the State shall deposit in the State loan fund from State moneys an amount equal to at least 10 percent of the total amount of the grant to be made to the State, notwithstanding sections 602(b)(2), 602(b)(3) or 202 of the Federal Water Pollution Control Act: Provided further, That for the funds made available under this paragraph in this Act, forty-nine percent of the funds made available to each State for Clean Water State Revolving Fund capitalization grants shall be used by the State to provide subsidy to eligible recipients in the form of assistance agreements with 100 percent forgiveness of principal or grants (or any combination of these), notwithstanding section 603(i)(3)(B) of the Federal Water Pollution Control Act (33 U.S.C. 1383): Provided further, That up to three percent of the amounts made available under this paragraph in this Act in fiscal year 2022 and up to two percent in each of fiscal years 2023 through 2026 shall be for salaries, expenses, and administration: Provided further, That not less than 80 percent of the amounts the Administrator uses in each fiscal year for salaries, expenses, and administration from amounts made available under this paragraph in this Act for such purposes shall be used for purposes other than hiring full-time employees: Provided further, That 0.35 percent of the amounts made available under this paragraph in this Act in each of fiscal years 2022 through 2026 shall be transferred to the Office of Inspector General of the Environmental Protection Agency for oversight of funding provided to the Environmental Protection Agency in this title in this Act;
(2) $11,713,000,000 for capitalization grants for the Drinking Water State Revolving Funds under section 1452 of the Safe Drinking Water Act: Provided, That $1,902,000,000, to remain available until expended, shall be made available for fiscal year 2022, $2,202,000,000, to remain available until expended, shall be made available for fiscal year 2023, $2,403,000,000, to remain available until expended, shall be made available for fiscal year 2024, $2,603,000,000, to remain available until expended, shall be made available for fiscal year 2025, and $2,603,000,000, to remain available until expended, shall be made available for fiscal year 2026: Provided further, That for the funds provided under this paragraph in this Act in fiscal year 2022 and fiscal year 2023, the State shall deposit in the State loan fund from State moneys an amount equal to at least 10 percent of the total amount of the grant to be made to the State, notwithstanding section 1452(e) of the Safe Drinking Water Act: Provided further, That for the funds made available under this paragraph in this Act, forty-nine percent of the funds made available to each State for Drinking Water State Revolving Fund capitalization grants shall be used by the State to provide subsidy to eligible recipients in the form of assistance agreements with 100 percent forgiveness of principal or grants (or any combination of these), notwithstanding section 1452(d)(2) of the Safe Drinking Water Act (42 U.S.C. 300j–12): Provided further, That up to three percent of the amounts made available under this paragraph in this Act in fiscal year 2022 and up to two percent in each of fiscal years 2023 through 2026 shall be for salaries, expenses, and administration: Provided further, That not less than 80 percent of the amounts the Administrator uses in each fiscal year for salaries, expenses, and administration from amounts made available under this paragraph in this Act for such purposes shall be used for purposes other than hiring full-time employees: Provided further, That 0.35 percent of the amounts made available under this paragraph in this Act in each of fiscal years 2022 through 2026 shall be transferred to the Office of Inspector General of the Environmental Protection Agency for oversight of funding provided to the Environmental Protection Agency in this title in this Act;
(3) $15,000,000,000 for capitalization grants for the Drinking Water State Revolving Funds under section 1452 of the Safe Drinking Water Act: Provided, That $3,000,000,000, to remain available until expended, shall be made available for fiscal year 2022, $3,000,000,000, to remain available until expended, shall be made available for fiscal year 2023, $3,000,000,000, to remain available until expended, shall be made available for fiscal year 2024, $3,000,000,000, to remain available until expended, shall be made available for fiscal year 2025, and $3,000,000,000, to remain available until expended, shall be made available for fiscal year 2026: Provided further, That the funds provided under this paragraph in this Act shall be for lead service line replacement projects and associated activities directly connected to the identification, planning, design, and replacement of lead service lines: Provided further, That for the funds made available under this paragraph in this Act, forty-nine percent of the funds made available to each State for Drinking Water State Revolving Fund capitalization grants shall be used by the State to provide subsidy to eligible recipients in the form of assistance agreements with 100 percent forgiveness of principal or grants (or any combination of these), notwithstanding section 1452(d)(2) of the Safe Drinking Water Act (42 U.S.C. 300j–12): Provided further, That the funds provided under this paragraph in this Act shall not be subject to the matching or cost share requirements of section 1452(e) of the Safe Drinking Water Act: Provided further, That up to three percent of the amounts made available under this paragraph in this Act in fiscal year 2022 and up to two percent in each of fiscal years 2023 through 2026 shall be for salaries, expenses, and administration: Provided further, That one-half of one percent of the amounts made available under this paragraph in this Act in each of fiscal years 2022 through 2026 shall be transferred to the Office of Inspector General of the Environmental Protection Agency for oversight of funding provided to the Environmental Protection Agency in this title in this Act;
(4) $1,000,000,000 for capitalization grants for the Clean Water State Revolving Funds under title VI of the Federal Water Pollution Control Act: Provided, That $100,000,000, to remain available until expended, shall be made available for fiscal year 2022, $225,000,000, to remain available until expended, shall be made available for fiscal year 2023, $225,000,000, to remain available until expended, shall be made available for fiscal year 2024, $225,000,000, to remain available until expended, shall be made available for fiscal year 2025, and $225,000,000, to remain available until expended, shall be made available for fiscal year 2026: Provided further, That funds provided under this paragraph in this Act shall be for eligible uses under section 603(c) of the Federal Water Pollution Control Act that address emerging contaminants: Provided further, That funds provided under this paragraph in this Act shall not be subject to the matching or cost share requirements of sections 602(b)(2), 602(b)(3), or 202 of the Federal Water Pollution Control Act: Provided further, That funds provided under this paragraph in this Act deposited into the state revolving fund shall be provided to eligible recipients as assistance agreements with 100 percent principal forgiveness or as grants (or a combination of these): Provided further, That up to three percent of the amounts made available under this paragraph in this Act in fiscal year 2022 and up to two percent in each of fiscal years 2023 through 2026 shall be for salaries, expenses, and administration: Provided further, That one-half of one percent of the amounts made available under this paragraph in this Act in each of fiscal years 2022 through 2026 shall be transferred to the Office of Inspector General of the Environmental Protection Agency for oversight of funding provided to the Environmental Protection Agency in this title in this Act;
(5) $4,000,000,000 for capitalization grants for the Drinking Water State Revolving Funds under section 1452 of the Safe Drinking Water Act: Provided, That $800,000,000, to remain available until expended, shall be made available for fiscal year 2022, $800,000,000, to remain available until expended, shall be made available for fiscal year 2023, $800,000,000, to remain available until expended, shall be made available for fiscal year 2024, $800,000,000, to remain available until expended, shall be made available for fiscal year 2025, and $800,000,000, to remain available until expended, shall be made available for fiscal year 2026: Provided further, That funds provided under this paragraph in this Act shall be to address emerging contaminants in drinking water with a focus on perfluoroalkyl and polyfluoroalkyl substances through capitalization grants under section 1452(t) of the Safe Drinking Water Act for the purposes described in section 1452(a)(2)(G) of such Act: Provided further, That funds provided under this paragraph in this Act deposited into the State revolving fund shall be provided to eligible recipients as loans with 100 percent principal forgiveness or as grants (or a combination of these): Provided further, That funds provided under this paragraph in this Act shall not be subject to the matching or cost share requirements of section 1452(e) of the Safe Drinking Water Act: Provided further, That up to three percent of the amounts made available under this paragraph in this Act in fiscal year 2022 and up to two percent in each of fiscal years 2023 through 2026 shall be for salaries, expenses, and administration: Provided further, That one-half of one percent of the amounts made available under this paragraph in this Act in each of fiscal years 2022 through 2026 shall be transferred to the Office of Inspector General of the Environmental Protection Agency for oversight of funding provided to the Environmental Protection Agency in this title in this Act;
(6) $5,000,000,000 for grants for addressing emerging contaminants under subsections (a) through (j) of section 1459A of the Safe Drinking Water Act (42 U.S.C. 300j–19a): Provided, That $1,000,000,000, to remain available until expended, shall be made available for fiscal year 2022, $1,000,000,000, to remain available until expended, shall be made available for fiscal year 2023, $1,000,000,000, to remain available until expended, shall be made available for fiscal year 2024, $1,000,000,000, to remain available until expended, shall be made available for fiscal year 2025, and $1,000,000,000, to remain available until expended, shall be made available for fiscal year 2026: Provided further, That funds provided to States under this paragraph may be used for projects that address emerging contaminants supporting a community described in section 1459A, subsection (c)(2), of the Safe Drinking Water Act, notwithstanding the definition of underserved communities in section 1459A, subsection (a)(2), of the Safe Drinking Water Act: Provided further, That funds provided under this paragraph in this Act shall not be subject to the matching or cost share requirements of section 1459A of the Safe Drinking Water Act: Provided further, That up to three percent of the amounts made available under this paragraph in this Act in each of fiscal years 2022 through 2026 shall be for salaries, expenses, and administration: Provided further, That one-half of one percent of the amounts made available under this paragraph in this Act in each of fiscal years 2022 through 2026 shall be transferred to the Office of Inspector General of the Environmental Protection Agency for oversight of funding provided to the Environmental Protection Agency in this title in this Act;
(7) $50,000,000, to remain available until expended, to award Underground Injection Control grants, as authorized under section 40306 of division D of this Act, and for activities to support states’ efforts to develop programs leading to primacy: Provided, That up to three percent of the amounts made available under this paragraph in this Act shall be for salaries, expenses, and administration: Provided further, That one-half of one percent of the amounts made available under this paragraph in this Act shall be transferred to the Office of Inspector General of the Environmental Protection Agency for oversight of funding provided to the Environmental Protection Agency in this title in this Act;
(8) $1,500,000,000 for brownfields activities: Provided, That $300,000,000, to remain available until expended, shall be made available for fiscal year 2022, $300,000,000, to remain available until expended, shall be made available for fiscal year 2023, $300,000,000, to remain available until expended, shall be made available for fiscal year 2024, $300,000,000, to remain available until expended, shall be made available for fiscal year 2025, and $300,000,000, to remain available until expended, shall be made available for fiscal year 2026: Provided further, That of the amounts made available in this paragraph in this Act, the following amounts shall be for the following purposes, in equal amounts for each of fiscal years 2022 through 2026—
(A) $1,200,000,000 shall be to carry out Brownfields projects authorized by section 104(k) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), including grants, interagency agreements and associated program support costs, of which up to $600,000,000, notwithstanding funding limitations in such sections of such Act, may be for—
(i) grants under section 104(k)(3)(A)(ii) of CERCLA to remediate brownfields sites in amounts not to exceed $5,000,000 per grant;
(ii) multipurpose grants under section 104(k)(4)(B)(i) of CERCLA in amounts not to exceed $10,000,000 per grant;
(iii) grants under sections 104(k)(2)(B) and 104(k)(5)(A)(i) of CERCLA for site characterization and assessment activities on a community-wide or site-by-site basis in amounts not to exceed $10,000,000 per grant and without further limitation on the amount that may be expended for any individual brownfield site;
(B) $300,000,000 shall be to carry out section 128 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980:
Provided further, That funds provided under this paragraph in this Act shall not be subject to cost share requirements under section 104(k)(10)(B)(iii) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980: Provided further, That the Administrator of the Environmental Protection Agency shall annually report to Congress on the status of funded projects: Provided further, That up to three percent of the amounts made available under this paragraph in this Act in each of fiscal years 2022 through 2026 shall be for salaries, expenses, and administration: Provided further, That one-half of one percent of the amounts made available under this paragraph in this Act in each of fiscal years 2022 through 2026 shall be transferred to the Office of Inspector General of the Environmental Protection Agency for oversight of funding provided to the Environmental Protection Agency in this title in this Act;
(9) $100,000,000 for all costs for carrying out section 6605 of the Pollution Prevention Act: Provided, That $20,000,000, to remain available until expended, shall be made available for fiscal year 2022, $20,000,000, to remain available until expended, shall be made available for fiscal year 2023, $20,000,000, to remain available until expended, shall be made available for fiscal year 2024, $20,000,000, to remain available until expended, shall be made available for fiscal year 2025, and $20,000,000, to remain available until expended, shall be made available for fiscal year 2026: Provided further, That funds provided under this paragraph in this Act shall not be subject to cost share requirements under section 6605(c) of the Pollution Prevention Act: Provided further, That one-half of one percent of the amounts made available under this paragraph in this Act in each of fiscal years 2022 through 2026 shall be transferred to the Office of Inspector General of the Environmental Protection Agency for oversight of funding provided to the Environmental Protection Agency in this title in this Act;
(10) $275,000,000 for grants under section 302(a) of the Save Our Seas 2.0 Act (Public Law 116–224): Provided, That $55,000,000, to remain available until expended, shall be made available for fiscal year 2022, $55,000,000, to remain available until expended, shall be made available for fiscal year 2023, $55,000,000, to remain available until expended, shall be made available for fiscal year 2024, $55,000,000, to remain available until expended, shall be made available for fiscal year 2025, and $55,000,000, to remain available until expended, shall be made available for fiscal year 2026: Provided further, That notwithstanding section 302(a) of such Act, the Administrator may also provide grants pursuant to such authority to tribes, intertribal consortia consistent with the requirements in 40 CFR 35.504(a), former Indian reservations in Oklahoma (as determined by the Secretary of the Interior), and Alaskan Native Villages as defined in Public Law 92–203: Provided further, That up to three percent of the amounts made available under this paragraph in this Act in each of fiscal years 2022 through 2026 shall be for salaries, expenses, and administration: Provided further, That one-half of one percent of the amounts made available under this paragraph in this Act in each of fiscal years 2022 through 2026 shall be transferred to the Office of Inspector General of the Environmental Protection Agency for oversight of funding provided to the Environmental Protection Agency in this title in this Act;
(11) $75,000,000 to award grants focused on improving material recycling, recovery, management, and reduction, as authorized under section 70402 of division G of this Act: Provided, That $15,000,000, to remain available until expended, shall be made available for fiscal year 2022, $15,000,000, to remain available until expended, shall be made available for fiscal year 2023, $15,000,000, to remain available until expended, shall be made available for fiscal year 2024, $15,000,000, to remain available until expended, shall be made available for fiscal year 2025, and $15,000,000, to remain available until expended, shall be made available for fiscal year 2026: Provided further, That up to three percent of the amounts made available under this paragraph in this Act in each of fiscal years 2022 through 2026 shall be for salaries, expenses, and administration: Provided further, That one-half of one percent of the amounts made available under this paragraph in this Act in each of fiscal years 2022 through 2026 shall be transferred to the Office of Inspector General of the Environmental Protection Agency for oversight of funding provided to the Environmental Protection Agency in this title in this Act;
(12) $5,000,000,000 for the Clean School Bus Program as authorized under section 741 of the Energy Policy Act of 2005 (42 U.S.C. 16091), as amended by section 71101 of division G of this Act: Provided, That $1,000,000,000, to remain available until expended, shall be made available for fiscal year 2022, $1,000,000,000, to remain available until expended, shall be made available for fiscal year 2023, $1,000,000,000, to remain available until expended, shall be made available for fiscal year 2024, $1,000,000,000, to remain available until expended, shall be made available for fiscal year 2025, and $1,000,000,000, to remain available until expended, shall be made available for fiscal year 2026: Provided further, That of the funds provided, $500,000,000 shall be provided annually for zero-emission school buses, as defined in section 741(a)(8) of the Energy Policy Act of 2005 (42 U.S.C. 16091(a)(8)), as amended by section 71101 of division G of this Act, and $500,000,000 shall be provided annually for clean school buses and zero-emission school buses, as defined in section 741(a)(3) of the Energy Policy Act of 2005 (42 U.S.C. 16091(a)(3)), as amended by section 71101 of division G of this Act: Provided further, That up to three percent of the amounts made available under this paragraph in this Act in each of fiscal years 2022 through 2026 shall be for salaries, expenses, and administration: Provided further, That up to one-half of one percent of the of the amounts made available under this heading in this Act in each of fiscal years 2022 through 2026 shall be transferred to the Office of Inspector General of the Environmental Protection Agency for oversight of funding provided to the Environmental Protection Agency in this title in this Act: Provided further, That if there are unobligated funds in any of fiscal years 2022 through 2026 after the Administrator of the Environmental Protection Agency issues awards for that fiscal year, States may compete for those funds, notwithstanding the 10 percent limitation under section 741(b)(7)(B) of the Energy Policy Act of 2005 (42 U.S.C. 16091(b)(7)(B)), as amended by section 71101 of division G of this Act:
Provided further, That amounts provided under this heading in this Act shall be in addition to amounts otherwise available for such purposes: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985.
General Provisions—environmental Protection Agency
(including transfers of funds)
Sec. 611. Funds made available to the Environmental Protection Agency by this Act for salaries, expenses, and administration purposes may be transferred to the “Environmental Programs and Management” account or the “Science and Technology” account as needed for such purposes.
Sec. 612. Not later than 90 days after the date of enactment of this Act, the Administrator of the Environmental Protection Agency shall submit to the House and Senate Committees on Appropriations a detailed spend plan for the funds provided to the Environmental Protection Agency in this title for fiscal year 2022, and for each fiscal year through 2026, as part of the annual budget submission of the President under section 1105(a) of title 31, United States Code, the Administrator of the Environmental Protection Agency shall submit a detailed spend plan for the funds provided to the Environmental Protection Agency in this title for that fiscal year.
Sec. 613. For this fiscal year and each fiscal year thereafter, such sums as are available in the Hazardous Substance Superfund established under section 9507 of the Internal Revenue Code of 1986 at the end of the preceding fiscal year from taxes received in the Treasury under subsection (b)(1) of such section shall be available, without further appropriation, to be used to carry out the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.).
Sec. 614. (a) Drinking water.—There is authorized to be appropriated to carry out the purposes of section 1452 of the Safe Drinking Water Act (42 U.S.C. 300j–12), in addition to amounts otherwise authorized to be appropriated for those purposes, an additional $1,126,000,000 for each of fiscal years 2022 through 2026.
(b) Clean water.—There is authorized to be appropriated to carry out the purposes of title VI of the Federal Water Pollution Control Act (33 U.S.C. 1381 et seq.), in addition to amounts otherwise authorized to be appropriated for those purposes, an additional $1,639,000,000 for each of fiscal years 2022 through 2026.
DEPARTMENT OF AGRICULTURE
Forest Service
forest and rangeland research
For an additional amount for “Forest and Rangeland Research”, $10,000,000, to remain available until September 30, 2029, for the Secretary of Agriculture, acting through the Chief of the Forest Service, to carry out activities of the Joint Fire Science Program, as authorized in section 40803 of division D of this Act: Provided, That $2,000,000, to remain available until September 30, 2025, shall be made available for fiscal year 2022, $2,000,000, to remain available until September 30, 2026, shall be made available for fiscal year 2023, $2,000,000, to remain available until September 30, 2027, shall be made available for fiscal year 2024, $2,000,000, to remain available until September 30, 2028, shall be made available for fiscal year 2025, and $2,000,000, to remain available until September 30, 2029, shall be made available for fiscal year 2026: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985.
state and private forestry
(including transfers of funds)
For an additional amount for “State and Private Forestry”, $1,526,800,000, to remain available until September 30, 2029: Provided, That $305,360,000, to remain available until September 30, 2025, shall be made available for fiscal year 2022, $305,360,000, to remain available until September 30, 2026, shall be made available for fiscal year 2023, $305,360,000, to remain available until September 30, 2027, shall be made available for fiscal year 2024, $305,360,000, to remain available until September 30, 2028, shall be made available for fiscal year 2025, and $305,360,000, to remain available until September 30, 2029, shall be made available for fiscal year 2026: Provided further, That of the funds made available under this heading in this Act, the following amounts shall be for the following purposes in equal amounts for each of fiscal years 2022 through 2026—
(1) $718,000,000 for the Secretary of Agriculture, acting through the Chief of the Forest Service, to carry out activities for the Department of Agriculture, as authorized in sections 40803 and 40804 of division D of this Act;
(2) In addition to amounts made available in paragraph (1) for grants to at-risk communities for wildfire mitigation activities, not less than $500,000,000 for such purposes;
Provided further, That amounts made available under this heading in this Act for each of fiscal years 2022 through 2026 may be transferred between accounts affected by the Forest Service budget restructure outlined in section 435 of division D of the Further Consolidated Appropriations Act, 2020 (Public Law 116–94) to carry out the activities in support of this heading: Provided further, That up to 3 percent of the amounts made available under this heading in this Act in each of fiscal years 2022 through 2026 shall be for salaries, expenses, and administration: Provided further, That one-half of one percent of the amounts made available under this heading in this Act in each of fiscal years 2022 through 2026 shall be transferred to the Office of Inspector General of the Department of Agriculture for oversight of funding provided to the Forest Service in this title in this Act: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985.
national forest system
(including transfers of funds)
For an additional amount for “National Forest System”, $2,854,000,000, to remain available until expended: Provided, That $734,800,000, to remain available until expended, shall be made available for fiscal year 2022, $529,800,000, to remain available until expended, shall be made available for fiscal year 2023, $529,800,000, to remain available until expended, shall be made available for fiscal year 2024, $529,800,000, to remain available until expended, shall be made available for fiscal year 2025, and $529,800,000, to remain available until expended, shall be made available for fiscal year 2026: Provided further, That of the funds made available under this heading in this Act, the following amounts shall be for the following purposes—
(1) $2,115,000,000 for the Secretary of Agriculture, acting through the Chief of the Forest Service, to carry out activities for the Department of Agriculture as authorized in sections 40803 and 40804 of division D of this Act, of which $587,000,000, to remain available until expended, shall be made available for fiscal year 2022 and $382,000,000, to remain available until expended, shall be made available for each of fiscal years 2023 through 2026;
(2) In addition to amounts made available in paragraph (1) for hazardous fuels management activities, $102,800,000 for each of fiscal years 2022 through 2026 for such purposes; and
(3) In addition to amounts made available in paragraph (1) for burned area recovery, $45,000,000 for each of fiscal years 2022 through 2026 for such purposes:
Provided further, That up to $12,000,000 for each of fiscal years 2022 through 2026 from funds made available in paragraph (2) of the preceding proviso may be used to make grants, using any authorities available for the Forest Service under the ‘State and Private Forestry’ appropriation for the purposes of creating incentives for increased use of biomass from National Forest System lands, including the Community Wood Energy Program and the Wood Innovation Grants Program: Provided further, That up to $8,000,000 for each of fiscal years 2022 through 2026 from funds made available in paragraph (2) of the preceding proviso shall be for implementation of the Tribal Forestry Protection Act, as amended (Public Law 108–278): Provided further, That funds appropriated under this heading in this Act may be transferred to the United States Fish and Wildlife Service and the National Marine Fisheries Service for the costs of carrying out their responsibilities under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) to consult and conference, as required by section 7 of such Act, in connection with wildland fire management activities: Provided further, That the Secretary of the Interior and the Secretary of Agriculture, acting through the Chief of the Forest Service, may authorize the transfer of funds provided under this heading in this Act between the Departments for the purpose of carrying out activities as authorized in section 40804(b)(1) of division D of this Act: Provided further, That amounts made available under this heading in this Act for each of fiscal years 2022 through 2026 may be transferred between accounts affected by the Forest Service budget restructure outlined in section 435 of division D of the Further Consolidated Appropriations Act, 2020 (Public Law 116–94) to carry out the activities in support of this heading: Provided further, That amounts made available under this heading in this Act in each of fiscal years 2022 through 2026 shall be available for salaries and expenses: Provided further, That one-half of one percent of the amounts made available under this heading in this Act in each of fiscal years 2022 through 2026 shall be transferred to the Office of Inspector General of the Department of Agriculture for oversight of funding provided to the Forest Service in this title in this Act: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985.
capital improvement and maintenance
(including transfers of funds)
For an additional amount for “Capital Improvement and Maintenance”, $360,000,000, to remain available until September 30, 2029: Provided, That $72,000,000, to remain available until September 30, 2025, shall be made available for fiscal year 2022, $72,000,000, to remain available until September 30, 2026, shall be made available for fiscal year 2023, $72,000,000, to remain available until September 30, 2027, shall be made available for fiscal year 2024, $72,000,000, to remain available until September 30, 2028, shall be made available for fiscal year 2025, and $72,000,000, to remain available until September 30, 2029, shall be made available for fiscal year 2026: Provided further, That of the funds made available under this heading in this Act, the following amounts shall be for the following purposes in equal amounts for each of fiscal years 2022 through 2026—
(1) $250,000,000 to carry out activities of the Legacy Road and Trail Remediation Program, as authorized in Public Law 88–657 (16 U.S.C. 532 et seq.) (commonly known as the “Forest Roads and Trails Act”), as amended by section 40801 of division D of this Act;
(2) $100,000,000 for construction of temporary roads or reconstruction and maintenance of roads to facilitate forest restoration and management projects that reduce wildfire risk; and
(3) $10,000,000 for the removal of non-hydropower Federal dams and for providing dam removal technical assistance:
Provided further, That funds appropriated under this heading in this Act may be transferred to the United States Fish and Wildlife Service and the National Marine Fisheries Service for the costs of carrying out their responsibilities under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) to consult and conference, as required by section 7 of such Act, in connection with wildland fire management activities: Provided further, That amounts made available under this heading in this Act for each of fiscal years 2022 through 2026 may be transferred between accounts affected by the Forest Service budget restructure outlined in section 435 of division D of the Further Consolidated Appropriations Act, 2020 (Public Law 116–94) to carry out the activities in support of this heading: Provided further, That one-half of one percent of the amounts made available under this heading in this Act in each of fiscal years 2022 through 2026 shall be transferred to the Office of Inspector General of the Department of Agriculture for oversight of funding provided to the Forest Service in this title in this Act: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985.
wildland fire management
(including transfers of funds)
For an additional amount for “Wildland Fire Management”, $696,200,000 to remain available until expended, for the Secretary of Agriculture, acting through the Chief of the Forest Service, to carry out activities for the Department of Agriculture as authorized in section 40803 of division D of this Act: Provided, That $552,200,000, to remain available until expended, shall be made available for fiscal year 2022, $36,000,000, to remain available until expended, shall be made available for fiscal year 2023, $36,000,000, to remain available until expended, shall be made available for fiscal year 2024, $36,000,000, to remain available until expended, shall be made available for fiscal year 2025, and $36,000,000, to remain available until expended, shall be made available for fiscal year 2026: Provided further, That funds appropriated under this heading in this Act may be transferred to the United States Fish and Wildlife Service and the National Marine Fisheries Service for the costs of carrying out their responsibilities under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) to consult and conference, as required by section 7 of such Act, in connection with wildland fire management activities: Provided further, That amounts made available under this heading in this Act for each of fiscal years 2022 through 2026 may be transferred between accounts affected by the Forest Service budget restructure outlined in section 435 of division D of the Further Consolidated Appropriations Act, 2020 (Public Law 116– 94) to carry out the activities in support of this heading: Provided further, That amounts made available under this heading in this Act in each of fiscal years 2022 through 2026, shall be available for salaries and expenses to carry out such purposes: Provided further, That one-half of one percent of the amounts made available under this heading in this Act in each of fiscal years 2022 through 2026 shall be transferred to the Office of Inspector General of the Department of Agriculture for oversight of funding provided to the Forest Service in this title in this Act: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985.
administrative provision—forest service
Not later than 90 days after the date of enactment of this Act, the Secretary of Agriculture, acting through the Chief of the Forest Service, shall submit to the House and Senate Committees on Appropriations a detailed spend plan for the funds provided to the Forest Service in this title in this Act for fiscal year 2022, and for each fiscal year through 2026, as part of the annual budget submission of the President under section 1105(a) of title 31, United States Code, the Secretary shall submit a detailed spend plan for the funds provided to the Forest Service in this title in this Act for that fiscal year.
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Indian Health Service
indian health facilities
(including transfers of funds)
For an additional amount for “Indian Health Facilities”, $3,500,000,000, to remain available until expended, for the provision of domestic and community sanitation facilities for Indians, as authorized by section 7 of the Act of August 5, 1954 (68 Stat. 674): Provided, That $700,000,000, to remain available until expended, shall be made available for fiscal year 2022, $700,000,000, to remain available until expended, shall be made available for fiscal year 2023, $700,000,000, to remain available until expended, shall be made available for fiscal year 2024, $700,000,000, to remain available until expended, shall be made available for fiscal year 2025, and $700,000,000, to remain available until expended, shall be made available for fiscal year 2026: Provided further, That of the amounts made available under this heading, up to $2,200,000,000 shall be for projects that exceed the economical unit cost and shall be available until expended: Provided further, That up to three percent of the amounts made available in each fiscal year shall be for salaries, expenses, and administration: Provided further, That one-half of one percent of the amounts made available under this heading in this Act in each fiscal years 2022 through 2026 shall be transferred to the Office of Inspector General of the Department of Health and Human Services for oversight of funding provided to the Department of Health and Human Services in this title in this Act: Provided further, That no funds available to the Indian Health Service for salaries, expenses, administration, and oversight shall be available for contracts, grants, compacts, or cooperative agreements under the provisions of the Indian Self-Determination and Education Assistance Act as amended: Provided further, That funds under this heading made available to Tribes and Tribal organizations under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5301 et seq.) shall be available on a one-time basis, are nonrecurring, and shall not be part of the amount required by section 106 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5325), and shall only be used for the purposes identified in this heading: Provided further, That not later than 90 days after the date of enactment of this Act, the Secretary of Health and Human Services shall submit to the House and Senate Committees on Appropriations a detailed spend plan for fiscal year 2022: Provided further, That for each fiscal year through 2026, as part of the annual budget submission of the President under section 1105(a) of title 31, United States Code, the Secretary of Health and Human Services shall submit a detailed spend plan for that fiscal year: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985.
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.
DEPARTMENT OF TRANSPORTATION
Office Of The Secretary
national infrastructure investments
For an additional amount for “National Infrastructure Investments”, $12,500,000,000, to remain available until expended, for necessary expenses to carry out chapter 67 of title 49, United States Code, of which $5,000,000,000 shall be to carry out section 6701 of such title and $7,500,000,000 shall be to carry out section 6702 of such title: Provided, That, of the amount made available under this heading in this Act to carry out section 6701 of title 49, United States Code, $1,000,000,000, to remain available until expended, shall be made available for fiscal year 2022, $1,000,000,000, to remain available until expended, shall be made available for fiscal year 2023, $1,000,000,000, to remain available until expended, shall be made available for fiscal year 2024, $1,000,000,000, to remain available until expended, shall be made available for fiscal year 2025, and $1,000,000,000, to remain available until expended, shall be made available for fiscal year 2026: Provided further, That, of the amount made available under this heading in this Act to carry out section 6702 of title 49, United States Code, $1,500,000,000, to remain available until September 30, 2026, shall be made available for fiscal year 2022, $1,500,000,000, to remain until September 30, 2027, shall be made available for fiscal year 2023, $1,500,000,000, to remain available until September 30, 2028, shall be made available for fiscal year 2024, $1,500,000,000, to remain available until September 30, 2029, shall be made available for fiscal year 2025, and $1,500,000,000, to remain available September 30, 2030, shall be made available for fiscal year 2026: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and pursuant to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985.
safe streets and roads for all grants
For an additional amount for “Safe Streets and Roads for All Grants”, $5,000,000,000, to remain available until expended, for competitive grants, as authorized under section 24112 of division B of this Act: Provided, That $1,000,000,000, to remain available until expended, shall be made available for fiscal year 2022, $1,000,000,000, to remain available until expended, shall be made available for fiscal year 2023, $1,000,000,000, to remain available until expended, shall be made available for fiscal year 2024, $1,000,000,000, to remain available until expended, shall be made available for fiscal year 2025, and $1,000,000,000, to remain available until expended, shall be made available for fiscal year 2026: Provided further, That the Secretary shall issue a notice of funding opportunity not later than 180 days after each date upon which funds are made available under the preceding proviso: Provided further, That the Secretary shall make awards not later than 270 days after issuing the notices of funding opportunity required under the preceding proviso: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985.
national culvert removal, replacement, and restoration grants
For an additional amount for “National Culvert Removal, Replacement, and Restoration Grants”, $1,000,000,000, to remain available until expended, as authorized by section 6203 of title 49, United States Code: Provided, That $200,000,000, to remain available until expended, shall be made available for fiscal year 2022, $200,000,000, to remain available until expended, shall be made available for fiscal year 2023, $200,000,000, to remain available until expended, shall be made available for fiscal year 2024, $200,000,000, to remain available until expended, shall be made available for fiscal year 2025, and $200,000,000, to remain available until expended, shall be made available for fiscal year 2026: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985.
strengthening mobility and revolutionizing transportation grant program
For an additional amount for “Strengthening Mobility and Revolutionizing Transportation Grant Program”, $500,000,000, to remain available until expended, as authorized by section 25005 of division B of this Act: Provided, That $100,000,000, to remain available until expended, shall be made available for fiscal year 2022, $100,000,000, to remain available until expended, shall be made available for fiscal year 2023, $100,000,000, to remain available until expended, shall be made available for fiscal year 2024, $100,000,000, to remain available until expended, shall be made available for fiscal year 2025, and $100,000,000, to remain available until expended, shall be made available for fiscal year 2026: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985.
administrative provisions—office of the secretary of transportation
(including transfer of funds)
Sec. 801. (a) Amounts made available to the Secretary of Transportation or the Department of Transportation’s Operating Administrations in this title in this Act and in section 117 of title 23, United States Code, for fiscal years 2022 through 2026 for the costs of award, administration, or oversight of financial assistance under the programs administered by the Office of Multimodal Infrastructure and Freight may be transferred to an “Office of Multimodal Infrastructure and Freight” account, to remain available until expended, for the necessary expenses of award, administration, or oversight of any discretionary financial assistance programs funded under this title in this Act or division A of this Act: Provided, That one-half of one percent of the amounts transferred pursuant to the authority in this section in each of fiscal years 2022 through 2026 shall be transferred to the Office of Inspector General of the Department of Transportation for oversight of funding provided to the Department of Transportation in this title in this Act: Provided further, That the amount provided by this section is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985.
(b) In addition to programs identified in section 118(d) of title 49, United States Code, the Office of Multimodal Infrastructure and Freight shall administer, with support from the Department’s Operating Administrations, the following financial assistance programs—
(1) the national infrastructure projects program under section 6701 of title 49, United States Code;
(3) the strengthening mobility and revolutionizing transportation grant program under section 25005 of division B of this Act;
(4) the nationally significant freight and highways projects under section 117 of title 23, United States Code;
(5) the national culvert removal, replacement, and restoration grant program under section 6203 of title 49, United States Code; and
(6) other discretionary financial assistance programs that the Secretary determines should be administered by the Office of Multimodal Infrastructure and Freight, subject to the approval of the House and Senate Committees on Appropriations as required under section 405 of Division L of the Consolidated Appropriations Act, 2021.
Federal Aviation Administration
facilities and equipment
For an additional amount for “Facilities and Equipment”, $5,000,000,000, to remain available until expended: Provided, That $1,000,000,000, to remain available until expended, shall be made available for fiscal year 2022, $1,000,000,000, to remain available until expended, shall be made available for fiscal year 2023, $1,000,000,000, to remain available until expended, shall be made available for fiscal year 2024, $1,000,000,000, to remain available until expended, shall be made available for fiscal year 2025, and $1,000,000,000, to remain available until expended, shall be made available for fiscal year 2026: Provided further, That amounts made available under this heading in this Act shall be derived from the general fund of the Treasury: Provided further, That funds provided under this heading in this Act shall be for: (1) replacing terminal and en route air traffic control facilities; (2) improving air route traffic control center and combined control facility buildings; (3) improving air traffic control en route radar facilities; (4) improving air traffic control tower and terminal radar approach control facilities; (5) national airspace system facilities OSHA and environmental standards compliance; (6) landing and navigational aids; (7) fuel storage tank replacement and management; (8) unstaffed infrastructure sustainment; (9) real property disposition; (10) electrical power system sustain and support; (11) energy maintenance and compliance; (12) hazardous materials management and environmental cleanup; (13) facility security risk management; (14) mobile asset management program; and (15) administrative expenses, including salaries and expenses, administration, and oversight: Provided further, That not less than $200,000,000 of the funds made available under this heading in this Act shall be for air traffic control towers that are owned by the Federal Aviation Administration and staffed through the contract tower program: Provided further, That not later than 90 days after the date of enactment of this Act, the Secretary of Transportation shall submit to the House and Senate Committees on Appropriations a detailed spend plan, including a list of project locations of air traffic control towers and contract towers, to be funded for fiscal year 2022: Provided further, That for each fiscal year through 2026, as part of the annual budget submission of the President under section 1105(a) of title 31, United States Code, the Secretary of Transportation shall submit a detailed spend plan for funding that will be made available under this heading in the upcoming fiscal year, including a list of projects for replacing facilities that are owned by the Federal Aviation Administration, including air traffic control towers that are staffed through the contract tower program: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985.
airport infrastructure grants
(including transfer of funds)
For an additional amount for “Airport Infrastructure Grants”, $15,000,000,000, to remain available until September 30, 2030: Provided, That $3,000,000,000, to remain available until September 30, 2026, shall be made available for fiscal year 2022, $3,000,000,000, to remain available until September 30, 2027, shall be made available for fiscal year 2023, $3,000,000,000, to remain available until September 30, 2028, shall be made available for fiscal year 2024, $3,000,000,000, to remain available until September 30, 2029, shall be made available for fiscal year 2025, and $3,000,000,000, to remain available until September 30, 2030, shall be made available for fiscal year 2026: Provided further, That amounts made available under this heading in this Act shall be derived from the general fund of the Treasury: Provided further, That amounts made available under this heading in this Act shall be made available to sponsors of any airport eligible to receive grants under section 47115 of title 49, United States Code, for airport-related projects defined under section 40117(a)(3) of title 49, United States Code: Provided further, That of the funds made available under this heading in this Act, in each of fiscal years 2022 through 2026—
(1) Not more than $2,480,000,000 shall be available for primary airports as defined in section 47102(16) of title 49, United States Code, and certain cargo airports: Provided, That such funds shall not be subject to the reduced apportionments of section 47114(f) of title 49, United States Code: Provided further, That such funds shall first be apportioned as set forth in sections 47114(c)(1)(A), 47114(c)(1)(C)(i), 47114(c)(1)(C)(ii), 47114(c)(2)(A), 47114(c)(2)(B), and 47114(c)(2)(E), 47114(c)(1)(J) of title 49, United States Code: Provided further, That there shall be no maximum apportionment limit: Provided further, That any remaining funds after such apportionment shall be distributed to all sponsors of primary airports (as defined in section 47102(16) of title 49, United States Code) based on each such airport’s passenger enplanements compared to total passenger enplanements of all airports defined in section 47102(16) of title 49, United States Code, for calendar year 2019 in fiscal years 2022 and 2023 and thereafter for the most recent calendar year enplanements upon which the Secretary has apportioned funds pursuant to section 47114(c) of title 49, United States Code;
(2) Not more than $500,000,000 shall be for general aviation and commercial service airports that are not primary airports as defined in paragraphs (7), (8), and (16) of section 47102 of title 49, United States Code: Provided, That the Secretary of Transportation shall apportion the remaining funds to each non-primary airport based on the categories published in the most current National Plan of Integrated Airport Systems, reflecting the percentage of the aggregate published eligible development costs for each such category, and then dividing the allocated funds evenly among the eligible airports in each category, rounding up to the nearest thousand dollars: Provided further, That any remaining funds under this paragraph in this Act shall be distributed as described in paragraph (3) in this proviso under this heading in this Act; and
(3) $20,000,000 for the Secretary of Transportation to make competitive grants to sponsors of airports participating in the contract tower program and the contract tower cost share program under section 47124 of title 49, United States Code to: (1) sustain, construct, repair, improve, rehabilitate, modernize, replace or relocate nonapproach control towers; (2) acquire and install air traffic control, communications, and related equipment to be used in those towers; and (3) construct a remote tower certified by the Federal Aviation Administration, including acquisition and installation of air traffic control, communications, or related equipment: Provided, That the Federal Aviation Administration shall give priority consideration to projects that enhance aviation safety and improve air traffic efficiency: Provided further, That the Federal share of the costs for which a grant is made under this paragraph shall be 100 percent:
Provided further, That any funds made available in a given fiscal year that remain unobligated at the end of the fourth fiscal year after which they were first made available for obligation shall be made available in the fifth fiscal year after which they were first made available for obligation to the Secretary for competitive grants: Provided further, That of the amounts made available to the Secretary for competitive grants under the preceding proviso, the Secretary shall first provide up to $100,000,000, as described in paragraph (3) of the fourth proviso, and any remaining unobligated balances in excess of that amount shall be available to the Secretary for competitive grants otherwise eligible under the third proviso that reduce airport emissions, reduce noise impact to the surrounding community, reduce dependence on the electrical grid, or provide general benefits to the surrounding community: Provided further, That none of the amounts made available under this heading in this Act may be used to pay for airport debt service: Provided further, That a grant made from funds made available under this heading in this Act shall be treated as having been made pursuant to the Secretary's authority under section 47104(a) of title 49, United States Code: Provided further, That up to 3 percent of the amounts made available under this heading in this Act in each of fiscal years 2022 through 2026 shall be for personnel, contracting, and other costs to administer and oversee grants, of which $1,000,000 in each fiscal year shall be transferred to the Office of Inspector General of the Department of Transportation for oversight of funding provided to the Department of Transportation in this title in this Act: Provided further, That the Federal share of the costs of a project under paragraphs (1) and (2) of the fourth proviso under this heading shall be the percent for which a project for airport development would be eligible under section 47109 of title 49, United States Code: Provided further, That obligations of funds under this heading in this Act shall not be subject to any limitations on obligations provided in any Act making annual appropriations: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985.
airport terminal program
(including transfer of funds)
For an additional amount for “Airport Terminal Program”, $5,000,000,000, to remain available until September 30, 2030, for the Secretary of Transportation to provide competitive grants for airport terminal development projects that address the aging infrastructure of the nation’s airports: Provided, That $1,000,000,000, to remain available until September 30, 2026, shall be made available for fiscal year 2022, $1,000,000,000, to remain available until September 30, 2027, shall be made available for fiscal year 2023, $1,000,000,000, to remain available until September 30, 2028, shall be made available for fiscal year 2024, $1,000,000,000, to remain available until September 30, 2029, shall be made available for fiscal year 2025, and $1,000,000,000, to remain available until September 30, 2030, shall be made available for fiscal year 2026: Provided further, That amounts made available under this heading in this Act shall be derived from the general fund of the Treasury: Provided further, That the Secretary shall issue a notice of funding opportunity not later than 60 days after the date of enactment of this Act: Provided further, That of the funds made available under this heading in this Act, not more than 55 percent shall be for large hub airports, not more than 15 percent shall be for medium hub airports, not more than 20 percent shall be for small hub airports, and not less than 10 percent shall be for nonhub and nonprimary airports: Provided further, That in awarding grants for terminal development projects from funds made available under this heading in this Act, the Secretary may consider projects that qualify as “terminal development” (including multimodal terminal development), as that term is defined in 49 U.S.C. §47102(28), projects for on-airport rail access projects as set forth in Passenger Facility Charge (PFC) Update 75–21, and projects for relocating, reconstructing, repairing, or improving an airport-owned air traffic control tower: Provided further, That in awarding grants for terminal development projects from funds made available under this heading in this Act, the Secretary shall give consideration to projects that increase capacity and passenger access; projects that replace aging infrastructure; projects that achieve compliance with the Americans with Disabilities Act and expand accessibility for persons with disabilities; projects that improve airport access for historically disadvantaged populations; projects that improve energy efficiency, including upgrading environmental systems, upgrading plant facilities, and achieving Leadership in Energy and Environmental Design (LEED) accreditation standards; projects that improve airfield safety through terminal relocation; and projects that encourage actual and potential competition: Provided further, That the Federal share of the cost of a project carried out from funds made available under this heading in this Act shall be 80 percent for large and medium hub airports and 95 percent for small hub, nonhub, and nonprimary airports: Provided further, That a grant made from funds made available under this heading in this Act shall be treated as having been made pursuant to the Secretary's authority under section 47104(a) of title 49, United States Code: Provided further, That the Secretary may provide grants from funds made available under this heading in this Act for a project at any airport that is eligible to receive a grant from the discretionary fund under section 47115(a) of title 49, United States Code: Provided further, That in making awards from funds made available under this heading in this Act, the Secretary shall provide a preference to projects that achieve a complete development objective, even if awards for the project must be phased, and the Secretary shall prioritize projects that have received partial awards: Provided further, That up to 3 percent of the amounts made available under this heading in this Act in each fiscal year shall be for personnel, contracting and other costs to administer and oversee grants, of which $1,000,000 in each fiscal year shall be transferred to the Office of Inspector General of the Department of Transportation for oversight of funding provided to the Department of Transportation in this title in this Act: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985.
Federal Highway Administration
highway infrastructure program
(including transfer of funds)
For an additional amount for “Highway Infrastructure Programs”, $47,272,000,000, to remain available until expended except as otherwise provided under this heading: Provided, That of the amount provided under this heading in this Act, $9,454,400,000, to remain available until September 30, 2025, shall be made available for fiscal year 2022, $9,454,400,000, to remain available until September 30, 2026, shall be made available for fiscal year 2023, $9,454,400,000, to remain available until September 30, 2027, shall be made available for fiscal year 2024, $9,454,400,000, to remain available until September 30, 2028, shall be made available for fiscal year 2025, and $9,454,400,000, to remain available until September 30, 2029, shall be made available for fiscal year 2026: Provided further, That the funds made available under this heading in this Act shall be derived from the general fund of the Treasury, shall be in addition to any other amounts made available for such purpose, and shall not affect the distribution or amount of funds provided in any Act making annual appropriations: Provided further, That, except for funds provided in paragraph (1) under this heading in this Act, up to 1.5 percent of the amounts made available under this heading in this Act in each of fiscal years 2022 through 2026 shall be for operations and administrations of the Federal Highway Administration, of which $1,000,000 in each fiscal year shall be transferred to the Office of the Inspector General of the Department of Transportation for oversight of funding provided to the Department of Transportation in this title in this Act: Provided further, That the amounts made available in the preceding proviso may be combined with the funds made available in paragraph (1) under this heading in this Act for the same purposes in the same account: Provided further, That the funds made available under this heading in this Act shall not be subject to any limitation on obligations for Federal-aid highways or highway safety construction programs set forth in any Act making annual appropriations: Provided further, That, of the amount provided under this heading in this Act, the following amounts shall be for the following purposes in equal amounts for each of fiscal years 2022 through 2026—
(1) $27,500,000,000 shall be for a bridge replacement, rehabilitation, preservation, protection, and construction program: Provided further, That, except as otherwise provided under this paragraph in this Act, the funds made available under this paragraph in this Act shall be administered as if apportioned under chapter 1 of title 23, United States Code: Provided further, That a project funded with funds made available under this paragraph in this Act shall be treated as a project on a Federal-aid highway: Provided further, That, of the funds made available under this paragraph in this Act for a fiscal year, 3 percent shall be set aside to carry out section 202(d) of title 23, United States Code: Provided further, That funds set aside under the preceding proviso to carry out section 202(d) of such title shall be in addition to funds otherwise made available to carry out such section and shall be administered as if made available under such section: Provided further, That for funds set aside under the third proviso of this paragraph in this Act to carry out section 202(d) of title 23, United States Code, the Federal share of the costs shall be 100 percent: Provided further, That, for the purposes of funds made available under this paragraph in this Act: (1) the term “State” has the meaning given such term in section 101 of title 23, United States Code; (2) the term “off-system bridge” means a highway bridge located on a public road, other than a bridge on a Federal-aid highway; and (3) the term “Federal-aid highway” means a public highway eligible for assistance under chapter 1 of title 23, United States Code, other than a highway functionally classified as a local road or rural minor collector: Provided further, That up to one-half of one percent of the amounts made available under this paragraph in this Act in each fiscal year shall be for the administration and operations of the Federal Highway Administration: Provided further, That, after setting aside funds under the third proviso of this paragraph in this Act the Secretary shall distribute the remaining funds made available under this paragraph in this Act among States as follows—
Provided further, That the amounts calculated under the preceding proviso shall be adjusted such that each State receives, for each of fiscal years 2022 through 2026, no less than $45,000,000 under such proviso: Provided further, That for purposes of the preceding 2 provisos, the Secretary shall determine replacement and rehabilitation costs based on the average unit costs of bridges from 2016 through 2020, as submitted by States to the Federal Highway Administration, as required by section 144(b)(5) of title 23, United States Code: Provided further, That for purposes of determining the distribution of funds to States under this paragraph in this Act, the Secretary shall calculate the total deck area of bridges classified as in poor or fair condition based on the National Bridge Inventory as of December 31, 2020: Provided further, That, subject to the following proviso, funds made available under this paragraph in this Act that are distributed to States shall be used for highway bridge replacement, rehabilitation, preservation, protection, or construction projects on public roads: Provided further, That of the funds made available under this paragraph in this Act that are distributed to a State, 15 percent shall be set aside for use on off-system bridges for the same purposes as described in the preceding proviso: Provided further, That, except as provided in the following proviso, for funds made available under this paragraph in this Act that are distributed to States, the Federal share shall be determined in accordance with section 120 of title 23, United States Code: Provided further, That for funds made available under this paragraph in this Act that are distributed to States and used on an off-system bridge that is owned by a county, town, township, city, municipality or other local agency, or federally-recognized Tribe the Federal share shall be 100 percent;
(2) $5,000,000,000, to remain available until expended for amounts made available for each of fiscal years 2022 through 2026, shall be to carry out a National Electric Vehicle Formula Program (referred to in this paragraph in this Act as the “Program”) to provide funding to States to strategically deploy electric vehicle charging infrastructure and to establish an interconnected network to facilitate data collection, access, and reliability: Provided, That funds made available under this paragraph in this Act shall be used for: (1) the acquisition and installation of electric vehicle charging infrastructure to serve as a catalyst for the deployment of such infrastructure and to connect it to a network to facilitate data collection, access, and reliability; (2) proper operation and maintenance of electric vehicle charging infrastructure; and (3) data sharing about electric vehicle charging infrastructure to ensure the long-term success of investments made under this paragraph in this Act: Provided further, That for each of fiscal years 2022 through 2026, the Secretary shall distribute among the States the funds made available under this paragraph in this Act so that each State receives an amount equal to the proportion that the total base apportionment or allocation determined for the State under subsection (c) of section 104 or under section 165 of title 23, United States Code, bears to the total base apportionments or allocations for all States under subsection (c) of section 104 and section 165 of title 23, United States Code: Provided further, That the Federal share payable for the cost of a project funded under this paragraph in this Act shall be 80 percent: Provided further, That the Secretary shall establish a deadline by which a State shall provide a plan to the Secretary, in such form and such manner that the Secretary requires (to be made available on the Department's website), describing how such State intends to use funds distributed to the State under this paragraph in this Act to carry out the Program for each fiscal year in which funds are made available: Provided further, That, not later than 120 days after the deadline established in the preceding proviso, the Secretary shall make publicly available on the Department's website and submit to the House Committee on Transportation and Infrastructure, the Senate Committee on Environment and Public Works, and the House and Senate Committees on Appropriations, a report summarizing each plan submitted by a State to the Department of Transportation and an assessment of how such plans make progress towards the establishment of a national network of electric vehicle charging infrastructure: Provided further, That if a State fails to submit the plan required under the fourth proviso of this paragraph in this Act to the Secretary by the date specified in such proviso, or if the Secretary determines a State has not taken action to carry out its plan, the Secretary may withhold or withdraw, as applicable, funds made available under this paragraph in this Act for the fiscal year from the State and award such funds on a competitive basis to local jurisdictions within the State for use on projects that meet the eligibility requirements under this paragraph in this Act: Provided further, That, prior to the Secretary making a determination that a State has not taken actions to carry out its plan, the Secretary shall notify the State, consult with the State, and identify actions that can be taken to rectify concerns, and provide at least 90 days for the State to rectify concerns and take action to carry out its plan: Provided further, That the Secretary shall provide notice to a State on the intent to withhold or withdraw funds not less than 60 days before withholding or withdrawing any funds, during which time the States shall have an opportunity to appeal a decision to withhold or withdraw funds directly to the Secretary: Provided further, That if the Secretary determines that any funds withheld or withdrawn from a State under the preceding proviso cannot be fully awarded to local jurisdictions within the State under the preceding proviso in a manner consistent with the purpose of this paragraph in this Act, any such funds remaining shall be distributed among other States (except States for which funds for that fiscal year have been withheld or withdrawn under the preceding proviso) in the same manner as funds distributed for that fiscal year under the second proviso under this paragraph in this Act, except that the ratio shall be adjusted to exclude States for which funds for that fiscal year have been withheld or withdrawn under the preceding proviso: Provided further, That funds distributed under the preceding proviso shall only be available to carry out this paragraph in this Act: Provided further, That funds made available under this paragraph in this Act may be used to contract with a private entity for acquisition and installation of publicly accessible electric vehicle charging infrastructure and the private entity may pay the non-Federal share of the cost of a project funded under this paragraph: Provided further, That funds made available under this paragraph in this Act shall be for projects directly related to the charging of a vehicle and only for electric vehicle charging infrastructure that is open to the general public or to authorized commercial motor vehicle operators from more than one company: Provided further, That any electric vehicle charging infrastructure acquired or installed with funds made available under this paragraph in this Act shall be located along a designated alternative fuel corridor: Provided further, That no later than 90 days after the date of enactment of this Act, the Secretary of Transportation, in coordination with the Secretary of Energy, shall develop guidance for States and localities to strategically deploy electric vehicle charging infrastructure, consistent with this paragraph in this Act: Provided further, That the Secretary of Transportation, in coordination with the Secretary of Energy, shall consider the following in developing the guidance described in the preceding proviso: (1) the distance between publicly available electric vehicle charging infrastructure; (2) connections to the electric grid, including electric distribution upgrades; vehicle-to-grid integration, including smart charge management or other protocols that can minimize impacts to the grid; alignment with electric distribution interconnection processes, and plans for the use of renewable energy sources to power charging and energy storage; (3) the proximity of existing off-highway travel centers, fuel retailers, and small businesses to electric vehicle charging infrastructure acquired or funded under this paragraph in this Act; (4) the need for publicly available electric vehicle charging infrastructure in rural corridors and underserved or disadvantaged communities; (5) the long-term operation and maintenance of publicly available electric vehicle charging infrastructure to avoid stranded assets and protect the investment of public funds in that infrastructure; (6) existing private, national, State, local, Tribal, and territorial government electric vehicle charging infrastructure programs and incentives; (7) fostering enhanced, coordinated, public-private or private investment in electric vehicle charging infrastructure; (8) meeting current and anticipated market demands for electric vehicle charging infrastructure, including with regard to power levels and charging speed, and minimizing the time to charge current and anticipated vehicles; and (9) any other factors, as determined by the Secretary: Provided further, That if a State determines, and the Secretary certifies, that the designated alternative fuel corridors in the States are fully built out, then the State may use funds provided under this paragraph for electric vehicle charging infrastructure on any public road or in other publically accessible locations, such as parking facilities at public buildings, public schools, and public parks, or in publically accessible parking facilities owned or managed by a private entity: Provided further, That subject to the minimum standards and requirements established under the following proviso, funds made available under this paragraph in this Act may be used for: (1) the acquisition or installation of electric vehicle charging infrastructure; (2) operating assistance for costs allocable to operating and maintaining electric vehicle charging infrastructure acquired or installed under this paragraph in this Act, for a period not to exceed five years; (3) the acquisition or installation of traffic control devices located in the right-of-way to provide directional information to electric vehicle charging infrastructure acquired, installed, or operated under this paragraph in this Act; (4) on-premises signs to provide information about electric vehicle charging infrastructure acquired, installed, or operated under this paragraph in this Act; (5) development phase activities relating to the acquisition or installation of electric vehicle charging infrastructure, as determined by the Secretary; or (6) mapping and analysis activities to evaluate, in an area in the United States designated by the eligible entity, the locations of current and future electric vehicle owners, to forecast commuting and travel patterns of electric vehicles and the quantity of electricity required to serve electric vehicle charging stations, to estimate the concentrations of electric vehicle charging stations to meet the needs of current and future electric vehicle drivers, to estimate future needs for electric vehicle charging stations to support the adoption and use of electric vehicles in shared mobility solutions, such as micro-transit and transportation network companies, and to develop an analytical model to allow a city, county, or other political subdivision of a State or a local agency to compare and evaluate different adoption and use scenarios for electric vehicles and electric vehicle charging stations: Provided further, That not later than 180 days after the date of enactment of this Act, the Secretary of Transportation, in coordination with the Secretary of Energy and in consultation with relevant stakeholders, shall, as appropriate, develop minimum standards and requirements related to: (1) the installation, operation, or maintenance by qualified technicians of electric vehicle charging infrastructure under this paragraph in this Act; (2) the interoperability of electric vehicle charging infrastructure under this paragraph in this Act; (3) any traffic control device or on-premises sign acquired, installed, or operated under this paragraph in this Act; (4) any data requested by the Secretary related to a project funded under this paragraph in this Act, including the format and schedule for the submission of such data; (5) network connectivity of electric vehicle charging infrastructure; and (6) information on publicly available electric vehicle charging infrastructure locations, pricing, real-time availability, and accessibility through mapping applications: Provided further, That not later than 1 year after the date of enactment of this Act, the Secretary shall designate national electric vehicle charging corridors that identify the near- and long-term need for, and the location of, electric vehicle charging infrastructure to support freight and goods movement at strategic locations along major national highways, the National Highway Freight Network established under section 167 of title 23, United States Code, and goods movement locations including ports, intermodal centers, and warehousing locations: Provided further, That the report issued under section 151(e) of title 23, United States Code, shall include a description of efforts to achieve strategic deployment of electric vehicle charging infrastructure in electric vehicle charging corridors, including progress on the implementation of the Program under this paragraph in this Act: Provided further, That, for fiscal year 2022, before distributing funds made available under this paragraph in this Act to States, the Secretary shall set aside from funds made available under this paragraph in this Act to carry out this paragraph in this Act not more than $300,000,000, which may be transferred to the Joint Office described in the twenty-fourth proviso of this paragraph in this Act, to establish such Joint Office and carry out its duties under this paragraph in this Act: Provided further, That, for each of fiscal years 2022 through 2026, after setting aside funds under the preceding proviso, and before distributing funds made available under this paragraph in this Act to States, the Secretary shall set aside from funds made available under this paragraph in this Act for such fiscal year to carry out this paragraph in this Act 10 percent for grants to States or localities that require additional assistance to strategically deploy electric vehicle charging infrastructure: Provided further, That not later than 1 year after the date of enactment of this Act, the Secretary shall establish a grant program to administer to States or localities the amounts set aside under the preceding proviso: Provided further, That, except as otherwise specified under this paragraph in this Act, funds made available under this paragraph in this Act, other than funds transferred under the nineteenth proviso of this paragraph in this Act to the Joint Office, shall be administered as if apportioned under chapter 1 of title 23, United States Code: Provided further, That funds made available under this paragraph in this Act shall not be transferable under section 126 of title 23, United States Code: Provided further, That there is established a Joint Office of Energy and Transportation (referred to in this paragraph in this Act as the “Joint Office”) in the Department of Transportation and the Department of Energy to study, plan, coordinate, and implement issues of joint concern between the two agencies, which shall include: (1) technical assistance related to the deployment, operation, and maintenance of zero emission vehicle charging and refueling infrastructure, renewable energy generation, vehicle-to-grid integration, including microgrids, and related programs and policies; (2) data sharing of installation, maintenance, and utilization in order to continue to inform the network build out of zero emission vehicle charging and refueling infrastructure; (3) performance of a national and regionalized study of zero emission vehicle charging and refueling infrastructure needs and deployment factors, to support grants for community resilience and electric vehicle integration; (4) development and deployment of training and certification programs; (5) establishment and implementation of a program to promote renewable energy generation, storage, and grid integration, including microgrids, in transportation rights-of-way; (6) studying, planning, and funding for high-voltage distributed current infrastructure in the rights-of way of the Interstate System and for constructing high-voltage and or medium-voltage transmission pilots in the rights-of-way of the Interstate System; (7) research, strategies, and actions under the Departments’ statutory authorities to reduce transportation-related emissions and mitigate the effects of climate change; (8) development of a streamlined utility accommodations policy for high-voltage and medium-voltage transmission in the transportation right-of-way; and (9) any other issues that the Secretary of Transportation and the Secretary of Energy identify as issues of joint interest: Provided further, That the Joint Office of Energy and Transportation shall establish and maintain a public database, accessible on both Department of Transportation and Department of Energy websites, that includes: (1) information maintained on the Alternative Fuel Data Center by the Office of Energy Efficiency and Renewable Energy of the Department of Energy with respect to the locations of electric vehicle charging stations; (2) potential locations for electric vehicle charging stations identified by eligible entities through the program; and (3) the ability to sort generated results by various characteristics with respect to electric vehicle charging stations, including location, in terms of the State, city, or county; status (operational, under construction, or planned); and charging type, in terms of Level 2 charging equipment or Direct Current Fast Charging Equipment: Provided further, That the Secretary of Transportation and the Secretary of Energy shall cooperatively administer the Joint Office consistent with this paragraph in this Act: Provided further, That the Secretary of Transportation and the Secretary of Energy may transfer funds between the Department of Transportation and the Department of Energy from funds provided under this paragraph in this Act to establish the Joint Office and to carry out its duties under this paragraph in this Act and any such funds or portions thereof transferred to the Joint Office may be transferred back to and merged with this account: Provided further, That the Secretary of Transportation and the Secretary of Energy shall notify the House and Senate Committees on Appropriations not less than 15 days prior to transferring any funds under the previous proviso: Provided further, That for the purposes of funds made available under this paragraph in this Act: (1) the term “State” has the meaning given such term in section 101 of title 23, United States Code; and (2) the term “Federal-aid highway” means a public highway eligible for assistance under chapter 1 of title 23, United States Code, other than a highway functionally classified as a local road or rural minor collector: Provided further, That, of the funds made available in this division or division A of this Act for the Federal lands transportation program under section 203 of title 23, United States Code, not less than $7,000,000 shall be made available for each Federal agency otherwise eligible to compete for amounts made available under that section for each of fiscal years 2022 through 2026;
(3) $3,200,000,000 shall be to carry out the Nationally Significant Freight and Highway Projects program under section 117 of title 23, United States Code;
(4) $9,235,000,000 shall be to carry out the Bridge Investment Program under section 124 of title 23, United States Code: Provided, That, of the funds made available under this paragraph in this Act for a fiscal year, $20,000,000 shall be set aside to carry out section 202(d) of title 23, United States Code: Provided further, That, of the funds made available under this paragraph in this Act for a fiscal year, $20,000,000 shall be set aside to provide grants for planning, feasibility analysis, and revenue forecasting associated with the development of a project that would subsequently be eligible to apply for assistance under this paragraph: Provided further, That funds set aside under the first proviso of this paragraph in this Act to carry out section 202(d) of such title shall be in addition to funds otherwise made available to carry out such section and shall be administered as if made available under such section: Provided further, That for funds set aside under the first proviso of this paragraph in this Act to carry out section 202(d) of title 23, United States Code, the Federal share of the costs shall be 100 percent;
(5) $150,000,000 shall be to carry out the Reduction of Truck Emissions at Port Facilities Program under section 11402 of division A of this Act: Provided, That, except as otherwise provided in section 11402 of division A of this Act, the funds made available under this paragraph in this Act shall be administered as if apportioned under chapter 1 of title 23, United States Code;
(6) $95,000,000, to remain available until expended for amounts made available for each of fiscal years 2022 through 2026, shall be to carry out the University Transportation Centers Program under section 5505 of title 49, United States Code;
(7) $500,000,000, to remain available until expended for amounts made available for each of fiscal years 2022 through 2026, shall be to carry out the Reconnecting Communities Pilot Program (referred to under this paragraph in this Act as the “pilot program”) under section 11509 of division A of this Act, of which $100,000,000 shall be for planning grants under section 11509(c) of division A of this Act and of which $400,000,000 shall be available for capital construction grants under section 11509(d) of division A of this Act: Provided, That of the amounts made available under this paragraph in this Act for section 11509(c) of division A of this Act, the Secretary may use not more than $15,000,000 during the period of fiscal years 2022 through 2026 to provide technical assistance under section 11509(c)(3) of division A of this Act: Provided further, That, except as otherwise provided in section 11509 of division A of this Act, amounts made available under this paragraph in this Act shall be administered as if made available under chapter 1 of title 23, United States Code;
(8) $342,000,000, to remain available until expended for amounts made available for each of fiscal years 2022 through 2026, shall be to carry out the Construction of Ferry Boats and Ferry Terminal Facilities program under section 147 of title 23, United States Code: Provided, That amounts made available under this paragraph in this Act shall be administered as if made available under section 147 of title 23, United States Code; and
(9) $1,250,000,000, to remain available until expended for amounts made available for each of fiscal years 2022 through 2026, shall be for construction of the Appalachian Development Highway System as authorized under section 1069(y) of Public Law 102–240: Provided, That, for the purposes of funds made available under this paragraph in this Act for construction of the Appalachian Development Highway System, the term “Appalachian State” means a State that contains 1 or more counties (including any political subdivision located within the area) in the Appalachian region, as defined in section 14102(a) of title 40, United States Code: Provided further, That a project carried out with funds made available under this paragraph in this Act for construction of the Appalachian Development Highway System shall be made available for obligation in the same manner as if apportioned under chapter 1 of title 23, United States Code, except that: (1) the Federal share of the cost of any project carried out with those amounts shall be determined in accordance with section 14501 of title 40, United States Code; and (2) the amounts shall be available to construct highways and access roads under section 14501 of title 40, United States Code: Provided further, That, subject to the following two provisos, in consultation with the Appalachian Regional Commission, the funds made available under this paragraph in this Act for construction of the Appalachian Development Highway System shall be apportioned to Appalachian States according to the percentages derived from the 2021 Appalachian Development Highway System Cost-to-Complete Estimate, dated March 2021, and confirmed as each Appalachian State’s relative share of the estimated remaining need to complete the Appalachian Development Highway System, adjusted to exclude those corridors that such States have no current plans to complete, as reported in the 2013 Appalachian Development Highway System Completion Report, unless those States have modified and assigned a higher priority for completion of an Appalachian Development Highway System corridor, as reported in the 2020 Appalachian Development Highway System Future Outlook: Provided further, That the Secretary shall adjust apportionments made under the third proviso in this paragraph in this Act so that no Appalachian State shall be apportioned an amount in excess of 30 percent of the amount made available for construction of the Appalachian Development Highway System under this heading: Provided further, That the Secretary shall adjust apportionments made under the third proviso in this paragraph in this Act so that: (1) each State shall be apportioned an amount not less than $10,000,000 for each of fiscal years 2022 through 2026; and (2) notwithstanding paragraph (1) of this proviso, a State shall not receive an apportionment that exceeds the remaining funds needed to complete the Appalachian development highway corridor or corridors in the State, as identified in the latest available cost to complete estimate for the system prepared by the Appalachian Regional Commission: Provided further, That the Federal share of the cost of any project carried out with funds made available under this paragraph in this Act shall be up to 100 percent, as determined by the State:
Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985.
Federal Motor Carrier Safety Administration
motor carrier safety operations and program
For an additional amount for “Motor Carrier Safety Operations and Program”, $50,000,000, to remain available until September 30, 2029, to carry out motor carrier safety operations and programs pursuant to section 31110 of title 49, United States Code, in addition to amounts otherwise provided for such purpose: Provided, That $10,000,000, to remain available until September 30, 2025, shall be made available for fiscal year 2022, $10,000,000, to remain available until September 30, 2026, shall be made available for fiscal year 2023, $10,000,000, to remain available until September 30, 2027, shall be made available for fiscal year 2024, $10,000,000, to remain available until September 30, 2028, shall be made available for fiscal year 2025, and $10,000,000, to remain available until September 30, 2029, shall be made available for fiscal year 2026: Provided further, That amounts made available under this heading in this Act shall be derived from the general fund of the Treasury, shall be in addition to any other amounts made available for such purpose, and shall not affect the distribution or amount of funds provided in any Act making annual appropriations: Provided further, That obligations of funds under this heading in this Act shall not be subject to any limitations on obligations provided in any Act making annual appropriations: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and pursuant to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985.
motor carrier safety grants
For an additional amount for “Motor Carrier Safety Grants”, $622,500,000, to remain available until September 30, 2029, to carry out sections 31102, 31103, 31104, and 31313 of title 49, United States Code, in addition to amounts otherwise provided for such purpose: Provided, That $124,500,000, to remain available until September 30, 2025, shall be made available for fiscal year 2022, $124,500,000, to remain available until September 30, 2026, shall be made available for fiscal year 2023, $124,500,000, to remain available until September 30, 2027, shall be made available for fiscal year 2024, $124,500,000, to remain available until September 30, 2028, shall be made available for fiscal year 2025, and $124,500,000, to remain available until September 30, 2029, shall be made available for fiscal year 2026: Provided further, That, of the amounts provided under this heading in this Act, the following amounts shall be available for the following purposes in equal amounts for each of fiscal years 2022 through 2026—
Provided further, That amounts made available under this heading in this Act shall be derived from the general fund of the Treasury, shall be in addition to any other amounts made available for such purpose, and shall not affect the distribution or amount of funds provided in any Act making annual appropriations: Provided further, That obligations of funds under this heading in this Act shall not be subject to any limitations on obligations provided in any Act making annual appropriations: Provided further, That up to 1.5 percent of the amounts made available under this heading in this Act in each fiscal year shall be for oversight and administration: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and pursuant to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985.
National Highway Traffic Safety Administration
crash data
(including transfer of funds)
For an additional amount for “Crash Data”, $750,000,000, to remain available until September 30, 2029, to carry out section 24108 of division B of this Act: Provided, That $150,000,000, to remain available until September 30, 2025, shall be made available for fiscal year 2022, $150,000,000, to remain available until September 30, 2026, shall be made available for fiscal year 2023, $150,000,000, to remain available until September 30, 2027, shall be made available for fiscal year 2024, $150,000,000, to remain available until September 30, 2028, shall be made available for fiscal year 2025, and $150,000,000, to remain available until September 30, 2029, shall be made available for fiscal year 2026: Provided further, That up to 3 percent of the amounts made available under this heading in this Act in each of fiscal years 2022 through 2026 shall be for salaries and expenses, administration, and oversight, and shall be transferred and merged with the appropriations under the heading “Operations and Research”: Provided further, That not later than 90 days after the date of enactment of this Act, the Secretary of Transportation shall submit to the House and Senate Committees on Appropriations a funding allocation plan for fiscal year 2022: Provided further, That for each fiscal year through 2026, as part of the annual budget submission of the President under section 1105(a) of title 31, United States Code, the Secretary of Transportation shall submit a funding allocation plan for funding that will be made available under this heading in the upcoming fiscal year: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and pursuant to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985.
vehicle safety and behavioral research programs
(including transfer of funds)
For an additional amount for “Vehicle Safety and Behavioral Research Programs”, $548,500,000, to remain available until September 30, 2029, to carry out the provisions of section 403 of title 23, United States Code, including behavioral research on Automated Systems and Advanced Driver Assistance Systems and improving consumer responses to safety recalls, and chapter 303 of title 49, United States Code, in addition to amounts otherwise provided for such purpose: Provided, That $109,700,000, to remain available until September 30, 2025, shall be made available for fiscal year 2022, $109,700,000, to remain available until September 30, 2026, shall be made available for fiscal year 2023, $109,700,000, to remain available until September 30, 2027, shall be made available for fiscal year 2024, $109,700,000, to remain available until September 30, 2028, shall be made available for fiscal year 2025, and $109,700,000 to remain available until September 30, 2029, shall be made available for fiscal year 2026: Provided further, That amounts made available under this heading in this Act shall be derived from the general fund of the Treasury: Provided further, That obligations of funds under this heading in this Act shall not be subject to any limitations on obligations provided in any Act making annual appropriations: Provided further, That of the amounts made available under this heading in this Act, up to $350,000,000 may be transferred to “Operations and Research” to carry out traffic and highway safety authorized under chapter 301 and part C of subtitle VI of title 49, United States Code: Provided further, That not later than 90 days after the date of enactment of this Act, the Secretary of Transportation shall submit to the House and Senate Committees on Appropriations a funding allocation for fiscal year 2022: Provided further, That for each fiscal year through 2026, as part of the annual budget submission of the President under section 1105(a) of title 31, United States Code, the Secretary of Transportation shall submit a funding allocation for funding that will be made available under this heading in the upcoming fiscal year: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and pursuant to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985.
supplemental highway traffic safety programs
For an additional amount for “Supplemental Highway Traffic Safety Programs”, $310,000,000, to remain available until September 30, 2029, to carry out sections 402 and 405 of title 23, United States Code, and section 24101(a)(5) of division B of this Act: Provided, That $62,000,000, to remain available until September 30, 2025, shall be made available for fiscal year 2022, $62,000,000, to remain available until September 30, 2026, shall be made available for fiscal year 2023, $62,000,000, to remain available until September 30, 2027, shall be made available for fiscal year 2024, $62,000,000, to remain available until September 30, 2028, shall be made available for fiscal year 2025, and $62,000,000 to remain available until September 30, 2029, shall be made available for fiscal year 2026: Provided further, That amounts made available under this heading in this Act shall be derived from the general fund of the Treasury: Provided further, That obligations of funds under this heading in this Act shall not be subject to any limitations on obligations provided in any Act making annual appropriations: Provided further, That, of the amounts provided under this heading in this Act, the following amounts shall be for the following purposes in equal amounts for each of fiscal years 2022 through 2026:
(1) $100,000,000 shall be for highway safety programs under section 402 of title 23, United States Code;
(2) $110,000,000 shall be for national priority safety programs under section 405 of title 23, United States Code; and
(3) $100,000,000 shall be for administrative expenses under section 24101(a)(5) of division B of this Act:
Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and pursuant to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985.
Federal Railroad Administration
consolidated rail infrastructure and safety improvements
For an additional amount for “Consolidated Rail Infrastructure and Safety Improvements”, $5,000,000,000, to remain available until expended, for competitive grants, as authorized under section 22907 of title 49, United States Code: Provided, That $1,000,000,000, to remain available until expended, shall be made available for fiscal year 2022, $1,000,000,000, to remain available until expended, shall be made available for fiscal year 2023, $1,000,000,000, to remain available until expended, shall be made available for fiscal year 2024, $1,000,000,000, to remain available until expended, shall be made available for fiscal year 2025, and $1,000,000,000, to remain available until expended, shall be made available for fiscal year 2026: Provided further, That the Secretary may withhold up to 2 percent of the amounts provided under this heading in this Act in each fiscal year for the costs of award and project management oversight of grants carried out under section 22907 of title 49, United States Code: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985.
northeast corridor grants to the national railroad passenger corporation
(including transfer of funds)
For an additional amount for “Northeast Corridor Grants to the National Railroad Passenger Corporation”, $6,000,000,000, to remain available until expended, for activities associated with the Northeast Corridor, as authorized by section 22101(a) of division B of this Act: Provided, That $1,200,000,000, to remain available until expended, shall be made available for fiscal year 2022, $1,200,000,000, to remain available until expended, shall be made available for fiscal year 2023, $1,200,000,000, to remain available until expended, shall be made available for fiscal year 2024, $1,200,000,000, to remain available until expended, shall be made available for fiscal year 2025, and $1,200,000,000, to remain available until expended, shall be made available for fiscal year 2026: Provided further, That the amounts made available under this heading in this Act shall be made available for capital projects for the purpose of eliminating the backlog of obsolete assets and Amtrak’s deferred maintenance backlog of rolling stock, facilities, stations, and infrastructure: Provided further, That amounts made available under this heading in this Act shall be made available for the following capital projects—
(1) acquiring new passenger rolling stock for the replacement of single-level passenger cars used in Amtrak’s Northeast Corridor services, and associated rehabilitation, upgrade, and expansion of facilities used to maintain and store such equipment;
(3) eliminating the backlog of deferred capital work on sole-benefit Amtrak-owned assets located on the Northeast Corridor; or
Provided further, That not later than 180 days after the date of enactment of this Act, the Secretary of Transportation shall submit to the House and Senate Committees on Appropriations a detailed spend plan, including a list of project locations under the preceding proviso to be funded for fiscal year 2022: Provided further, That for each fiscal year through 2026, as part of the annual budget submission of the President under section 1105(a) of title 31, United States Code, the Secretary of Transportation shall submit a detailed spend plan for that fiscal year, including a list of project locations under the third proviso: Provided further, That amounts made available under this heading in this Act shall be in addition to other amounts made available for such purposes, including to enable the Secretary of Transportation to make or amend existing grants to Amtrak for activities associated with the Northeast Corridor, as authorized by section 22101(a) of division B of this Act: Provided further, That amounts made available under this heading in this Act may be used by Amtrak to fund, in whole or in part, the capital costs of Northeast Corridor capital renewal backlog projects, including the costs of joint public transportation and intercity passenger rail capital projects, notwithstanding the limitations in section 24319(g) and section 24905(c) of title 49, United States Code: Provided further, That notwithstanding section 24911(f) of title 49, United States Code, amounts made available under this heading in this Act may be used as non-Federal share for Northeast Corridor projects selected for award under such section after the date of enactment of this Act: Provided further, That the Secretary may retain up to one half of 1 percent of the amounts made available under both this heading in this Act and the ‘National Network Grants to the National Railroad Passenger Corporation’ heading in this Act to fund the costs of oversight of Amtrak, as authorized by section 22101(c) of division B of this Act: Provided further, That in addition to the oversight funds authorized under section 22101(c) of division B of this Act, the Secretary may retain up to $5,000,000 of the funds made available under this heading in this Act for each fiscal year for the Northeast Corridor Commission established under section 24905 of title 49, United States Code, to facilitate a coordinated and efficient delivery of projects carried out under this heading in this Act: Provided further, That amounts made available under this heading in this Act may be transferred to and merged with amounts made available under the heading ‘National Network Grants to the National Railroad Passenger Corporation’ in this Act for the purposes authorized under that heading: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985.
national network grants to the national railroad passenger corporation
(including transfer of funds)
For an additional amount for “National Network Grants to the National Railroad Passenger Corporation”, $16,000,000,000, to remain available until expended, for activities associated with the National Network, as authorized by section 22101(b) of division B of this Act: Provided, That $3,200,000,000, to remain available until expended, shall be made available for fiscal year 2022, $3,200,000,000, to remain available until expended, shall be made available for fiscal year 2023, $3,200,000,000, to remain available until expended, shall be made available for fiscal year 2024, $3,200,000,000, to remain available until expended, shall be made available for fiscal year 2025, and $3,200,000,000, to remain available until expended, shall be made available for fiscal year 2026: Provided further, That amounts made available under this heading in this Act shall be made available for capital projects for the purpose of eliminating Amtrak’s deferred maintenance backlog of rolling stock, facilities, stations and infrastructure, including—
(1) acquiring new passenger rolling stock to replace obsolete passenger equipment used in Amtrak’s long-distance and state-supported services, and associated rehabilitation, upgrade, or expansion of facilities used to maintain and store such equipment;
(3) eliminating the backlog of deferred capital work on Amtrak-owned railroad assets not located on the Northeast Corridor; and
(4) projects to eliminate the backlog of obsolete assets associated with Amtrak’s national rail passenger transportation system, such as systems for reservations, security, training centers, and technology:
Provided further, That not later than 180 days after the date of enactment of this Act, the Secretary of Transportation shall submit to the House and Senate Committees on Appropriations a detailed spend plan, including a list of project locations under the preceding proviso to be funded for fiscal year 2022: Provided further, That for each fiscal year through 2026, as part of the annual budget submission of the President under section 1105(a) of title 31, United States Code, the Secretary of Transportation shall submit a detailed spend plan for that fiscal year, including a list of project locations under the third proviso: Provided further, That of the amounts made available under this heading in this Act, and in addition to amounts made available for similar purposes under this heading in prior Acts, Amtrak shall use such amounts as necessary for the replacement of single-level passenger cars and associated rehabilitation, upgrade, and expansion of facilities used to maintain and store such passenger cars, and such amounts shall be for its direct costs and in lieu of payments from States for such purposes, notwithstanding section 209 of the Passenger Rail Investment and Improvement Act of 2008 (Public Law 110–432), as amended: Provided further, That amounts made available under this heading in this Act shall be in addition to other amounts made available for such purposes, including to enable the Secretary of Transportation to make or amend existing grants to Amtrak for activities associated with the National Network, as authorized by section 22101(b) of division B of this Act: Provided further, That in addition to the oversight funds authorized under section 22101(c) of division B of this Act, the Secretary may retain up to $3,000,000 of the funds made available under this heading in this Act for each fiscal year for the State-Supported Route Committee established under section 24712(a) of title 49, United States Code: Provided further, That of the funds made available under this heading in this Act, the Secretary may retain up to $3,000,000 for each fiscal year for interstate rail compact grants, as authorized by section 22910 of title 49, United States Code: Provided further, That of the funds made available under this heading in this Act, not less than $50,000,000 for each fiscal year shall be used to make grants, as authorized under section 22908 of title 49 United States Code consistent with the requirements of that section: Provided further, That of the amounts made available under this heading in this Act, such sums as are necessary, shall be available for purposes authorized in section 22214 of division B of this Act: Provided further, That amounts made available under this heading in this Act may be transferred to and merged with amounts made available under the heading ‘Northeast Corridor Grants to the National Railroad Passenger Corporation’ in this Act for the purposes authorized under that heading: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985.
railroad crossing elimination program
For an additional amount for “Railroad Crossing Elimination Program”, $3,000,000,000, to remain available until expended, for competitive grants, as authorized under section 22909 of title 49, United States Code: Provided, That $600,000,000, to remain available until expended, shall be made available for fiscal year 2022, $600,000,000, to remain available until expended, shall be made available for fiscal year 2023, $600,000,000, to remain available until expended, shall be made available for fiscal year 2024, $600,000,000, to remain available until expended, shall be made available for fiscal year 2025, and $600,000,000, to remain available until expended, shall be made available for fiscal year 2026: Provided further, That the Secretary may withhold up to 2 percent of the amounts provided under this heading in this Act for the costs of award and project management oversight of grants carried out under section 22909 of title 49, United States Code: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985.
federal-state partnership for intercity passenger rail grants
For an additional amount for “Federal-State Partnership for Intercity Passenger Rail Grants”, $36,000,000,000, to remain available until expended, for grants, as authorized section 24911 of title 49, United States Code: Provided, That $7,200,000,000, to remain available until expended, shall be made available for fiscal year 2022, $7,200,000,000, to remain available until expended, shall be made available for fiscal year 2023, $7,200,000,000, to remain available until expended, shall be made available for fiscal year 2024, $7,200,000,000, to remain available until expended, shall be made available for fiscal year 2025, and $7,200,000,000, to remain available until expended, shall be made available for fiscal year 2026: Provided further, That, notwithstanding subsection 24911(d)(3) of title 49, United States Code, not more than $24,000,000,000 of the amounts made available under this heading in this Act for fiscal years 2022 through 2026 shall be for projects for the Northeast Corridor: Provided further, That amounts made available under the heading “Northeast Corridor Grants to the National Railroad Passenger Corporation” in this Act may be used as non-Federal share for Northeast Corridor projects selected for award under section 24911 of title 49, United States Code, after the date of enactment of this Act, notwithstanding subsection 24911(f) of such title: Provided further, That the Secretary may withhold up to 2 percent of the amount provided under this heading in this Act in each fiscal year for the costs of award and project management oversight of grants carried out under section 24911 of title 49, United States Code: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985.
administrative provisions—federal railroad administration
(including transfer of funds)
Sec. 802. Amounts made available to the Secretary of Transportation or to the Federal Railroad Administration in this title in this Act for the costs of award, administration, and project management oversight of financial assistance under the programs that are administered by the Federal Railroad Administration may be transferred to a “Financial Assistance Oversight and Technical Assistance” account, to remain available until expended, for the necessary expenses to support the award, administration, project management oversight, and technical assistance of programs administered by the Federal Railroad Administration under this Act: Provided, That one-quarter of one percent of the amounts transferred pursuant to the authority in this section in each of fiscal years 2022 through 2026 shall be transferred to the Office of Inspector General of the Department of Transportation for oversight of funding provided to the Department of Transportation in this title in this Act: Provided further, That one-quarter of one percent of the amounts transferred pursuant to the authority in this section in each of fiscal years 2022 through 2026 shall be transferred to the National Railroad Passenger Corporation Office of Inspector General for oversight of funding provided to the National Railroad Passenger Corporation in this title in this Act.
Federal Transit Administration
transit infrastructure grants
(including transfer of funds)
For an additional amount for “Transit Infrastructure Grants”, $10,250,000,000, to remain available until expended: Provided, That $2,050,000,000, to remain available until expended, shall be made available for fiscal year 2022, $2,050,000,000, to remain available until expended, shall be made available for fiscal year 2023, $2,050,000,000, to remain available until expended, shall be made available for fiscal year 2024, $2,050,000,000, to remain available until expended, shall be made available for fiscal year 2025, and $2,050,000,000, to remain available until expended, shall be made available for fiscal year 2026: Provided further, That the funds made available under this heading in this Act shall be derived from the general fund of the Treasury, shall be in addition to any other amounts made available for such purpose, and shall not affect the distribution of funds provided in any Act making annual appropriations: Provided further, That the funds made available under this heading in this Act shall not be subject to any limitation on obligations for the Federal Public Transportation Assistance Program set forth in any Act making annual appropriations: Provided further, That, of the amount provided under this heading in this Act, the following amounts shall be for the following purposes in equal amounts for each of fiscal years 2022 through 2026—
(1) $4,750,000,000 shall be to carry out the state of good repair grants under section 5337(c) and (d) of title 49, United States Code;
(2) $5,250,000,000 shall be to carry out the low or no emission grants under section 5339(c) of title 49, United States Code; and
(3) $250,000,000 shall be to carry out the formula grants for the enhanced mobility of seniors and individuals with disabilities as authorized under section 5310 of title 49, United States Code:
Provided further, That not more than two percent of the funds made available under this heading in this Act shall be available for administrative and oversight expenses as authorized under section 5334 and section 5338(c) of title 49, United States Code, and shall be in addition to any other appropriations for such purpose: Provided further, That one-half of one percent of the amounts in the preceding proviso shall be transferred to the Office of Inspector General of the Department of Transportation for oversight of funding provided to the Department of Transportation in this title in this Act: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985.
capital investment grants
(including transfer of funds)
For an additional amount for “Capital Investment Grants”, $8,000,000,000, to remain available until expended: Provided, That $1,600,000,000, to remain available until expended, shall be made available for fiscal year 2022, $1,600,000,000, to remain available until expended, shall be made available for fiscal year 2023, $1,600,000,000, to remain available until expended, shall be made available for fiscal year 2024, $1,600,000,000, to remain available until expended, shall be made available for fiscal year 2025, and $1,600,000,000, to remain available until expended, shall be made available for fiscal year 2026: Provided further, That not more than 55 percent of the funds made available under this heading in this Act in each fiscal year may be available for projects authorized under section 5309(d) of title 49, United States Code: Provided further, That not more than 20 percent of the funds made available under this heading in this Act in each fiscal year may be available for projects authorized under section 5309(e) of title 49, United States Code: Provided further, That not more than 15 percent of the funds made available under this heading in this Act in each fiscal year may be available for projects authorized under section 5309(h) of title 49, United States Code: Provided further, That not more than 10 percent of the funds made available under this heading in this Act in each fiscal year may be available for projects authorized under section 3005(b) of the Fixing America’s Surface Transportation Act: Provided further, That the Secretary may adjust the percentage limitations in any of the preceding four provisos by up to 5 percent in each fiscal year for which funds are made available under this heading in this Act only when there are unobligated carry over balances from funds provided for section 5309(d), section 5309(e), or section 5309(h) of title 49, United States Code, or section 3005(b) of the Fixing America’s Transportation Act that are equal to or greater than amounts provided under this heading in this Act: Provided further, That for each fiscal year through 2026, as part of the annual budget submission of the President under section 1105(a) of title 31, United States Code, the Secretary of Transportation shall submit a list of potential projects eligible for the funds made available under this heading in this Act for that fiscal year, including project locations and proposed funding amounts consistent with the projects Full Funding Grant Agreement annual funding profile where applicable: Provided further, That funds allocated to any project during fiscal years 2015 or 2017 pursuant to section 5309 of title 49, United States Code, shall remain allocated to that project through fiscal year 2023: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985.
all stations accessibility program
(including transfer of funds)
For an additional amount for “All Stations Accessibility Program”, $1,750,000,000, to remain available until expended, for the Secretary of Transportation to make competitive grants to assist eligible entities in financing capital projects to upgrade the accessibility of legacy rail fixed guideway public transportation systems for persons with disabilities, including those who use wheelchairs, by increasing the number of existing (as of the date of enactment of this Act) stations or facilities for passenger use that meet or exceed the new construction standards of title II of the Americans with Disabilities Act of 1990 (42 U.S.C. 12131 et seq.): Provided, That $350,000,000, to remain available until expended, shall be made available for fiscal year 2022, $350,000,000, to remain available until expended, shall be made available for fiscal year 2023, $350,000,000, to remain available until expended, shall be made available for fiscal year 2024, $350,000,000, to remain available until expended, shall be made available for fiscal year 2025, and $350,000,000, to remain available until expended, shall be made available for fiscal year 2026: Provided further, That the funds made available under this heading in this Act shall be derived from the general fund of the Treasury: Provided further, That eligible entities under this heading in this Act shall include a State or local government authority: Provided further, That an eligible entity may use a grant awarded under this heading in this Act: (1) for a project to repair, improve, modify, retrofit, or relocate infrastructure of stations or facilities for passenger use, including load-bearing members that are an essential part of the structural frame; or (2) to develop or modify a plan for pursuing public transportation accessibility projects, assessments of accessibility, or assessments of planned modifications to stations or facilities for passenger use: Provided further, That eligible entities are encouraged to consult with appropriate stakeholders and the surrounding community to ensure accessibility for individuals with disabilities, including accessibility for individuals with physical disabilities, including those who use wheelchairs, accessibility for individuals with sensory disabilities, and accessibility for individuals with intellectual or developmental disabilities: Provided further, That all projects shall at least meet the new construction standards of title II of the Americans with Disabilities Act of 1990: Provided further, That eligible costs for a project funded with a grant awarded under this heading in this Act shall be limited to the costs associated with carrying out the purpose described in the preceding proviso: Provided further, That an eligible entity may not use a grant awarded under this heading in this Act to upgrade a station or facility for passenger use that is accessible to and usable by individuals with disabilities, including individuals who use wheelchairs, consistent with current (as of the date of the upgrade) new construction standards under title II of the Americans with Disabilities Act of 1990 (42 U.S.C. 12131 et seq.): Provided further, That a grant for a project made with amounts made available under this heading in this Act shall be for 80 percent of the net project cost: Provided further, That the total Federal financial assistance available under chapter 53 of title 49, United States Code, for an eligible entity that receives a grant awarded under this heading in this Act may not exceed 80 percent: Provided further, That the recipient of a grant made with amounts made available under this heading in this Act may provide additional local matching amounts: Provided further, That not more than two percent of the funds made available under this heading in this Act shall be available for administrative and oversight expenses as authorized under section 5334 and section 5338(c) of title 49, United States Code, and shall be in addition to any other appropriations for such purpose: Provided further, That one-half of one percent of the of the amounts in the preceding proviso shall be transferred to the Office of Inspector General of the Department of Transportation for oversight of funding provided to the Department of Transportation in this title in this Act: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985.
electric or low-emitting ferry program
(including transfer of funds)
For competitive grants for electric or low-emitting ferry pilot program grants as authorized under section 71102 of division G of this Act, $250,000,000, to remain available until expended: Provided, That $50,000,000, to remain available until expended, shall be made available for fiscal year 2022, $50,000,000, to remain available until expended, shall be made available for fiscal year 2023, $50,000,000, to remain available until expended, shall be made available for fiscal year 2024, $50,000,000, to remain available until expended, shall be made available for fiscal year 2025, and $50,000,000, to remain available until expended, shall be made available for fiscal year 2026: Provided further, That amounts made available under this heading in this Act shall be derived from the general fund of the Treasury: Provided further, That the amounts made available under this heading in this Act shall not be subject to any limitation on obligations for transit programs set forth in any Act making annual appropriations: Provided further, That not more than two percent of the funds made available under this heading in this Act shall be available for administrative and oversight expenses as authorized under section 5334 and section 5338(c) of title 49, United States Code, and shall be in addition to any other appropriations for such purpose: Provided further, That one-half of one percent of the of the amounts in the preceding proviso shall be transferred to the Office of Inspector General of the Department of Transportation for oversight of funding provided to the Department of Transportation in this title in this Act: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985.
ferry service for rural communities
(including transfer of funds)
For competitive grants to States for eligible essential ferry service as authorized under section 71103 of division G of this Act, $1,000,000,000, to remain available until expended: Provided, That $200,000,000, to remain available until expended, shall be made available for fiscal year 2022, $200,000,000, to remain available until expended, shall be made available for fiscal year 2023, $200,000,000, to remain available until expended, shall be made available for fiscal year 2024, $200,000,000, to remain available until expended, shall be made available for fiscal year 2025, and $200,000,000, to remain available until expended, shall be made available for fiscal year 2026: Provided further, That amounts made available under this heading in this Act shall be derived from the general fund of the Treasury: Provided further, That amounts made available under this heading in this Act shall not be subject to any limitation on obligations for the Federal Public Transportation Assistance Program set forth in any Act making annual appropriations: Provided further, That not more than two percent of the funds made available under this heading in this Act shall be available for administrative and oversight expenses as authorized under section 5334 and section 5338(c) of title 49, United States Code, and shall be in addition to any other appropriations for such purpose: Provided further, That one-half of one percent of the amounts in the preceding proviso shall be transferred to the Office of Inspector General of the Department of Transportation for oversight of funding provided to the Department of Transportation in this title in this Act: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985.
Maritime Administration
operations and training
For an additional amount for “Operations and Training”, $25,000,000, to remain available until September 30, 2032, for the America's Marine Highway Program to make grants for the purposes authorized under sections 55601(b)(1) and (3) of title 46, United States Code: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985.
port infrastructure development program
For an additional amount for “Port Infrastructure Development Program”, $2,250,000,000, to remain available until September 30, 2036: Provided, That $450,000,000, to remain available until September 30, 2032, shall be made available for fiscal year 2022, $450,000,000, to remain available until September 30, 2033, shall be made available for fiscal year 2023, $450,000,000, to remain available until September 30, 2034, shall be made available for fiscal year 2024, $450,000,000, to remain available until September 30, 2035, shall be made available for fiscal year 2025, and $450,000,000, to remain available until September 30, 2036, shall be made available for fiscal year 2026: Provided further, That for the purposes of amounts made available under this heading in this Act and in prior Acts, and in addition to projects already eligible for awards under this heading, eligible projects, as defined under section 50302(c)(3) of title 46, United States Code, shall also include projects that improve the resiliency of ports to address sea-level rise, flooding, extreme weather events, earthquakes, and tsunami inundation, as well as projects that reduce or eliminate port-related criteria pollutant or greenhouse gas emissions, including projects for—
(8) Electric vehicle charge or hydrogen refueling infrastructure for drayage, and medium or heavy duty trucks and locomotives that service the port and related grid upgrades; or
(9) Other related to port activities including charging infrastructure, electric rubber-tired gantry cranes, and anti-idling technologies:
Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985.
Pipeline And Hazardous Materials Safety Administration
natural gas distribution infrastructure safety and modernization grant program
(including transfer of funds)
For an additional amount for “Natural Gas Distribution Infrastructure Safety and Modernization Grant Program”, $1,000,000,000, to remain available until expended for the Secretary of Transportation to make competitive grants for the modernization of natural gas distribution pipelines: Provided, That $200,000,000, to remain available until September 30, 2032, shall be made available for fiscal year 2022, $200,000,000, to remain available until September 30, 2033, shall be made available for fiscal year 2023, $200,000,000, to remain available until September 30, 2034, shall be made available for fiscal year 2024, $200,000,000, to remain available until September 30, 2035, shall be made available for fiscal year 2025, and $200,000,000, to remain available until September 30, 2036, shall be made available for fiscal year 2026: Provided further, That grants from funds made available under this heading in this Act shall be available to a municipality or community owned utility (not including for-profit entities) to repair, rehabilitate, or replace its natural gas distribution pipeline system or portions thereof or to acquire equipment to (1) reduce incidents and fatalities and (2) avoid economic losses: Provided further, That in making grants from funds made available under this heading in this Act, the Secretary shall establish procedures for awarding grants that take into consideration the following: (1) the risk profile of the existing pipeline system operated by the applicant, including the presence of pipe prone to leakage; (2) the potential of the project for creating jobs; (3) the potential for benefiting disadvantaged rural and urban communities; and (4) economic impact or growth: Provided further, That the Secretary shall not award more than 12.5 percent of the funds available under this heading to a single municipality or community-owned utility: Provided further, That the Secretary shall issue a notice of funding opportunity not later than 180 days after each date upon which funds are made available under the first proviso: Provided further, That the Secretary shall make awards not later than 270 days after issuing the notices of funding opportunity required under the preceding proviso: Provided further, That not more than 2 percent of the amounts made available in each fiscal year shall be available to pay the administrative costs of carrying out the grant program under this heading in this Act: Provided further, That one-half of one percent of the amounts transferred pursuant to the authority in this section in each of fiscal years 2022 through 2026 shall be transferred to the Office of Inspector General of the Department of Transportation for oversight of funding provided to the Department of Transportation in this Act: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985.
General Provision—department Of Transportation
Sec. 901. Each amount appropriated or made available by this division is in addition to amounts otherwise appropriated for the fiscal year involved.
Sec. 902. No part of any appropriation contained in this division shall remain available for obligation beyond the current fiscal year unless expressly so provided herein.
Sec. 903. Unless otherwise provided for by this division, the additional amounts appropriated by this division to appropriations accounts for a fiscal year shall be available under the authorities and conditions applicable to such appropriations accounts for that fiscal year.
Sec. 904. Any amount appropriated by this division, designated by the Congress as an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985, and transferred pursuant to transfer authorities provided by this division shall retain such designation.
budgetary effects
Sec. 905. (a) Statutory PAYGO scorecards.—The budgetary effects of this division and amounts rescinded in section 90007 of division I that were previously designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985 shall not be entered on either PAYGO scorecard maintained pursuant to section 4(d) of the Statutory Pay As-You-Go Act of 2010.
(b) Senate paygo scorecards.—The budgetary effects of this division and amounts rescinded in section 90007 of division I that were previously designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985 shall not be entered on any PAYGO scorecard maintained for purposes of section 4106 of H. Con. Res. 71 (115th Congress).
(c) Classification of budgetary effects.—Notwithstanding Rule 3 of the Budget Scorekeeping Guidelines set forth in the joint explanatory statement of the committee of conference accompanying Conference Report 105–217 and section 250(c)(7) and (c)(8) of the Balanced Budget and Emergency Deficit Control Act of 1985, the budgetary effects of this division and amounts rescinded in section 90007 of division I that were previously designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985 shall be estimated for purposes of section 251 of such Act and as appropriations for discretionary accounts for purposes of the allocation to the Committee on Appropriations pursuant to section 302(a) of the Congressional Budget Act of 1974 and section 4112 of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018.
This division may be cited as the “Minority Business Development Act of 2021”.
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).
(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
(C) a qualified opportunity zone, as that term is defined in section 1400Z–1 of the Internal Revenue Code of 1986; or
(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).
(8) MBDA BUSINESS CENTER AGREEMENT.—The term “MBDA Business Center agreement” means a legal instrument—
(9) MINORITY BUSINESS ENTERPRISE.—
(A) IN GENERAL.—The term “minority business enterprise” means a business enterprise—
(10) NATIVE ENTITY.—The term “Native entity” means—
(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);
(14) SOCIALLY OR ECONOMICALLY DISADVANTAGED BUSINESS CONCERN.—The term “socially or economically disadvantaged business concern” means a for-profit business enterprise—
(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.
(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—
(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).
(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—
(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—
(e) Offices of the Agency.—
(1) IN GENERAL.—In addition to the regional offices that the Under Secretary is required to establish under paragraph (2), the Under Secretary shall establish such other offices within the Agency as are necessary to carry out this division.
(2) REGIONAL OFFICES.—
(A) IN GENERAL.—In order to carry out this division, the Under Secretary shall establish a regional office of the Agency for each of the regions of the United States, as determined by the Under Secretary.
(B) DUTIES.—Each regional office established under subparagraph (A) shall expand the reach of the Agency and enable the Federal Government to better serve the needs of minority business enterprises in the region served by the office, including by—
(ii) working with—
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—
The Under Secretary shall, whenever the Under Secretary determines such action is necessary or appropriate—
(1) consult and cooperate with public sector entities for the purpose of leveraging resources available in the jurisdictions of those public sector entities to promote the position of minority business enterprises in the local economies of those public sector entities, including by assisting public sector entities to establish or enhance—
(A) programs to procure goods and services through minority business enterprises and goals for that procurement;
(a) In general.—In order to achieve the purposes of this division, the Under Secretary—
(1) shall—
(A) collect and analyze data, including data relating to the causes of the success or failure of minority business enterprises;
(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
(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
In this subtitle, the term “MBDA Business Center Program” means the program established under section ___113.
The purpose of the MBDA Business Center Program shall be to create a national network of public-private partnerships that—
(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—
(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;
(b) Term.—Subject to subsection (g)(3), the term of an MBDA Business Center agreement shall be not less than 3 years.
(c) Financial assistance.—
(1) IN GENERAL.—The amount of financial assistance provided by the Under Secretary under an MBDA Business Center agreement shall be not less than $250,000 for the term of the agreement.
(2) MATCHING REQUIREMENT.—
(A) IN GENERAL.—A Center shall match not less than 1⁄3 of the amount of the financial assistance awarded to the Center under the terms of the applicable MBDA Business Center agreement, unless the Under Secretary determines that a waiver of that requirement is necessary after a demonstration by the Center of a substantial need for that waiver.
(d) Criteria for selection.—The Under Secretary shall—
(1) establish criteria that—
(A) the Under Secretary shall use in determining whether to enter into an MBDA Business Center agreement with an eligible entity; and
(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—
(B) any experience or plans of the eligible entity with respect to—
(f) Notification.—If the Under Secretary grants an application of an eligible entity submitted under subsection (e), the Under Secretary shall notify the eligible entity that the application has been granted not later than 150 days after the last day on which an application may be submitted under that subsection.
(g) Program examination; accreditation; extensions.—
(1) EXAMINATION.—Not later than 180 days after the date of enactment of this Act, and biennially thereafter, the Under Secretary shall conduct a programmatic financial examination of each Center.
(2) ACCREDITATION.—The Under Secretary may provide financial support, by contract or otherwise, to an association, not less than 51 percent of the members of which are Centers, to—
(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—
(2) requiring that the operator and staff of each Center—
(3) facilitating connections between Centers and—
(B) other institutions or entities that use Federal resources, such as—
(i) small business development centers, as that term is defined in section 3(t) of the Small Business Act (15 U.S.C. 632(t));
(ii) women’s business centers described in section 29 of the Small Business Act (15 U.S.C. 656);
(iii) eligible entities, as that term is defined in section 2411 of title 10, United States Code, that provide services under the program carried out under chapter 142 of that title; and
(iv) entities participating in the Hollings Manufacturing Extension Partnership Program established under section 25 of the National Institute of Standards and Technology Act (15 U.S.C. 278k);
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.
In carrying out the MBDA Business Center Program, the Under Secretary shall widely publicize the MBDA Business Center Program, including—
(a) Responsibility of Agency.—Not later than 18 months after the date of enactment of this Act, and annually thereafter, the Under Secretary shall conduct a Government-business forum to review the current status of problems and programs relating to capital formation by minority business enterprises.
(b) Participation in forum planning.—The Under Secretary shall invite the heads of other Federal agencies, such as the Chairman of the Securities and Exchange Commission, the Secretary of the Treasury, and the Chairman of the Board of Governors of the Federal Reserve System, organizations representing State securities commissioners, representatives of leading minority chambers of commerce, not less than 1 certified owner of a minority business enterprise, business organizations, and professional organizations concerned with capital formation to participate in the planning of each forum conducted under subsection (a).
(c) Preparation of statements and reports.—
(d) Transmittal of proceedings and findings.—The Under Secretary shall—
(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.
(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—
(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—
(4) IMPLEMENTATION TIMELINE.—The Under Secretary shall establish and publish a timeline under which an eligible institution to which a grant is awarded under this section shall carry out the requirements under paragraph (3).
(5) REPORTS.—Each year, the Under Secretary shall submit to all applicable committees of Congress, and as part of the annual budget submission of the President under section 1105(a) of title 31, United States Code, a report evaluating the awarding and use of grants under this subsection during the fiscal year immediately preceding the fiscal year in which the report is submitted, which shall include, with respect to the fiscal year covered by the report—
In this title:
(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)).
(b) Partnership.—
(1) IN GENERAL.—With respect to an MBDA Rural Business Center established by the Under Secretary, the Under Secretary shall establish the MBDA Rural Business Center in partnership with an eligible entity in accordance with paragraph (2).
(2) MBDA AGREEMENT.—
(A) IN GENERAL.—With respect to each MBDA Rural Business Center established by the Under Secretary, the Under Secretary shall enter into a cooperative agreement with an eligible entity that provides that—
(i) the eligible entity shall provide space, facilities, and staffing for the MBDA Rural Business Center;
(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—
(c) Functions.—An MBDA Rural Business Center shall—
(2) focus on—
(A) issues relating to—
(i) the adoption of broadband internet access service (as defined in section 8.1(b) of title 47, Code of Federal Regulations, or any successor regulation), digital literacy skills, and e-commerce by rural minority business enterprises;
(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;
(d) Applications.—
(1) IN GENERAL.—Not later than 90 days after the date of enactment of this Act, the Under Secretary shall issue a Notice of Funding Opportunity requesting applications from eligible entities that desire to enter into MBDA Rural Business Center agreements.
(2) CRITERIA AND PRIORITY.—In selecting an eligible entity with which to enter into an MBDA Rural Business Center agreement, the Under Secretary shall—
(A) select an eligible entity that demonstrates—
(i) the ability to collaborate with governmental and private sector entities to leverage capabilities of minority business enterprises through public-private partnerships;
(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;
(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;
(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.).
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—
(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.
(a) Definition.—In this section, the term “covered entity” means a private nonprofit organization that—
(1) is described in paragraph (3), (4), (5), or (6) of section 501(c) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code; and
(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.—
(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
(h) Inspector General audit.—Not later than 180 days after the date on which the Under Secretary begins making grants under this section, the Inspector General of the Department of Commerce shall—
(i) Updates to Congress.—Not later than 90 days after the date on which the Under Secretary makes the designation required under subsection (c), and once every 30 days thereafter, the Under Secretary shall submit to Congress a report that contains—
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.
(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.
(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;
(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.
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.
The Under Secretary shall—
(1) consult with other Federal agencies and departments as appropriate to—
(A) develop policies, comprehensive plans, and specific program goals for the programs carried out under subtitle B of title I and title III;
(a) In general.—In carrying out this division, the Under Secretary may—
(2) hold hearings, sit and act, and take testimony as the Under Secretary may determine to be necessary or appropriate to carry out this division;
(3) acquire, in any lawful manner, any property that the Under Secretary determines to be necessary or appropriate to carry out this division;
(4) with the consent of another Federal agency, enter into an agreement with that Federal agency to utilize, with or without reimbursement, any service, equipment, personnel, or facility of that Federal agency;
(5) coordinate with the heads of the Offices of Small and Disadvantaged Business Utilization of Federal agencies;
(6) develop procedures under which the Under Secretary may evaluate the compliance of a recipient of assistance under this Act with the requirements of this Act;
(7) deobligate assistance provided under this Act to a recipient that has demonstrated an insufficient level of performance with respect to the assistance, or has engaged in wasteful or fraudulent spending; and
(8) provide that a recipient of assistance under this Act that has demonstrated an insufficient level of performance with respect to the assistance, or has engaged in wasteful or fraudulent spending, shall be ineligible to receive assistance under this Act for a period determined by the Under Secretary, consistent with the considerations under section 180.865 of title 2, Code of Federal Regulations (or any successor regulation), beginning on the date on which the Under Secretary makes the applicable finding.
(b) Use of property.—
(1) IN GENERAL.—Subject to paragraph (2), in carrying out this division, the Under Secretary may, without cost (except for costs of care and handling), allow any public sector entity, or any recipient nonprofit organization, for the purpose of the development of minority business enterprises, to use any real or tangible personal property acquired by the Agency in carrying out this division.
(a) In general.—
(1) PROVISION OF FEDERAL ASSISTANCE.—To carry out sections ___101, ___102, and ___103(a), the Under Secretary may provide Federal assistance to public sector entities and private sector entities in the form of grants or cooperative agreements.
(2) NOTICE.—Not later than 120 days after the date on which amounts are appropriated to carry out this section, the Under Secretary shall, in accordance with subsection (b), broadly publish a statement regarding Federal assistance that will, or may, be provided under paragraph (1) during the fiscal year for which those amounts are appropriated, including—
(a) 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—
(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.
Not later than 4 years after the date of enactment of this Act, the Comptroller General of the United States shall—
(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) 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.
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—
The powers and duties of the Agency shall be determined—
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—
Attest:
Secretary
| |||||
AMENDMENT | |||||