[117th Congress Public Law 58]
[From the U.S. Government Publishing Office]
[[Page 135 STAT. 429]]
Public Law 117-58
117th Congress
An Act
To authorize funds for Federal-aid highways, highway safety programs,
and transit programs, and for other purposes. <<NOTE: Nov. 15,
2021 - [H.R. 3684]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Infrastructure
Investment and Jobs Act.>>
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) <<NOTE: 23 USC 101 note.>> Short Title.--This Act may be cited
as the ``Infrastructure Investment and Jobs Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. References.
DIVISION A--SURFACE TRANSPORTATION
Sec. 10001. Short title.
Sec. 10002. Definitions.
Sec. 10003. Effective date.
TITLE I--FEDERAL-AID HIGHWAYS
Subtitle A--Authorizations and Programs
Sec. 11101. Authorization of appropriations.
Sec. 11102. Obligation ceiling.
Sec. 11103. Definitions.
Sec. 11104. Apportionment.
Sec. 11105. National highway performance program.
Sec. 11106. Emergency relief.
Sec. 11107. Federal share payable.
Sec. 11108. Railway-highway grade crossings.
Sec. 11109. Surface transportation block grant program.
Sec. 11110. Nationally significant freight and highway projects.
Sec. 11111. Highway safety improvement program.
Sec. 11112. Federal lands transportation program.
Sec. 11113. Federal lands access program.
Sec. 11114. National highway freight program.
Sec. 11115. Congestion mitigation and air quality improvement program.
Sec. 11116. Alaska Highway.
Sec. 11117. Toll roads, bridges, tunnels, and ferries.
Sec. 11118. Bridge investment program.
Sec. 11119. Safe routes to school.
Sec. 11120. Highway use tax evasion projects.
Sec. 11121. Construction of ferry boats and ferry terminal facilities.
Sec. 11122. Vulnerable road user research.
Sec. 11123. Wildlife crossing safety.
Sec. 11124. Consolidation of programs.
Sec. 11125. GAO report.
Sec. 11126. Territorial and Puerto Rico highway program.
Sec. 11127. Nationally significant Federal lands and Tribal projects
program.
Sec. 11128. Tribal high priority projects program.
Sec. 11129. Standards.
Sec. 11130. Public transportation.
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Sec. 11131. Reservation of certain funds.
Sec. 11132. Rural surface transportation grant program.
Sec. 11133. Bicycle transportation and pedestrian walkways.
Sec. 11134. Recreational trails program.
Sec. 11135. Updates to Manual on Uniform Traffic Control Devices.
Subtitle B--Planning and Performance Management
Sec. 11201. Transportation planning.
Sec. 11202. Fiscal constraint on long-range transportation plans.
Sec. 11203. State human capital plans.
Sec. 11204. Prioritization process pilot program.
Sec. 11205. Travel demand data and modeling.
Sec. 11206. Increasing safe and accessible transportation options.
Subtitle C--Project Delivery and Process Improvement
Sec. 11301. Codification of One Federal Decision.
Sec. 11302. Work zone process reviews.
Sec. 11303. Transportation management plans.
Sec. 11304. Intelligent transportation systems.
Sec. 11305. Alternative contracting methods.
Sec. 11306. Flexibility for projects.
Sec. 11307. Improved Federal-State stewardship and oversight agreements.
Sec. 11308. Geomatic data.
Sec. 11309. Evaluation of projects within an operational right-of-way.
Sec. 11310. Preliminary engineering.
Sec. 11311. Efficient implementation of NEPA for Federal land management
projects.
Sec. 11312. National Environmental Policy Act of 1969 reporting program.
Sec. 11313. Surface transportation project delivery program written
agreements.
Sec. 11314. State assumption of responsibility for categorical
exclusions.
Sec. 11315. Early utility relocation prior to transportation project
environmental review.
Sec. 11316. Streamlining of section 4(f) reviews.
Sec. 11317. Categorical exclusion for projects of limited Federal
assistance.
Sec. 11318. Certain gathering lines located on Federal land and Indian
land.
Sec. 11319. Annual report.
Subtitle D--Climate Change
Sec. 11401. Grants for charging and fueling infrastructure.
Sec. 11402. Reduction of truck emissions at port facilities.
Sec. 11403. Carbon reduction program.
Sec. 11404. Congestion relief program.
Sec. 11405. Promoting Resilient Operations for Transformative,
Efficient, and Cost-saving Transportation (PROTECT) program.
Sec. 11406. Healthy Streets program.
Subtitle E--Miscellaneous
Sec. 11501. Additional deposits into Highway Trust Fund.
Sec. 11502. Stopping threats on pedestrians.
Sec. 11503. Transfer and sale of toll credits.
Sec. 11504. Study of impacts on roads from self-driving vehicles.
Sec. 11505. Disaster relief mobilization study.
Sec. 11506. Appalachian Regional Commission.
Sec. 11507. Denali Commission.
Sec. 11508. Requirements for transportation projects carried out through
public-private partnerships.
Sec. 11509. Reconnecting communities pilot program.
Sec. 11510. Cybersecurity tool; cyber coordinator.
Sec. 11511. Report on emerging alternative fuel vehicles and
infrastructure.
Sec. 11512. Nonhighway recreational fuel study.
Sec. 11513. Buy America.
Sec. 11514. High priority corridors on the National Highway System.
Sec. 11515. Interstate weight limits.
Sec. 11516. Report on air quality improvements.
Sec. 11517. Roadside highway safety hardware.
Sec. 11518. Permeable pavements study.
Sec. 11519. Emergency relief projects.
Sec. 11520. Study on stormwater best management practices.
Sec. 11521. Stormwater best management practices reports.
Sec. 11522. Invasive plant elimination program.
Sec. 11523. Over-the-road bus tolling equity.
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Sec. 11524. Bridge terminology.
Sec. 11525. Technical corrections.
Sec. 11526. Working group on covered resources.
Sec. 11527. Blood transport vehicles.
Sec. 11528. Pollinator-friendly practices on roadsides and highway
rights-of-way.
Sec. 11529. Active transportation infrastructure investment program.
Sec. 11530. Highway cost allocation study.
TITLE II--TRANSPORTATION INFRASTRUCTURE FINANCE AND INNOVATION
Sec. 12001. Transportation Infrastructure Finance and Innovation Act of
1998 amendments.
Sec. 12002. Federal requirements for TIFIA eligibility and project
selection.
TITLE III--RESEARCH, TECHNOLOGY, AND EDUCATION
Sec. 13001. Strategic innovation for revenue collection.
Sec. 13002. National motor vehicle per-mile user fee pilot.
Sec. 13003. Performance management data support program.
Sec. 13004. Data integration pilot program.
Sec. 13005. Emerging technology research pilot program.
Sec. 13006. Research and technology development and deployment.
Sec. 13007. Workforce development, training, and education.
Sec. 13008. Wildlife-vehicle collision research.
Sec. 13009. Transportation Resilience and Adaptation Centers of
Excellence.
Sec. 13010. Transportation access pilot program.
TITLE IV--INDIAN AFFAIRS
Sec. 14001. Definition of Secretary.
Sec. 14002. Environmental reviews for certain tribal transportation
facilities.
Sec. 14003. Programmatic agreements for tribal categorical exclusions.
Sec. 14004. Use of certain tribal transportation funds.
Sec. 14005. Bureau of Indian Affairs road maintenance program.
Sec. 14006. Study of road maintenance on Indian land.
Sec. 14007. Maintenance of certain Indian reservation roads.
Sec. 14008. Tribal transportation safety needs.
Sec. 14009. Office of Tribal Government Affairs.
DIVISION B--SURFACE TRANSPORTATION INVESTMENT ACT OF 2021
Sec. 20001. Short title.
Sec. 20002. Definitions.
TITLE I--MULTIMODAL AND FREIGHT TRANSPORTATION
Subtitle A--Multimodal Freight Policy
Sec. 21101. Office of Multimodal Freight Infrastructure and Policy.
Sec. 21102. Updates to National Freight Plan.
Sec. 21103. State collaboration with National Multimodal Freight
Network.
Sec. 21104. Improving State freight plans.
Sec. 21105. Implementation of National Multimodal Freight Network.
Sec. 21106. Multi-State freight corridor planning.
Sec. 21107. State freight advisory committees.
Subtitle B--Multimodal Investment
Sec. 21201. National infrastructure project assistance.
Sec. 21202. Local and regional project assistance.
Sec. 21203. National culvert removal, replacement, and restoration grant
program.
Sec. 21204. National multimodal cooperative freight research program.
Sec. 21205. Rural and Tribal infrastructure advancement.
Subtitle C--Railroad Rehabilitation and Improvement Financing Reforms
Sec. 21301. RRIF codification and reforms.
Sec. 21302. Substantive criteria and standards.
Sec. 21303. Semiannual report on transit-oriented development
eligibility.
TITLE II--RAIL
Sec. 22001. Short title.
Subtitle A--Authorization of Appropriations
Sec. 22101. Grants to Amtrak.
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Sec. 22102. Federal Railroad Administration.
Sec. 22103. Consolidated rail infrastructure and safety improvements
grants.
Sec. 22104. Railroad crossing elimination program.
Sec. 22105. Restoration and enhancement grants.
Sec. 22106. Federal-State partnership for intercity passenger rail
grants.
Sec. 22107. Amtrak Office of Inspector General.
Subtitle B--Amtrak Reforms
Sec. 22201. Amtrak findings, mission, and goals.
Sec. 22202. Composition of Amtrak's Board of Directors.
Sec. 22203. Station agents.
Sec. 22204. Increasing oversight of changes to Amtrak long-distance
routes and other intercity services.
Sec. 22205. Improved oversight of Amtrak accounting.
Sec. 22206. Improved oversight of Amtrak spending.
Sec. 22207. Increasing service line and asset line plan transparency.
Sec. 22208. Passenger experience enhancement.
Sec. 22209. Amtrak smoking policy.
Sec. 22210. Protecting Amtrak routes through rural communities.
Sec. 22211. State-Supported Route Committee.
Sec. 22212. Enhancing cross border service.
Sec. 22213. Creating quality jobs.
Sec. 22214. Amtrak daily long-distance service study.
Subtitle C--Intercity Passenger Rail Policy
Sec. 22301. Northeast Corridor planning.
Sec. 22302. Northeast Corridor Commission.
Sec. 22303. Consolidated rail infrastructure and safety improvements.
Sec. 22304. Restoration and enhancement grants.
Sec. 22305. Railroad crossing elimination program.
Sec. 22306. Interstate rail compacts.
Sec. 22307. Federal-State partnership for intercity passenger rail
grants.
Sec. 22308. Corridor identification and development program.
Sec. 22309. Surface Transportation Board passenger rail program.
Subtitle D--Rail Safety
Sec. 22401. Railway-highway crossings program evaluation.
Sec. 22402. Grade crossing accident prediction model.
Sec. 22403. Periodic updates to highway-rail crossing reports and plans.
Sec. 22404. Blocked crossing portal.
Sec. 22405. Data accessibility.
Sec. 22406. Emergency lighting.
Sec. 22407. Comprehensive rail safety review of Amtrak.
Sec. 22408. Completion of hours of service and fatigue studies.
Sec. 22409. Positive train control study.
Sec. 22410. Operating crew member training, qualification, and
certification.
Sec. 22411. Transparency and safety.
Sec. 22412. Research and development.
Sec. 22413. Rail research and development center of excellence.
Sec. 22414. Quarterly report on positive train control system
performance.
Sec. 22415. Speed limit action plans.
Sec. 22416. New passenger service pre-revenue safety validation plan.
Sec. 22417. Federal Railroad Administration accident and incident
investigations.
Sec. 22418. Civil penalty enforcement authority.
Sec. 22419. Advancing safety and innovative technology.
Sec. 22420. Passenger rail vehicle occupant protection systems.
Sec. 22421. Federal Railroad Administration reporting requirements.
Sec. 22422. National Academies study on trains longer than 7,500 feet.
Sec. 22423. High-speed train noise emissions.
Sec. 22424. Critical incident stress plans.
Sec. 22425. Requirements for railroad freight cars placed into service
in the United States.
Sec. 22426. Railroad point of contact for public safety issues.
Sec. 22427. Controlled substances testing for mechanical employees.
TITLE III--MOTOR CARRIER SAFETY
Sec. 23001. Authorization of appropriations.
Sec. 23002. Motor carrier safety advisory committee.
Sec. 23003. Combating human trafficking.
Sec. 23004. Immobilization grant program.
Sec. 23005. Commercial motor vehicle enforcement training and support.
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Sec. 23006. Study of commercial motor vehicle crash causation.
Sec. 23007. Promoting women in the trucking workforce.
Sec. 23008. State inspection of passenger-carrying commercial motor
vehicles.
Sec. 23009. Truck Leasing Task Force.
Sec. 23010. Automatic emergency braking.
Sec. 23011. Underride protection.
Sec. 23012. Providers of recreational activities.
Sec. 23013. Amendments to regulations relating to transportation of
household goods in interstate commerce.
Sec. 23014. Improving Federal-State motor carrier safety enforcement
coordination.
Sec. 23015. Limousine research.
Sec. 23016. National Consumer Complaint Database.
Sec. 23017. Electronic logging device oversight.
Sec. 23018. Transportation of agricultural commodities and farm
supplies.
Sec. 23019. Modification of restrictions on certain commercial driver's
licenses.
Sec. 23020. Report on human trafficking violations involving commercial
motor vehicles.
Sec. 23021. Broker guidance relating to Federal motor carrier safety
regulations.
Sec. 23022. Apprenticeship pilot program.
Sec. 23023. Limousine compliance with Federal safety standards.
TITLE IV--HIGHWAY AND MOTOR VEHICLE SAFETY
Subtitle A--Highway Traffic Safety
Sec. 24101. Authorization of appropriations.
Sec. 24102. Highway safety programs.
Sec. 24103. Highway safety research and development.
Sec. 24104. High-visibility enforcement programs.
Sec. 24105. National priority safety programs.
Sec. 24106. Multiple substance-impaired driving prevention.
Sec. 24107. Minimum penalties for repeat offenders for driving while
intoxicated or driving under the influence.
Sec. 24108. Crash data.
Sec. 24109. Review of Move Over or Slow Down Law public awareness.
Sec. 24110. Review of laws, safety measures, and technologies relating
to school buses.
Sec. 24111. Motorcyclist Advisory Council.
Sec. 24112. Safe Streets and Roads for All grant program.
Sec. 24113. Implementation of GAO recommendations.
Subtitle B--Vehicle Safety
Sec. 24201. Authorization of appropriations.
Sec. 24202. Recall completion.
Sec. 24203. Recall engagement.
Sec. 24204. Motor vehicle seat back safety standards.
Sec. 24205. Automatic shutoff.
Sec. 24206. Petitions by interested persons for standards and
enforcement.
Sec. 24207. Child safety seat accessibility study.
Sec. 24208. Crash avoidance technology.
Sec. 24209. Reduction of driver distraction.
Sec. 24210. Rulemaking report.
Sec. 24211. Global harmonization.
Sec. 24212. Headlamps.
Sec. 24213. New Car Assessment Program.
Sec. 24214. Hood and bumper standards.
Sec. 24215. Emergency medical services and 9-1-1.
Sec. 24216. Early warning reporting.
Sec. 24217. Improved vehicle safety databases.
Sec. 24218. National Driver Register Advisory Committee repeal.
Sec. 24219. Research on connected vehicle technology.
Sec. 24220. Advanced impaired driving technology.
Sec. 24221. GAO report on crash dummies.
Sec. 24222. Child safety.
TITLE V--RESEARCH AND INNOVATION
Sec. 25001. Intelligent Transportation Systems Program Advisory
Committee.
Sec. 25002. Smart Community Resource Center.
Sec. 25003. Federal support for local decisionmaking.
Sec. 25004. Bureau of Transportation Statistics.
Sec. 25005. Strengthening mobility and revolutionizing transportation
grant program.
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Sec. 25006. Electric vehicle working group.
Sec. 25007. Risk and system resilience.
Sec. 25008. Coordination on emerging transportation technology.
Sec. 25009. Interagency Infrastructure Permitting Improvement Center.
Sec. 25010. Rural opportunities to use transportation for economic
success initiative.
Sec. 25011. Safety data initiative.
Sec. 25012. Advanced transportation research.
Sec. 25013. Open research initiative.
Sec. 25014. Transportation research and development 5-year strategic
plan.
Sec. 25015. Research planning modifications.
Sec. 25016. Incorporation of Department of Transportation research.
Sec. 25017. University transportation centers program.
Sec. 25018. National travel and tourism infrastructure strategic plan.
Sec. 25019. Local hiring preference for construction jobs.
Sec. 25020. Transportation workforce development.
Sec. 25021. Intermodal Transportation Advisory Board repeal.
Sec. 25022. GAO cybersecurity recommendations.
Sec. 25023. Volpe oversight.
Sec. 25024. Modifications to grant program.
Sec. 25025. Drug-impaired driving data collection.
Sec. 25026. Report on marijuana research.
Sec. 25027. GAO study on improving the efficiency of traffic systems.
TITLE VI--HAZARDOUS MATERIALS
Sec. 26001. Authorization of appropriations.
Sec. 26002. Assistance for local emergency response training grant
program.
Sec. 26003. Real-time emergency response information.
TITLE VII--GENERAL PROVISIONS
Sec. 27001. Performance measurement, transparency, and accountability.
Sec. 27002. Coordination regarding forced labor.
Sec. 27003. Department of Transportation spectrum audit.
Sec. 27004. Study and reports on the travel and tourism activities of
the Department.
TITLE VIII--SPORT FISH RESTORATION AND RECREATIONAL BOATING SAFETY
Sec. 28001. Sport fish restoration and recreational boating safety.
DIVISION C--TRANSIT
Sec. 30001. Definitions.
Sec. 30002. Metropolitan transportation planning.
Sec. 30003. Statewide and nonmetropolitan transportation planning.
Sec. 30004. Planning programs.
Sec. 30005. Fixed guideway capital investment grants.
Sec. 30006. Formula grants for rural areas.
Sec. 30007. Public transportation innovation.
Sec. 30008. Bus testing facilities.
Sec. 30009. Transit-oriented development.
Sec. 30010. General provisions.
Sec. 30011. Public transportation emergency relief program.
Sec. 30012. Public transportation safety program.
Sec. 30013. Administrative provisions.
Sec. 30014. National transit database.
Sec. 30015. Apportionment of appropriations for formula grants.
Sec. 30016. State of good repair grants.
Sec. 30017. Authorizations.
Sec. 30018. Grants for buses and bus facilities.
Sec. 30019. Washington Metropolitan Area Transit Authority safety,
accountability, and investment.
DIVISION D--ENERGY
Sec. 40001. Definitions.
TITLE I--GRID INFRASTRUCTURE AND RESILIENCY
Subtitle A--Grid Infrastructure Resilience and Reliability
Sec. 40101. Preventing outages and enhancing the resilience of the
electric grid.
Sec. 40102. Hazard mitigation using disaster assistance.
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Sec. 40103. Electric grid reliability and resilience research,
development, and demonstration.
Sec. 40104. Utility demand response.
Sec. 40105. Siting of interstate electric transmission facilities.
Sec. 40106. Transmission facilitation program.
Sec. 40107. Deployment of technologies to enhance grid flexibility.
Sec. 40108. State energy security plans.
Sec. 40109. State energy program.
Sec. 40110. Power marketing administration transmission borrowing
authority.
Sec. 40111. Study of codes and standards for use of energy storage
systems across sectors.
Sec. 40112. Demonstration of electric vehicle battery second-life
applications for grid services.
Sec. 40113. Columbia Basin power management.
Subtitle B--Cybersecurity
Sec. 40121. Enhancing grid security through public-private partnerships.
Sec. 40122. Energy Cyber Sense program.
Sec. 40123. Incentives for advanced cybersecurity technology investment.
Sec. 40124. Rural and municipal utility advanced cybersecurity grant and
technical assistance program.
Sec. 40125. Enhanced grid security.
Sec. 40126. Cybersecurity plan.
Sec. 40127. Savings provision.
TITLE II--SUPPLY CHAINS FOR CLEAN ENERGY TECHNOLOGIES
Sec. 40201. Earth Mapping Resources Initiative.
Sec. 40202. National Cooperative Geologic Mapping Program.
Sec. 40203. National Geological and Geophysical Data Preservation
Program.
Sec. 40204. USGS energy and minerals research facility.
Sec. 40205. Rare earth elements demonstration facility.
Sec. 40206. Critical minerals supply chains and reliability.
Sec. 40207. Battery processing and manufacturing.
Sec. 40208. Electric drive vehicle battery recycling and second-life
applications program.
Sec. 40209. Advanced energy manufacturing and recycling grant program.
Sec. 40210. Critical minerals mining and recycling research.
Sec. 40211. 21st Century Energy Workforce Advisory Board.
TITLE III--FUELS AND TECHNOLOGY INFRASTRUCTURE INVESTMENTS
Subtitle A--Carbon Capture, Utilization, Storage, and Transportation
Infrastructure
Sec. 40301. Findings.
Sec. 40302. Carbon utilization program.
Sec. 40303. Carbon capture technology program.
Sec. 40304. Carbon dioxide transportation infrastructure finance and
innovation.
Sec. 40305. Carbon storage validation and testing.
Sec. 40306. Secure geologic storage permitting.
Sec. 40307. Geologic carbon sequestration on the outer Continental
Shelf.
Sec. 40308. Carbon removal.
Subtitle B--Hydrogen Research and Development
Sec. 40311. Findings; purpose.
Sec. 40312. Definitions.
Sec. 40313. Clean hydrogen research and development program.
Sec. 40314. Additional clean hydrogen programs.
Sec. 40315. Clean hydrogen production qualifications.
Subtitle C--Nuclear Energy Infrastructure
Sec. 40321. Infrastructure planning for micro and small modular nuclear
reactors.
Sec. 40322. Property interests relating to certain projects and
protection of information relating to certain agreements.
Sec. 40323. Civil nuclear credit program.
Subtitle D--Hydropower
Sec. 40331. Hydroelectric production incentives.
Sec. 40332. Hydroelectric efficiency improvement incentives.
Sec. 40333. Maintaining and enhancing hydroelectricity incentives.
Sec. 40334. Pumped storage hydropower wind and solar integration and
system reliability initiative.
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Sec. 40335. Authority for pumped storage hydropower development using
multiple Bureau of Reclamation reservoirs.
Sec. 40336. Limitations on issuance of certain leases of power
privilege.
Subtitle E--Miscellaneous
Sec. 40341. Solar energy technologies on current and former mine land.
Sec. 40342. Clean energy demonstration program on current and former
mine land.
Sec. 40343. Leases, easements, and rights-of-way for energy and related
purposes on the outer Continental Shelf.
TITLE IV--ENABLING ENERGY INFRASTRUCTURE INVESTMENT AND DATA COLLECTION
Subtitle A--Department of Energy Loan Program
Sec. 40401. Department of Energy loan programs.
Subtitle B--Energy Information Administration
Sec. 40411. Definitions.
Sec. 40412. Data collection in the electricity sector.
Sec. 40413. Expansion of energy consumption surveys.
Sec. 40414. Data collection on electric vehicle integration with the
electricity grids.
Sec. 40415. Plan for the modeling and forecasting of demand for minerals
used in the energy sector.
Sec. 40416. Expansion of international energy data.
Sec. 40417. Plan for the National Energy Modeling System.
Sec. 40418. Report on costs of carbon abatement in the electricity
sector.
Sec. 40419. Harmonization of efforts and data.
Subtitle C--Miscellaneous
Sec. 40431. Consideration of measures to promote greater electrification
of the transportation sector.
Sec. 40432. Office of public participation.
Sec. 40433. Digital climate solutions report.
Sec. 40434. Study and report by the Secretary of Energy on job loss and
impacts on consumer energy costs due to the revocation of the
permit for the Keystone XL pipeline.
Sec. 40435. Study on impact of electric vehicles.
Sec. 40436. Study on impact of forced labor in China on the electric
vehicle supply chain.
TITLE V--ENERGY EFFICIENCY AND BUILDING INFRASTRUCTURE
Subtitle A--Residential and Commercial Energy Efficiency
Sec. 40501. Definitions.
Sec. 40502. Energy efficiency revolving loan fund capitalization grant
program.
Sec. 40503. Energy auditor training grant program.
Subtitle B--Buildings
Sec. 40511. Cost-effective codes implementation for efficiency and
resilience.
Sec. 40512. Building, training, and assessment centers.
Sec. 40513. Career skills training.
Sec. 40514. Commercial building energy consumption information sharing.
Subtitle C--Industrial Energy Efficiency
PART I--Industry
Sec. 40521. Future of industry program and industrial research and
assessment centers.
Sec. 40522. Sustainable manufacturing initiative.
PART II--Smart Manufacturing
Sec. 40531. Definitions.
Sec. 40532. Leveraging existing agency programs to assist small and
medium manufacturers.
Sec. 40533. Leveraging smart manufacturing infrastructure at National
Laboratories.
Sec. 40534. State manufacturing leadership.
Sec. 40535. Report.
Subtitle D--Schools and Nonprofits
Sec. 40541. Grants for energy efficiency improvements and renewable
energy improvements at public school facilities.
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Sec. 40542. Energy efficiency materials pilot program.
Subtitle E--Miscellaneous
Sec. 40551. Weatherization assistance program.
Sec. 40552. Energy Efficiency and Conservation Block Grant Program.
Sec. 40553. Survey, analysis, and report on employment and demographics
in the energy, energy efficiency, and motor vehicle sectors
of the United States.
Sec. 40554. Assisting Federal Facilities with Energy Conservation
Technologies grant program.
Sec. 40555. Rebates.
Sec. 40556. Model guidance for combined heat and power systems and waste
heat to power systems.
TITLE VI--METHANE REDUCTION INFRASTRUCTURE
Sec. 40601. Orphaned well site plugging, remediation, and restoration.
TITLE VII--ABANDONED MINE LAND RECLAMATION
Sec. 40701. Abandoned Mine Reclamation Fund authorization of
appropriations.
Sec. 40702. Abandoned mine reclamation fee.
Sec. 40703. Amounts distributed from Abandoned Mine Reclamation Fund.
Sec. 40704. Abandoned hardrock mine reclamation.
TITLE VIII--NATURAL RESOURCES-RELATED INFRASTRUCTURE, WILDFIRE
MANAGEMENT, AND ECOSYSTEM RESTORATION
Sec. 40801. Forest Service Legacy Road and Trail Remediation Program.
Sec. 40802. Study and report on feasibility of revegetating reclaimed
mine sites.
Sec. 40803. Wildfire risk reduction.
Sec. 40804. Ecosystem restoration.
Sec. 40805. GAO study.
Sec. 40806. Establishment of fuel breaks in forests and other wildland
vegetation.
Sec. 40807. Emergency actions.
Sec. 40808. Joint Chiefs Landscape Restoration Partnership program.
TITLE IX--WESTERN WATER INFRASTRUCTURE
Sec. 40901. Authorizations of appropriations.
Sec. 40902. Water storage, groundwater storage, and conveyance projects.
Sec. 40903. Small water storage and groundwater storage projects.
Sec. 40904. Critical maintenance and repair.
Sec. 40905. Competitive grant program for large-scale water recycling
and reuse program.
Sec. 40906. Drought contingency plan funding requirements.
Sec. 40907. Multi-benefit projects to improve watershed health.
Sec. 40908. Eligible desalination projects.
Sec. 40909. Clarification of authority to use coronavirus fiscal
recovery funds to meet a non-Federal matching requirement for
authorized Bureau of Reclamation water projects.
Sec. 40910. Federal assistance for groundwater recharge, aquifer
storage, and water source substitution projects.
TITLE X--AUTHORIZATION OF APPROPRIATIONS FOR ENERGY ACT OF 2020
Sec. 41001. Energy storage demonstration projects.
Sec. 41002. Advanced reactor demonstration program.
Sec. 41003. Mineral security projects.
Sec. 41004. Carbon capture demonstration and pilot programs.
Sec. 41005. Direct air capture technologies prize competitions.
Sec. 41006. Water power projects.
Sec. 41007. Renewable energy projects.
Sec. 41008. Industrial emissions demonstration projects.
TITLE XI--WAGE RATE REQUIREMENTS
Sec. 41101. Wage rate requirements.
TITLE XII--MISCELLANEOUS
Sec. 41201. Office of Clean Energy Demonstrations.
Sec. 41202. Extension of Secure Rural Schools and Community Self-
Determination Act of 2000.
DIVISION E--DRINKING WATER AND WASTEWATER INFRASTRUCTURE
Sec. 50001. Short title.
[[Page 135 STAT. 438]]
Sec. 50002. Definition of Administrator.
TITLE I--DRINKING WATER
Sec. 50101. Technical assistance and grants for emergencies affecting
public water systems.
Sec. 50102. Drinking water State revolving loan funds.
Sec. 50103. Source water petition program.
Sec. 50104. Assistance for small and disadvantaged communities.
Sec. 50105. Reducing lead in drinking water.
Sec. 50106. Operational sustainability of small public water systems.
Sec. 50107. Midsize and large drinking water system infrastructure
resilience and sustainability program.
Sec. 50108. Needs assessment for nationwide rural and urban low-income
community water assistance.
Sec. 50109. Rural and low-income water assistance pilot program.
Sec. 50110. Lead contamination in school drinking water.
Sec. 50111. Indian reservation drinking water program.
Sec. 50112. Advanced drinking water technologies.
Sec. 50113. Cybersecurity support for public water systems.
Sec. 50114. State response to contaminants.
Sec. 50115. Annual study on boil water advisories.
TITLE II--CLEAN WATER
Sec. 50201. Research, investigations, training, and information.
Sec. 50202. Wastewater efficiency grant pilot program.
Sec. 50203. Pilot program for alternative water source projects.
Sec. 50204. Sewer overflow and stormwater reuse municipal grants.
Sec. 50205. Clean water infrastructure resiliency and sustainability
program.
Sec. 50206. Small and medium publicly owned treatment works circuit
rider program.
Sec. 50207. Small publicly owned treatment works efficiency grant
program.
Sec. 50208. Grants for construction and refurbishing of individual
household decentralized wastewater systems for individuals
with low or moderate income.
Sec. 50209. Connection to publicly owned treatment works.
Sec. 50210. Clean water State revolving funds.
Sec. 50211. Water infrastructure and workforce investment.
Sec. 50212. Grants to Alaska to improve sanitation in rural and Native
villages.
Sec. 50213. Water data sharing pilot program.
Sec. 50214. Final rating opinion letters.
Sec. 50215. Water infrastructure financing reauthorization.
Sec. 50216. Small and disadvantaged community analysis.
Sec. 50217. Stormwater infrastructure technology.
Sec. 50218. Water Reuse Interagency Working Group.
Sec. 50219. Advanced clean water technologies study.
Sec. 50220. Clean watersheds needs survey.
Sec. 50221. Water Resources Research Act amendments.
Sec. 50222. Enhanced aquifer use and recharge.
DIVISION F--BROADBAND
TITLE I--BROADBAND GRANTS FOR STATES, DISTRICT OF COLUMBIA, PUERTO RICO,
AND TERRITORIES
Sec. 60101. Findings.
Sec. 60102. Grants for broadband deployment.
Sec. 60103. Broadband DATA maps.
Sec. 60104. Report on future of Universal Service Fund.
Sec. 60105. Broadband deployment locations map.
TITLE II--TRIBAL CONNECTIVITY TECHNICAL AMENDMENTS.
Sec. 60201. Tribal connectivity technical amendments.
TITLE III--DIGITAL EQUITY ACT OF 2021
Sec. 60301. Short title.
Sec. 60302. Definitions.
Sec. 60303. Sense of Congress.
Sec. 60304. State Digital Equity Capacity Grant Program.
Sec. 60305. Digital Equity Competitive Grant Program.
Sec. 60306. Policy research, data collection, analysis and modeling,
evaluation, and dissemination.
[[Page 135 STAT. 439]]
Sec. 60307. General provisions.
TITLE IV--ENABLING MIDDLE MILE BROADBAND INFRASTRUCTURE
Sec. 60401. Enabling middle mile broadband infrastructure.
TITLE V--BROADBAND AFFORDABILITY
Sec. 60501. Definitions.
Sec. 60502. Broadband affordability.
Sec. 60503. Coordination with certain other Federal agencies.
Sec. 60504. Adoption of consumer broadband labels.
Sec. 60505. GAO report.
Sec. 60506. Digital discrimination.
TITLE VI--TELECOMMUNICATIONS INDUSTRY WORKFORCE
Sec. 60601. Short title.
Sec. 60602. Telecommunications interagency working group.
Sec. 60603. Telecommunications workforce guidance.
Sec. 60604. GAO assessment of workforce needs of the telecommunications
industry.
DIVISION G--OTHER AUTHORIZATIONS
TITLE I--INDIAN WATER RIGHTS SETTLEMENT COMPLETION FUND
Sec. 70101. Indian Water Rights Settlement Completion Fund.
TITLE II--WILDFIRE MITIGATION
Sec. 70201. Short title.
Sec. 70202. Definitions.
Sec. 70203. Establishment of Commission.
Sec. 70204. Duties of Commission.
Sec. 70205. Powers of Commission.
Sec. 70206. Commission personnel matters.
Sec. 70207. Termination of Commission.
TITLE III--REFORESTATION
Sec. 70301. Short title.
Sec. 70302. Reforestation following wildfires and other unplanned
events.
Sec. 70303. Report.
TITLE IV--RECYCLING PRACTICES
Sec. 70401. Best practices for battery recycling and labeling
guidelines.
Sec. 70402. Consumer recycling education and outreach grant program;
Federal procurement.
TITLE V--BIOPRODUCT PILOT PROGRAM
Sec. 70501. Pilot program on use of agricultural commodities in
construction and consumer products.
TITLE VI--CYBERSECURITY
Subtitle A--Cyber Response and Recovery Act
Sec. 70601. Short title.
Sec. 70602. Declaration of a significant incident.
Subtitle B--State and Local Cybersecurity Improvement Act
Sec. 70611. Short title.
Sec. 70612. State and Local Cybersecurity Grant Program.
TITLE VII--PUBLIC-PRIVATE PARTNERSHIPS
Sec. 70701. Value for money analysis.
TITLE VIII--FEDERAL PERMITTING IMPROVEMENT
Sec. 70801. Federal permitting improvement.
TITLE IX--BUILD AMERICA, BUY AMERICA
Subtitle A--Build America, Buy America
Sec. 70901. Short title.
PART I--Buy America Sourcing Requirements
Sec. 70911. Findings.
[[Page 135 STAT. 440]]
Sec. 70912. Definitions.
Sec. 70913. Identification of deficient programs.
Sec. 70914. Application of Buy America preference.
Sec. 70915. OMB guidance and standards.
Sec. 70916. Technical assistance partnership and consultation supporting
Department of Transportation Buy America requirements.
Sec. 70917. Application.
PART II--Make It in America
Sec. 70921. Regulations relating to Buy American Act.
Sec. 70922. Amendments relating to Buy American Act.
Sec. 70923. Made in America Office.
Sec. 70924. Hollings Manufacturing Extension Partnership activities.
Sec. 70925. United States obligations under international agreements.
Sec. 70926. Definitions.
Sec. 70927. Prospective amendments to internal cross-references.
Subtitle B--BuyAmerican.gov
Sec. 70931. Short title.
Sec. 70932. Definitions.
Sec. 70933. Sense of Congress on buying American.
Sec. 70934. Assessment of impact of free trade agreements.
Sec. 70935. Judicious use of waivers.
Sec. 70936. Establishment of BuyAmerican.gov website.
Sec. 70937. Waiver Transparency and Streamlining for contracts.
Sec. 70938. Comptroller General report.
Sec. 70939. Rules of construction.
Sec. 70940. Consistency with international agreements.
Sec. 70941. Prospective amendments to internal cross-references.
Subtitle C--Make PPE in America
Sec. 70951. Short title.
Sec. 70952. Findings.
Sec. 70953. Requirement of long-term contracts for domestically
manufactured personal protective equipment.
TITLE X--ASSET CONCESSIONS
Sec. 71001. Asset concessions.
TITLE XI--CLEAN SCHOOL BUSES AND FERRIES
Sec. 71101. Clean school bus program.
Sec. 71102. Electric or low-emitting ferry pilot program.
Sec. 71103. Ferry service for rural communities.
Sec. 71104. Expanding the funding authority for renovating,
constructing, and expanding certain facilities.
DIVISION H--REVENUE PROVISIONS
TITLE I--HIGHWAY TRUST FUND
Sec. 80101. Extension of Highway Trust Fund expenditure authority.
Sec. 80102. Extension of highway-related taxes.
Sec. 80103. Further additional transfers to trust fund.
TITLE II--CHEMICAL SUPERFUND
Sec. 80201. Extension and modification of certain superfund excise
taxes.
TITLE III--CUSTOMS USER FEES
Sec. 80301. Extension of customs user fees.
TITLE IV--BOND PROVISIONS
Sec. 80401. Private activity bonds for qualified broadband projects.
Sec. 80402. Carbon dioxide capture facilities.
Sec. 80403. Increase in national limitation amount for qualified highway
or surface freight transportation facilities.
TITLE V--RELIEF FOR TAXPAYERS AFFECTED BY DISASTERS OR OTHER CRITICAL
EVENTS
Sec. 80501. Modification of automatic extension of certain deadlines in
the case of taxpayers affected by Federally declared
disasters.
[[Page 135 STAT. 441]]
Sec. 80502. Modifications of rules for postponing certain acts by reason
of service in combat zone or contingency operation.
Sec. 80503. Tolling of time for filing a petition with the tax court.
Sec. 80504. Authority to postpone certain tax deadlines by reason of
significant fires.
TITLE VI--OTHER PROVISIONS
Sec. 80601. Modification of tax treatment of contributions to the
capital of a corporation.
Sec. 80602. Extension of interest rate stabilization.
Sec. 80603. Information reporting for brokers and digital assets.
Sec. 80604. Termination of employee retention credit for employers
subject to closure due to COVID-19.
DIVISION I--OTHER MATTERS
Sec. 90001. Extension of direct spending reductions through fiscal year
2031.
Sec. 90002. Strategic Petroleum Reserve drawdown and sale.
Sec. 90003. Findings regarding unused unemployment insurance funds.
Sec. 90004. Requiring manufacturers of certain single-dose container or
single-use package drugs payable under part B of the Medicare
program to provide refunds with respect to discarded amounts
of such drugs.
Sec. 90005. Extension of enterprise guarantee fees.
Sec. 90006. Moratorium on implementation of rule relating to eliminating
the anti-kickback statute safe harbor protection for
prescription drug rebates.
Sec. 90007. Rescission of COVID-19 appropriations.
Sec. 90008. Spectrum auctions.
DIVISION J--APPROPRIATIONS
TITLE I--AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG ADMINISTRATION,
AND RELATED AGENCIES
TITLE II--COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES
TITLE III--ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES
TITLE IV--FINANCIAL SERVICES AND GENERAL GOVERNMENT
TITLE V--DEPARTMENT OF HOMELAND SECURITY
TITLE VI--DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED AGENCIES
TITLE VII--LABOR, HEALTH AND HUMAN SERVICES, AND EDUCATION, AND RELATED
AGENCIES
TITLE VIII--TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED
AGENCIES
TITLE IX--GENERAL PROVISIONS--THIS DIVISION
DIVISION K--MINORITY BUSINESS DEVELOPMENT
Sec. 100001. Short title.
Sec. 100002. Definitions.
Sec. 100003. Minority Business Development Agency.
TITLE I--EXISTING INITIATIVES
Subtitle A--Market Development, Research, and Information
Sec. 100101. Private sector development.
Sec. 100102. Public sector development.
Sec. 100103. Research and information.
Subtitle B--Minority Business Development Agency Business Center Program
Sec. 100111. Definition.
Sec. 100112. Purpose.
Sec. 100113. Establishment.
Sec. 100114. Grants and cooperative agreements.
Sec. 100115. Minimizing disruptions to existing MBDA Business Center
program.
Sec. 100116. Publicity.
TITLE II--NEW INITIATIVES TO PROMOTE ECONOMIC RESILIENCY FOR MINORITY
BUSINESSES
Sec. 100201. Annual diverse business forum on capital formation.
[[Page 135 STAT. 442]]
Sec. 100202. Agency study on alternative financing solutions.
Sec. 100203. Educational development relating to management and
entrepreneurship.
TITLE III--RURAL MINORITY BUSINESS CENTER PROGRAM
Sec. 100301. Definitions.
Sec. 100302. Business centers.
Sec. 100303. Report to Congress.
Sec. 100304. Study and report.
TITLE IV--MINORITY BUSINESS DEVELOPMENT GRANTS
Sec. 100401. Grants to nonprofit organizations that support minority
business enterprises.
TITLE V--MINORITY BUSINESS ENTERPRISES ADVISORY COUNCIL
Sec. 100501. Purpose.
Sec. 100502. Composition and term.
Sec. 100503. Duties.
TITLE VI--FEDERAL COORDINATION OF MINORITY BUSINESS PROGRAMS
Sec. 100601. General duties.
Sec. 100602. Participation of Federal departments and agencies.
TITLE VII--ADMINISTRATIVE POWERS OF THE AGENCY; MISCELLANEOUS PROVISIONS
Sec. 100701. Administrative powers.
Sec. 100702. Federal assistance.
Sec. 100703. Recordkeeping.
Sec. 100704. Review and report by Comptroller General.
Sec. 100705. Biannual reports; recommendations.
Sec. 100706. Separability.
Sec. 100707. Executive Order 11625.
Sec. 100708. Authorization of appropriations.
SEC. 2. <<NOTE: 1 USC 1 note.>> REFERENCES.
Except as expressly provided otherwise, any reference to ``this
Act'' contained in any division of this Act shall be treated as
referring only to the provisions of that division.
[[Page 135 STAT. 443]]
DIVISION A-- <<NOTE: Surface Transportation Reauthorization Act of
2021.>> SURFACE TRANSPORTATION
SEC. 10001. <<NOTE: 23 USC 101 note.>> SHORT TITLE.
This division may be cited as the ``Surface Transportation
Reauthorization Act of 2021''.
SEC. 10002. <<NOTE: 23 USC 101 note.>> DEFINITIONS.
In this division:
(1) Department.--The term ``Department'' means the
Department of Transportation.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
SEC. 10003. <<NOTE: 23 USC 101 note.>> EFFECTIVE DATE.
Except as otherwise provided, this division and the amendments made
by this division take effect on October 1, 2021.
TITLE I--FEDERAL-AID HIGHWAYS
Subtitle A <<NOTE: Time periods.>> --Authorizations and Programs
SEC. 11101. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--The following amounts are authorized to be
appropriated out of the Highway Trust Fund (other than the Mass Transit
Account):
(1) Federal-aid highway program.--For the national highway
performance program under section 119 of title 23, United States
Code, the surface transportation block grant program under
section 133 of that title, the highway safety improvement
program under section 148 of that title, the congestion
mitigation and air quality improvement program under section 149
of that title, the national highway freight program under
section 167 of that title, the carbon reduction program under
section 175 of that title, to carry out subsection (c) of the
PROTECT program under section 176 of that title, and to carry
out section 134 of that title--
(A) $52,488,065,375 for fiscal year 2022;
(B) $53,537,826,683 for fiscal year 2023;
(C) $54,608,583,217 for fiscal year 2024;
(D) $55,700,754,881 for fiscal year 2025; and
(E) $56,814,769,844 for fiscal year 2026.
(2) Transportation infrastructure finance and innovation
program.--For credit assistance under the transportation
infrastructure finance and innovation program under chapter 6 of
title 23, United States Code, $250,000,000 for each of fiscal
years 2022 through 2026.
(3) Federal lands and tribal transportation programs.--
(A) Tribal transportation program.--For the tribal
transportation program under section 202 of title 23,
United States Code--
(i) $578,460,000 for fiscal year 2022;
(ii) $589,960,000 for fiscal year 2023;
(iii) $602,460,000 for fiscal year 2024;
[[Page 135 STAT. 444]]
(iv) $612,960,000 for fiscal year 2025; and
(v) $627,960,000 for fiscal year 2026.
(B) Federal lands transportation program.--
(i) In general.--For the Federal lands
transportation program under section 203 of title
23, United States Code--
(I) $421,965,000 for fiscal year
2022;
(II) $429,965,000 for fiscal year
2023;
(III) $438,965,000 for fiscal year
2024;
(IV) $447,965,000 for fiscal year
2025; and
(V) $455,965,000 for fiscal year
2026.
(ii) Allocation.--Of the amount made available
for a fiscal year under clause (i)--
(I) the amount for the National Park
Service is--
(aa) $332,427,450 for fiscal
year 2022;
(bb) $338,867,450 for fiscal
year 2023;
(cc) $346,237,450 for fiscal
year 2024;
(dd) $353,607,450 for fiscal
year 2025; and
(ee) $360,047,450 for fiscal
year 2026;
(II) the amount for the United
States Fish and Wildlife Service is
$36,000,000 for each of fiscal years
2022 through 2026; and
(III) the amount for the Forest
Service is--
(aa) $24,000,000 for fiscal
year 2022;
(bb) $25,000,000 for fiscal
year 2023;
(cc) $26,000,000 for fiscal
year 2024;
(dd) $27,000,000 for fiscal
year 2025; and
(ee) $28,000,000 for fiscal
year 2026.
(C) Federal lands access program.--For the Federal
lands access program under section 204 of title 23,
United States Code--
(i) $285,975,000 for fiscal year 2022;
(ii) $291,975,000 for fiscal year 2023;
(iii) $296,975,000 for fiscal year 2024;
(iv) $303,975,000 for fiscal year 2025; and
(v) $308,975,000 for fiscal year 2026.
(4) Territorial and puerto rico highway program.--For the
territorial and Puerto Rico highway program under section 165 of
title 23, United States Code--
(A) $219,000,000 for fiscal year 2022;
(B) $224,000,000 for fiscal year 2023;
(C) $228,000,000 for fiscal year 2024;
(D) $232,500,000 for fiscal year 2025; and
(E) $237,000,000 for fiscal year 2026.
(5) Nationally significant freight and highway projects.--
For nationally significant freight and highway projects under
section 117 of title 23, United States Code--
(A) $1,000,000,000 for fiscal year 2022;
(B) $1,000,000,000 for fiscal year 2023;
(C) $1,000,000,000 for fiscal year 2024;
(D) $900,000,000 for fiscal year 2025; and
(E) $900,000,000 for fiscal year 2026.
(b) Other Programs.--
(1) In general.--The following amounts are authorized to be
appropriated out of the Highway Trust Fund (other than the Mass
Transit Account):
[[Page 135 STAT. 445]]
(A) Bridge investment program.--To carry out the
bridge investment program under section 124 of title 23,
United States Code--
(i) $600,000,000 for fiscal year 2022;
(ii) $640,000,000 for fiscal year 2023;
(iii) $650,000,000 for fiscal year 2024;
(iv) $675,000,000 for fiscal year 2025; and
(v) $700,000,000 for fiscal year 2026.
(B) Congestion relief program.--To carry out the
congestion relief program under section 129(d) of title
23, United States Code, $50,000,000 for each of fiscal
years 2022 through 2026.
(C) Charging and fueling infrastructure grants.--To
carry out section 151(f) of title 23, United States
Code--
(i) $300,000,000 for fiscal year 2022;
(ii) $400,000,000 for fiscal year 2023;
(iii) $500,000,000 for fiscal year 2024;
(iv) $600,000,000 for fiscal year 2025; and
(v) $700,000,000 for fiscal year 2026.
(D) Rural surface transportation grant program.--To
carry out the rural surface transportation grant program
under section 173 of title 23, United States Code--
(i) $300,000,000 for fiscal year 2022;
(ii) $350,000,000 for fiscal year 2023;
(iii) $400,000,000 for fiscal year 2024;
(iv) $450,000,000 for fiscal year 2025; and
(v) $500,000,000 for fiscal year 2026.
(E) PROTECT grants.--
(i) In general.--To carry out subsection (d)
of the PROTECT program under section 176 of title
23, United States Code, for each of fiscal years
2022 through 2026--
(I) $250,000,000 for fiscal year
2022;
(II) $250,000,000 for fiscal year
2023;
(III) $300,000,000 for fiscal year
2024;
(IV) $300,000,000 for fiscal year
2025; and
(V) $300,000,000 for fiscal year
2026.
(ii) Allocation.--Of the amounts made
available under clause (i)--
(I) for planning grants under
paragraph (3) of that subsection--
(aa) $25,000,000 for fiscal
year 2022;
(bb) $25,000,000 for fiscal
year 2023;
(cc) $30,000,000 for fiscal
year 2024;
(dd) $30,000,000 for fiscal
year 2025; and
(ee) $30,000,000 for fiscal
year 2026;
(II) for resilience improvement
grants under paragraph (4)(A) of that
subsection--
(aa) $175,000,000 for fiscal
year 2022;
(bb) $175,000,000 for fiscal
year 2023;
(cc) $210,000,000 for fiscal
year 2024;
(dd) $210,000,000 for fiscal
year 2025; and
(ee) $210,000,000 for fiscal
year 2026;
(III) for community resilience and
evacuation route grants under paragraph
(4)(B) of that subsection--
[[Page 135 STAT. 446]]
(aa) $25,000,000 for fiscal
year 2022;
(bb) $25,000,000 for fiscal
year 2023;
(cc) $30,000,000 for fiscal
year 2024;
(dd) $30,000,000 for fiscal
year 2025; and
(ee) $30,000,000 for fiscal
year 2026; and
(IV) for at-risk coastal
infrastructure grants under paragraph
(4)(C) of that subsection--
(aa) $25,000,000 for fiscal
year 2022;
(bb) $25,000,000 for fiscal
year 2023;
(cc) $30,000,000 for fiscal
year 2024;
(dd) $30,000,000 for fiscal
year 2025; and
(ee) $30,000,000 for fiscal
year 2026.
(F) Reduction of truck emissions at port
facilities.--
(i) In general.--To carry out the reduction of
truck emissions at port facilities under section
11402, $50,000,000 for each of fiscal years 2022
through 2026.
(ii) Treatment.--Amounts made available under
clause (i) shall be available for obligation in
the same manner as if those amounts were
apportioned under chapter 1 of title 23, United
States Code.
(G) Nationally significant federal lands and tribal
projects.--
(i) In general.--To carry out the nationally
significant Federal lands and tribal projects
program under section 1123 of the FAST Act (23
U.S.C. 201 note; Public Law 114-94), $55,000,000
for each of fiscal years 2022 through 2026.
(ii) Treatment.--Amounts made available under
clause (i) shall be available for obligation in
the same manner as if those amounts were
apportioned under chapter 1 of title 23, United
States Code.
(2) General fund.--
(A) Bridge investment program.--
(i) In general.--In addition to amounts made
available under paragraph (1)(A), there are
authorized to be appropriated to carry out the
bridge investment program under section 124 of
title 23, United States Code--
(I) $600,000,000 for fiscal year
2022;
(II) $640,000,000 for fiscal year
2023;
(III) $650,000,000 for fiscal year
2024;
(IV) $675,000,000 for fiscal year
2025; and
(V) $700,000,000 for fiscal year
2026.
(ii) Allocation.--Amounts made available under
clause (i) shall be allocated in the same manner
as if made available under paragraph (1)(A).
(B) Nationally significant federal lands and tribal
projects program.--In addition to amounts made available
under paragraph (1)(G), there is authorized to be
appropriated to carry out section 1123 of the FAST Act
(23 U.S.C. 201 note; Public Law 114-94) $300,000,000 for
each of fiscal years 2022 through 2026.
(C) Healthy streets program.--There is authorized to
be appropriated to carry out the Healthy Streets program
under section 11406 $100,000,000 for each of fiscal
years 2022 through 2026.
[[Page 135 STAT. 447]]
(D) Transportation resilience and adaptation centers
of excellence.--There is authorized to be appropriated
to carry out section 520 of title 23, United States
Code, $100,000,000 for each of fiscal years 2022 through
2026.
(E) Open challenge and research proposal pilot
program.--There is authorized to be appropriated to
carry out the open challenge and research proposal pilot
program under section 13006(e) $15,000,000 for each of
fiscal years 2022 through 2026.
(c) Research, Technology, and Education Authorizations.--
(1) In general.--The following amounts are authorized to be
appropriated out of the Highway Trust Fund (other than the Mass
Transit Account):
(A) Highway research and development program.--To
carry out section 503(b) of title 23, United States
Code, $147,000,000 for each of fiscal years 2022 through
2026.
(B) Technology and innovation deployment program.--
To carry out section 503(c) of title 23, United States
Code, $110,000,000 for each of fiscal years 2022 through
2026.
(C) Training and education.--To carry out section
504 of title 23, United States Code--
(i) $25,000,000 for fiscal year 2022;
(ii) $25,250,000 for fiscal year 2023;
(iii) $25,500,000 for fiscal year 2024;
(iv) $25,750,000 for fiscal year 2025; and
(v) $26,000,000 for fiscal year 2026.
(D) Intelligent transportation systems program.--To
carry out sections 512 through 518 of title 23, United
States Code, $110,000,000 for each of fiscal years 2022
through 2026.
(E) University transportation centers program.--To
carry out section 5505 of title 49, United States Code--
(i) $80,000,000 for fiscal year 2022;
(ii) $80,500,000 for fiscal year 2023;
(iii) $81,000,000 for fiscal year 2024;
(iv) $81,500,000 for fiscal year 2025; and
(v) $82,000,000 for fiscal year 2026.
(F) Bureau of transportation statistics.--To carry
out chapter 63 of title 49, United States Code--
(i) $26,000,000 for fiscal year 2022;
(ii) $26,250,000 for fiscal year 2023;
(iii) $26,500,000 for fiscal year 2024;
(iv) $26,750,000 for fiscal year 2025; and
(v) $27,000,000 for fiscal year 2026.
(2) Administration.--The Federal Highway Administration
shall--
(A) administer the programs described in
subparagraphs (A), (B), and (C) of paragraph (1); and
(B) <<NOTE: Consultation.>> in consultation with
relevant modal administrations, administer the programs
described in paragraph (1)(D).
(3) Applicability of title 23, united states code.--Amounts
authorized to be appropriated by paragraph (1) shall--
[[Page 135 STAT. 448]]
(A) <<NOTE: Determination.>> be available for
obligation in the same manner as if those funds were
apportioned under chapter 1 of title 23, United States
Code, except that the Federal share of the cost of a
project or activity carried out using those funds shall
be 80 percent, unless otherwise expressly provided by
this division (including the amendments by this
division) or otherwise determined by the Secretary; and
(B) remain available until expended and not be
transferable, except as otherwise provided by this
division.
(d) Pilot Programs.--The following amounts are authorized to be
appropriated out of the Highway Trust Fund (other than the Mass Transit
Account):
(1) Wildlife crossings pilot program.--For the wildlife
crossings pilot program under section 171 of title 23, United
States Code--
(A) $60,000,000 for fiscal year 2022;
(B) $65,000,000 for fiscal year 2023;
(C) $70,000,000 for fiscal year 2024;
(D) $75,000,000 for fiscal year 2025; and
(E) $80,000,000 for fiscal year 2026.
(2) Prioritization process pilot program.--
(A) In general.--For the prioritization process
pilot program under section 11204, $10,000,000 for each
of fiscal years 2022 through 2026.
(B) Treatment.--Amounts made available under
subparagraph (A) shall be available for obligation in
the same manner as if those amounts were apportioned
under chapter 1 of title 23, United States Code.
(3) Reconnecting communities pilot program.--
(A) Planning grants.--For planning grants under the
reconnecting communities pilot program under section
11509(c), $30,000,000 for each of fiscal years 2022
through 2026.
(B) Capital construction grants.--For capital
construction grants under the reconnecting communities
pilot program under section 11509(d)--
(i) $65,000,000 for fiscal year 2022;
(ii) $68,000,000 for fiscal year 2023;
(iii) $70,000,000 for fiscal year 2024;
(iv) $72,000,000 for fiscal year 2025; and
(v) $75,000,000 for fiscal year 2026.
(C) Treatment.--Amounts made available under
subparagraph (A) or (B) shall be available for
obligation in the same manner as if those amounts were
apportioned under chapter 1 of title 23, United States
Code, except that those amounts shall remain available
until expended.
(e) <<NOTE: 23 USC 101 note.>> Disadvantaged Business
Enterprises.--
(1) Findings.--Congress finds that--
(A) while significant progress has occurred due to
the establishment of the disadvantaged business
enterprise program, discrimination and related barriers
continue to pose significant obstacles for minority- and
women-owned businesses seeking to do business in
Federally assisted surface transportation markets across
the United States;
(B) the continuing barriers described in
subparagraph (A) merit the continuation of the
disadvantaged business enterprise program;
[[Page 135 STAT. 449]]
(C) Congress has received and reviewed testimony and
documentation of race and gender discrimination from
numerous sources, including congressional hearings and
roundtables, scientific reports, reports issued by
public and private agencies, news stories, reports of
discrimination by organizations and individuals, and
discrimination lawsuits, which show that race- and
gender-neutral efforts alone are insufficient to address
the problem;
(D) the testimony and documentation described in
subparagraph (C) demonstrate that discrimination across
the United States poses a barrier to full and fair
participation in surface transportation-related
businesses of women business owners and minority
business owners and has impacted firm development and
many aspects of surface transportation-related business
in the public and private markets; and
(E) the testimony and documentation described in
subparagraph (C) provide a strong basis that there is a
compelling need for the continuation of the
disadvantaged business enterprise program to address
race and gender discrimination in surface
transportation-related business.
(2) Definitions.--In this subsection:
(A) Small business concern.--
(i) In general.--The term ``small business
concern'' means a small business concern (as the
term is used in section 3 of the Small Business
Act (15 U.S.C. 632)).
(ii) Exclusions.--The term ``small business
concern'' does not include any concern or group of
concerns controlled by the same socially and
economically disadvantaged individual or
individuals that have average annual gross
receipts during the preceding 3 fiscal years in
excess of $26,290,000, as adjusted annually by the
Secretary for inflation.
(B) Socially and economically disadvantaged
individuals.--The term ``socially and economically
disadvantaged individuals'' has the meaning given the
term in section 8(d) of the Small Business Act (15
U.S.C. 637(d)) and relevant subcontracting regulations
issued pursuant to that Act, except that women shall be
presumed to be socially and economically disadvantaged
individuals for purposes of this subsection.
<<NOTE: Determination.>> (3) Amounts for small business
concerns.--Except to the extent that the Secretary determines
otherwise, not less than 10 percent of the amounts made
available for any program under this division (other than
section 14004), division C, and section 403 of title 23, United
States Code, shall be expended through small business concerns
owned and controlled by socially and economically disadvantaged
individuals.
(4) Annual listing of disadvantaged business enterprises.--
Each State shall annually--
(A) <<NOTE: Surveys.>> survey and compile a list of
the small business concerns referred to in paragraph (3)
in the State, including the location of the small
business concerns in the State; and
(B) <<NOTE: Notification.>> notify the Secretary,
in writing, of the percentage of the small business
concerns that are controlled by--
[[Page 135 STAT. 450]]
(i) women;
(ii) socially and economically disadvantaged
individuals (other than women); and
(iii) individuals who are women and are
otherwise socially and economically disadvantaged
individuals.
(5) Uniform certification.--
(A) <<NOTE: Criteria.>> In general.--The Secretary
shall establish minimum uniform criteria for use by
State governments in certifying whether a concern
qualifies as a small business concern for the purpose of
this subsection.
(B) Inclusions.--The minimum uniform criteria
established under subparagraph (A) shall include, with
respect to a potential small business concern--
(i) on-site visits;
(ii) personal interviews with personnel;
(iii) issuance or inspection of licenses;
(iv) <<NOTE: Analyses.>> analyses of stock
ownership;
(v) <<NOTE: Lists.>> listings of equipment;
(vi) <<NOTE: Analyses.>> analyses of bonding
capacity;
(vii) <<NOTE: Lists.>> listings of work
completed;
(viii) <<NOTE: Examination.>> examination of
the resumes of principal owners;
(ix) <<NOTE: Analyses.>> analyses of
financial capacity; and
(x) <<NOTE: Analyses.>> analyses of the type
of work preferred.
(6) <<NOTE: Requirements.>> Reporting.--The Secretary shall
establish minimum requirements for use by State governments in
reporting to the Secretary--
(A) information concerning disadvantaged business
enterprise awards, commitments, and achievements; and
(B) <<NOTE: Determination.>> such other information
as the Secretary determines to be appropriate for the
proper monitoring of the disadvantaged business
enterprise program.
(7) Compliance with court orders.--Nothing in this
subsection limits the eligibility of an individual or entity to
receive funds made available under this division, division C,
and section 403 of title 23, United States Code, if the entity
or person is prevented, in whole or in part, from complying with
paragraph (3) because a Federal court issues a final order in
which the court finds that a requirement or the implementation
of paragraph (3) is unconstitutional.
(8) Sense of congress on prompt payment of dbe
subcontractors.--It is the sense of Congress that--
(A) the Secretary should take additional steps to
ensure that recipients comply with section 26.29 of
title 49, Code of Federal Regulations (the disadvantaged
business enterprises prompt payment rule), or any
corresponding regulation, in awarding Federally funded
transportation contracts under laws and regulations
administered by the Secretary; and
(B) such additional steps should include increasing
the ability of the Department to track and keep records
of complaints and to make that information publicly
available.
SEC. 11102. <<NOTE: 23 USC 104 note.>> OBLIGATION CEILING.
(a) General Limitation.--Subject to subsection (e), and
notwithstanding any other provision of law, the obligations for Federal-
[[Page 135 STAT. 451]]
aid highway and highway safety construction programs shall not exceed--
(1) $57,473,430,072 for fiscal year 2022;
(2) $58,764,510,674 for fiscal year 2023;
(3) $60,095,782,888 for fiscal year 2024;
(4) $61,314,170,545 for fiscal year 2025; and
(5) $62,657,105,821 for fiscal year 2026.
(b) Exceptions.--The limitations under subsection (a) shall not
apply to obligations under or for--
(1) section 125 of title 23, United States Code;
(2) section 147 of the Surface Transportation Assistance Act
of 1978 (23 U.S.C. 144 note; 92 Stat. 2714);
(3) section 9 of the Federal-Aid Highway Act of 1981 (95
Stat. 1701);
(4) subsections (b) and (j) of section 131 of the Surface
Transportation Assistance Act of 1982 (96 Stat. 2119);
(5) subsections (b) and (c) of section 149 of the Surface
Transportation and Uniform Relocation Assistance Act of 1987
(101 Stat. 198);
(6) sections 1103 through 1108 of the Intermodal Surface
Transportation Efficiency Act of 1991 (105 Stat. 2027);
(7) section 157 of title 23, United States Code (as in
effect on June 8, 1998);
(8) section 105 of title 23, United States Code (as in
effect for fiscal years 1998 through 2004, but only in an amount
equal to $639,000,000 for each of those fiscal years);
(9) Federal-aid highway programs for which obligation
authority was made available under the Transportation Equity Act
for the 21st Century (112 Stat. 107) or subsequent Acts for
multiple years or to remain available until expended, but only
to the extent that the obligation authority has not lapsed or
been used;
(10) section 105 of title 23, United States Code (as in
effect for fiscal years 2005 through 2012, but only in an amount
equal to $639,000,000 for each of those fiscal years);
(11) section 1603 of SAFETEA-LU (23 U.S.C. 118 note; 119
Stat. 1248), to the extent that funds obligated in accordance
with that section were not subject to a limitation on
obligations at the time at which the funds were initially made
available for obligation;
(12) section 119 of title 23, United States Code (as in
effect for fiscal years 2013 through 2015, but only in an amount
equal to $639,000,000 for each of those fiscal years);
(13) section 119 of title 23, United States Code (as in
effect for fiscal years 2016 through 2021, but only in an amount
equal to $639,000,000 for each of those fiscal years); and
(14) section 119 of title 23, United States Code (but, for
fiscal years 2022 through 2026, only in an amount equal to
$639,000,000 for each of those fiscal years).
(c) Distribution of Obligation Authority.--For each of fiscal years
2022 through 2026, the Secretary--
(1) shall not distribute obligation authority provided by
subsection (a) for the fiscal year for--
(A) amounts authorized for administrative expenses
and programs by section 104(a) of title 23, United
States Code; and
[[Page 135 STAT. 452]]
(B) amounts authorized for the Bureau of
Transportation Statistics;
(2) shall not distribute an amount of obligation authority
provided by subsection (a) that is equal to the unobligated
balance of amounts--
(A) made available from the Highway Trust Fund
(other than the Mass Transit Account) for Federal-aid
highway and highway safety construction programs for
previous fiscal years the funds for which are allocated
by the Secretary (or apportioned by the Secretary under
section 202 or 204 of title 23, United States Code); and
(B) for which obligation authority was provided in a
previous fiscal year;
(3) <<NOTE: Determination.>> shall determine the proportion
that--
(A) the obligation authority provided by subsection
(a) for the fiscal year, less the aggregate of amounts
not distributed under paragraphs (1) and (2) of this
subsection; bears to
(B) the total of the sums authorized to be
appropriated for the Federal-aid highway and highway
safety construction programs (other than sums authorized
to be appropriated for provisions of law described in
paragraphs (1) through (13) of subsection (b) and sums
authorized to be appropriated for section 119 of title
23, United States Code, equal to the amount referred to
in subsection (b)(14) for the fiscal year), less the
aggregate of the amounts not distributed under
paragraphs (1) and (2) of this subsection;
(4) shall distribute the obligation authority provided by
subsection (a), less the aggregate amounts not distributed under
paragraphs (1) and (2), for each of the programs (other than
programs to which paragraph (1) applies) that are allocated by
the Secretary under this division and title 23, United States
Code, or apportioned by the Secretary under section 202 or 204
of that title, by multiplying--
(A) the proportion determined under paragraph (3);
by
(B) the amounts authorized to be appropriated for
each such program for the fiscal year; and
(5) shall distribute the obligation authority provided by
subsection (a), less the aggregate amounts not distributed under
paragraphs (1) and (2) and the amounts distributed under
paragraph (4), for Federal-aid highway and highway safety
construction programs that are apportioned by the Secretary
under title 23, United States Code (other than the amounts
apportioned for the national highway performance program in
section 119 of title 23, United States Code, that are exempt
from the limitation under subsection (b)(14) and the amounts
apportioned under sections 202 and 204 of that title) in the
proportion that--
(A) amounts authorized to be appropriated for the
programs that are apportioned under title 23, United
States Code, to each State for the fiscal year; bears to
(B) the total of the amounts authorized to be
appropriated for the programs that are apportioned under
title 23, United States Code, to all States for the
fiscal year.
[[Page 135 STAT. 453]]
(d) <<NOTE: Effective dates.>> Redistribution of Unused Obligation
Authority.--Notwithstanding subsection (c), the Secretary shall, after
August 1 of each of fiscal years 2022 through 2026--
(1) <<NOTE: Revision.>> revise a distribution of the
obligation authority made available under subsection (c) if an
amount distributed cannot be obligated during that fiscal year;
and
(2) redistribute sufficient amounts to those States able to
obligate amounts in addition to those previously distributed
during that fiscal year, giving priority to those States having
large unobligated balances of funds apportioned under sections
144 (as in effect on the day before the date of enactment of
MAP-21 (Public Law 112-141; 126 Stat. 405)) and 104 of title 23,
United States Code.
(e) Applicability of Obligation Limitations to Transportation
Research Programs.--
(1) In general.--Except as provided in paragraph (2),
obligation limitations imposed by subsection (a) shall apply to
contract authority for transportation research programs carried
out under chapter 5 of title 23, United States Code.
(2) Exception.--Obligation authority made available under
paragraph (1) shall--
(A) remain available for a period of 4 fiscal years;
and
(B) be in addition to the amount of any limitation
imposed on obligations for Federal-aid highway and
highway safety construction programs for future fiscal
years.
(f) Redistribution of Certain Authorized Funds.--
(1) <<NOTE: Deadlines.>> In general.--Not later than 30
days after the date of distribution of obligation authority
under subsection (c) for each of fiscal years 2022 through 2026,
the Secretary shall distribute to the States any funds
(excluding funds authorized for the program under section 202 of
title 23, United States Code) that--
(A) are authorized to be appropriated for the fiscal
year for Federal-aid highway programs; and
(B) <<NOTE: Determination.>> the Secretary
determines will not be allocated to the States (or will
not be apportioned to the States under section 204 of
title 23, United States Code), and will not be available
for obligation, for the fiscal year because of the
imposition of any obligation limitation for the fiscal
year.
(2) Ratio.--Funds shall be distributed under paragraph (1)
in the same proportion as the distribution of obligation
authority under subsection (c)(5).
(3) Availability.--Funds distributed to each State under
paragraph (1) shall be available for any purpose described in
section 133(b) of title 23, United States Code.
SEC. 11103. DEFINITIONS.
Section 101(a) of title 23, United States Code, is amended--
(1) in paragraph (4)--
(A) in subparagraph (A), by inserting ``assessing
resilience,'' after ``surveying,'';
(B) in subparagraph (G), by striking ``and'' at the
end;
(C) by redesignating subparagraph (H) as
subparagraph (I); and
(D) by inserting after subparagraph (G) the
following:
[[Page 135 STAT. 454]]
``(H) improvements that reduce the number of
wildlife-vehicle collisions, such as wildlife crossing
structures; and'';
(2) by redesignating paragraphs (17) through (34) as
paragraphs (18), (19), (20), (21), (22), (23), (25), (26), (27),
(28), (29), (30), (31), (32), (33), (34), (35), and (36),
respectively;
(3) by inserting after paragraph (16) the following:
``(17) Natural infrastructure.--The term `natural
infrastructure' means infrastructure that uses, restores, or
emulates natural ecological processes and--
``(A) is created through the action of natural
physical, geological, biological, and chemical processes
over time;
``(B) is created by human design, engineering, and
construction to emulate or act in concert with natural
processes; or
``(C) involves the use of plants, soils, and other
natural features, including through the creation,
restoration, or preservation of vegetated areas using
materials appropriate to the region to manage stormwater
and runoff, to attenuate flooding and storm surges, and
for other related purposes.'';
(4) by inserting after paragraph (23) (as so redesignated)
the following:
``(24) Resilience.--The term `resilience', with respect to a
project, means a project with the ability to anticipate, prepare
for, or adapt to conditions or withstand, respond to, or recover
rapidly from disruptions, including the ability--
``(A)(i) to resist hazards or withstand impacts from
weather events and natural disasters; or
``(ii) to reduce the magnitude or duration of
impacts of a disruptive weather event or natural
disaster on a project; and
``(B) to have the absorptive capacity, adaptive
capacity, and recoverability to decrease project
vulnerability to weather events or other natural
disasters.''; and
(5) in subparagraph (A) of paragraph (32) (as so
redesignated)--
(A) by striking the period at the end and inserting
``; and'';
(B) by striking ``through the implementation'' and
inserting the following: ``through--
``(i) the implementation''; and
(C) by adding at the end the following:
``(ii) the consideration of incorporating
natural infrastructure.''.
SEC. 11104. APPORTIONMENT.
(a) Administrative Expenses.--Section 104(a)(1) of title 23, United
States Code, is amended by striking subparagraphs (A) through (E) and
inserting the following:
``(A) $490,964,697 for fiscal year 2022;
``(B) $500,783,991 for fiscal year 2023;
``(C) $510,799,671 for fiscal year 2024;
``(D) $521,015,664 for fiscal year 2025; and
``(E) $531,435,977 for fiscal year 2026.''.
(b) Division Among Programs of State Share.--Section 104(b) of title
23, United States Code, is amended in subsection (b)--
[[Page 135 STAT. 455]]
(1) in the matter preceding paragraph (1), by inserting
``the carbon reduction program under section 175, to carry out
subsection (c) of the PROTECT program under section 176,''
before ``and to carry out section 134'';
(2) in paragraph (1), by striking ``63.7 percent'' and
inserting ``59.0771195921461 percent'';
(3) in paragraph (2), by striking ``29.3 percent'' and
inserting ``28.7402203421251 percent'';
(4) in paragraph (3), by striking ``7 percent'' and
inserting ``6.70605141316253 percent'';
(5) by striking paragraph (4) and inserting the following:
``(4) Congestion mitigation and air quality improvement
program.--
``(A) In general.--For the congestion mitigation and
air quality improvement program, an amount determined
for the State under subparagraphs (B) and (C).
``(B) Total amount.--The total amount for the
congestion mitigation and air quality improvement
program for all States shall be--
``(i) $2,536,490,803 for fiscal year 2022;
``(ii) $2,587,220,620 for fiscal year 2023;
``(iii) $2,638,965,032 for fiscal year 2024;
``(iv) $2,691,744,332 for fiscal year 2025;
and
``(v) $2,745,579,213 for fiscal year 2026.
``(C) State share.--For each fiscal year, the
Secretary shall distribute among the States the total
amount for the congestion mitigation and air quality
improvement program under subparagraph (B) so that each
State receives an amount equal to the proportion that--
``(i) the amount apportioned to the State for
the congestion mitigation and air quality
improvement program for fiscal year 2020; bears to
``(ii) the total amount of funds apportioned
to all States for that program for fiscal year
2020.'';
(6) in paragraph (5)--
(A) by striking subparagraph (B) and inserting the
following:
``(B) Total amount.--The total amount set aside for
the national highway freight program for all States
shall be--
``(i) $1,373,932,519 for fiscal year 2022;
``(ii) $1,401,411,169 for fiscal year 2023;
``(iii) $1,429,439,392 for fiscal year 2024;
``(iv) $1,458,028,180 for fiscal year 2025;
and
``(v) $1,487,188,740 for fiscal year 2026.'';
and
(B) by striking subparagraph (D); and
(7) by striking paragraph (6) and inserting the following:
``(6) Metropolitan planning.--
``(A) In general.--To carry out section 134, an
amount determined for the State under subparagraphs (B)
and (C).
``(B) Total amount.--The total amount for
metropolitan planning for all States shall be--
``(i) $ 438,121,139 for fiscal year 2022;
``(ii) $446,883,562 for fiscal year 2023;
``(iii) $455,821,233 for fiscal year 2024;
``(iv) $464,937,657 for fiscal year 2025; and
[[Page 135 STAT. 456]]
``(v) $474,236,409 for fiscal year 2026.
``(C) State share.--For each fiscal year, the
Secretary shall distribute among the States the total
amount to carry out section 134 under subparagraph (B)
so that each State receives an amount equal to the
proportion that--
``(i) the amount apportioned to the State to
carry out section 134 for fiscal year 2020; bears
to
``(ii) the total amount of funds apportioned
to all States to carry out section 134 for fiscal
year 2020.
``(7) Carbon reduction program.--For the carbon reduction
program under section 175, 2.56266964565637 percent of the
amount remaining after distributing amounts under paragraphs
(4), (5), and (6).
``(8) PROTECT formula program.--To carry out subsection (c)
of the PROTECT program under section 176, 2.91393900690991
percent of the amount remaining after distributing amounts under
paragraphs (4), (5), and (6).''.
(c) Calculation of Amounts.--Section 104(c) of title 23, United
States Code, is amended--
(1) in paragraph (1)--
(A) in the matter preceding subparagraph (A), by
striking ``each of fiscal years 2016 through 2020'' and
inserting ``fiscal year 2022 and each fiscal year
thereafter'';
(B) in subparagraph (A)--
(i) by striking clause (i) and inserting the
following:
``(i) the base apportionment; by''; and
(ii) in clause (ii)(I), by striking ``fiscal
year 2015'' and inserting ``fiscal year 2021'';
and
(C) by striking subparagraph (B) and inserting the
following:
``(B) Guaranteed amounts.--The initial amounts
resulting from the calculation under subparagraph (A)
shall be adjusted to ensure that each State receives an
aggregate apportionment that is--
``(i) equal to at least 95 percent of the
estimated tax payments paid into the Highway Trust
Fund (other than the Mass Transit Account) in the
most recent fiscal year for which data are
available that are--
``(I) attributable to highway users
in the State; and
``(II) associated with taxes in
effect on July 1, 2019, and only up to
the rate those taxes were in effect on
that date;
``(ii) at least 2 percent greater than the
apportionment that the State received for fiscal
year 2021; and
``(iii) at least 1 percent greater than the
apportionment that the State received for the
previous fiscal year.''; and
(2) in paragraph (2)--
(A) by striking ``fiscal years 2016 through 2020''
and inserting ``fiscal year 2022 and each fiscal year
thereafter''; and
(B) by inserting ``the carbon reduction program
under section 175, to carry out subsection (c) of the
PROTECT program under section 176,'' before ``and to
carry out section 134''.
[[Page 135 STAT. 457]]
(d) Metropolitan Planning.--Section 104(d)(1)(A) of title 23, United
States Code, is amended by striking ``paragraphs (5)(D) and (6) of
subsection (b)'' each place it appears and inserting ``subsection
(b)(6)''.
(e) Supplemental Funds.--Section 104 of title 23, United States
Code, is amended by striking subsection (h).
(f) Base Apportionment Defined.--Section 104 of title 23, United
States Code, is amended--
(1) by redesignating subsection (i) as subsection (h); and
(2) in subsection (h) (as so redesignated)--
(A) by striking ``means'' in the matter preceding
paragraph (1) and all that follows through ``the
combined amount'' in paragraph (1) and inserting ``means
the combined amount'';
(B) by striking ``and to carry out section 134;
minus'' and inserting ``the carbon reduction program
under section 175, to carry out subsection (c) of the
PROTECT program under section 176, and to carry out
section 134.''; and
(C) by striking paragraph (2).
SEC. 11105. NATIONAL HIGHWAY PERFORMANCE PROGRAM.
Section 119 of title 23, United States Code, is amended--
(1) in subsection (b)--
(A) in paragraph (2), by striking ``and'' at the
end;
(B) in paragraph (3), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(4) to provide support for activities to increase the
resiliency of the National Highway System to mitigate the cost
of damages from sea level rise, extreme weather events,
flooding, wildfires, or other natural disasters.'';
(2) in subsection (d)(2), by adding at the end the
following:
``(Q) Undergrounding public utility infrastructure
carried out in conjunction with a project otherwise
eligible under this section.
``(R) Resiliency improvements on the National
Highway System, including protective features described
in subsection (k)(2).
``(S) Implement activities to protect segments of
the National Highway System from cybersecurity
threats.'';
(3) in subsection (e)(4)(D), by striking ``analysis'' and
inserting ``analyses, both of which shall take into
consideration extreme weather and resilience''; and
(4) by adding at the end the following:
``(k) Protective Features.--
``(1) In general.--A State may use not more than 15 percent
of the funds apportioned to the State under section 104(b)(1)
for each fiscal year for 1 or more protective features on a
Federal-aid highway or bridge not on the National Highway
System, if the protective feature is designed to mitigate the
risk of recurring damage or the cost of future repairs from
extreme weather events, flooding, or other natural disasters.
``(2) Protective features described.--A protective feature
referred to in paragraph (1) includes--
``(A) raising roadway grades;
[[Page 135 STAT. 458]]
``(B) relocating roadways in a base floodplain to
higher ground above projected flood elevation levels or
away from slide prone areas;
``(C) stabilizing slide areas;
``(D) stabilizing slopes;
``(E) lengthening or raising bridges to increase
waterway openings;
``(F) increasing the size or number of drainage
structures;
``(G) replacing culverts with bridges or upsizing
culverts;
``(H) installing seismic retrofits on bridges;
``(I) adding scour protection at bridges, installing
riprap, or adding other scour, stream stability,
coastal, or other hydraulic countermeasures, including
spur dikes; and
``(J) the use of natural infrastructure to mitigate
the risk of recurring damage or the cost of future
repair from extreme weather events, flooding, or other
natural disasters.
``(3) Savings provision.--Nothing in this subsection limits
the ability of a State to carry out a project otherwise eligible
under subsection (d) using funds apportioned under section
104(b)(1).''.
SEC. 11106. EMERGENCY RELIEF.
Section 125 of title 23, United States Code, is amended--
(1) in subsection (a)(1), by inserting ``wildfire,'' after
``severe storm,'';
(2) by striking subsection (b) and inserting the following:
``(b) Restriction on Eligibility.--Funds under this section shall
not be used for the repair or reconstruction of a bridge that has been
permanently closed to all vehicular traffic by the State or responsible
local official because of imminent danger of collapse due to a
structural deficiency or physical deterioration.''; and
(3) in subsection (d)--
(A) in paragraph (2)(A)--
(i) by striking the period at the end and
inserting ``; and'';
(ii) by striking ``a facility that meets the
current'' and inserting the following: ``a
facility that--
``(i) meets the current''; and
(iii) by adding at the end the following:
``(ii) incorporates economically justifiable
improvements that will mitigate the risk of
recurring damage from extreme weather, flooding,
and other natural disasters.'';
(B) by redesignating paragraph (3) as paragraph (4);
and
(C) by inserting after paragraph (2) the following:
``(3) Protective features.--
``(A) In general.--The cost of an improvement that
is part of a project under this section shall be an
eligible expense under this section if the improvement
is a protective feature that will mitigate the risk of
recurring damage or the cost of future repair from
extreme weather, flooding, and other natural disasters.
[[Page 135 STAT. 459]]
``(B) Protective features described.--A protective
feature referred to in subparagraph (A) includes--
``(i) raising roadway grades;
``(ii) relocating roadways in a floodplain to
higher ground above projected flood elevation
levels or away from slide prone areas;
``(iii) stabilizing slide areas;
``(iv) stabilizing slopes;
``(v) lengthening or raising bridges to
increase waterway openings;
``(vi) increasing the size or number of
drainage structures;
``(vii) replacing culverts with bridges or
upsizing culverts;
``(viii) installing seismic retrofits on
bridges;
``(ix) adding scour protection at bridges,
installing riprap, or adding other scour, stream
stability, coastal, or other hydraulic
countermeasures, including spur dikes; and
``(x) the use of natural infrastructure to
mitigate the risk of recurring damage or the cost
of future repair from extreme weather, flooding,
and other natural disasters.''.
SEC. 11107. FEDERAL SHARE PAYABLE.
Section 120 of title 23, United States Code, is amended--
(1) in subsection (c)--
(A) in paragraph (1), in the first sentence, by
inserting ``vehicle-to-infrastructure communication
equipment,'' after ``breakaway utility poles,'';
(B) in subparagraph (3)(B)--
(i) in clause (v), by striking ``or'' at the
end;
(ii) by redesignating clause (vi) as clause
(vii); and
(iii) by inserting after clause (v) the
following:
``(vi) contractual provisions that provide
safety contingency funds to incorporate safety
enhancements to work zones prior to or during
roadway construction activities; or''; and
(C) by adding at the end the following:
``(4) <<NOTE: Waiver authority.>> Pooled funding.--
Notwithstanding any other provision of law, the Secretary may
waive the non-Federal share of the cost of a project or activity
under section 502(b)(6) that is carried out with amounts
apportioned under section 104(b)(2) after considering
appropriate factors, including whether--
``(A) decreasing or eliminating the non-Federal
share would best serve the interests of the Federal-aid
highway program; and
``(B) the project or activity addresses national or
regional high priority research, development, and
technology transfer problems in a manner that would
benefit multiple States or metropolitan planning
organizations.'';
(2) in subsection (e)--
(A) in paragraph (1), by striking ``180 days'' and
inserting ``270 days''; and
(B) in paragraph (4), by striking ``permanent''; and
(3) by adding at the end the following:
``(l) Federal Share Flexibility Pilot Program.--
[[Page 135 STAT. 460]]
``(1) <<NOTE: Deadline.>> Establishment.--Not later than
180 days after the date of enactment of the Surface
Transportation Reauthorization Act of 2021, the Secretary shall
establish a pilot program (referred to in this subsection as the
`pilot program') to give States additional flexibility with
respect to the Federal requirements under this section.
``(2) Program.--
``(A) In general.--Notwithstanding any other
provision of law, a State participating in the pilot
program (referred to in this subsection as a
`participating State') may determine the Federal share
on a project, multiple-project, or program basis for
projects under any of the following:
``(i) The national highway performance program
under section 119.
``(ii) The surface transportation block grant
program under section 133.
``(iii) The highway safety improvement program
under section 148.
``(iv) The congestion mitigation and air
quality improvement program under section 149.
``(v) The national highway freight program
under section 167.
``(vi) The carbon reduction program under
section 175.
``(vii) Subsection (c) of the PROTECT program
under section 176.
``(B) Requirements.--
``(i) Maximum federal share.--Subject to
clause (iii), the Federal share of the cost of an
individual project carried out under a program
described in subparagraph (A) by a participating
State and to which the participating State is
applying the Federal share requirements under the
pilot program may be up to 100 percent.
``(ii) Minimum federal share.--No individual
project carried out under a program described in
subparagraph (A) by a participating State and to
which the participating State is applying the
Federal share requirements under the pilot program
shall have a Federal share of 0 percent.
``(iii) Determination.--The average annual
Federal share of the total cost of all projects
authorized under a program described in
subparagraph (A) to which a participating State is
applying the Federal share requirements under the
pilot program shall be not more than the average
of the maximum Federal share of those projects if
those projects were not carried out under the
pilot program.
``(C) Selection.--
``(i) Application.--A State seeking to be a
participating State shall--
``(I) submit to the Secretary an
application in such form, at such time,
and containing such information as the
Secretary may require; and
``(II) have in place adequate
financial controls to allow the State to
determine the average annual
[[Page 135 STAT. 461]]
Federal share requirements under the
pilot program.
``(ii) Requirement.--For each of fiscal years
2022 through 2026, the Secretary shall select not
more than 10 States to be participating States.''.
SEC. 11108. RAILWAY-HIGHWAY GRADE CROSSINGS.
(a) In General.--Section 130(e) of title 23, United States Code, is
amended--
(1) in the heading, by striking ``Protective Devices'' and
inserting ``Railway-Highway Grade Crossings''; and
(2) in paragraph (1)--
(A) in subparagraph (A), by striking ``and the
installation of protective devices at railway-highway
crossings'' in the matter preceding clause (i) and all
that follows through ``2020.'' in clause (v) and
inserting the following: ``, the installation of
protective devices at railway-highway crossings, the
replacement of functionally obsolete warning devices,
and as described in subparagraph (B), not less than
$245,000,000 for each of fiscal years 2022 through
2026.''; and
(B) by striking subparagraph (B) and inserting the
following:
``(B) Reducing trespassing fatalities and
injuries.--A State may use funds set aside under
subparagraph (A) for projects to reduce pedestrian
fatalities and injuries from trespassing at grade
crossings.''.
(b) Federal Share.--Section 130(f)(3) of title 23, United States
Code, is amended by striking ``90 percent'' and inserting ``100
percent''.
(c) Incentive Payments for At-grade Crossing Closures.--Section
130(i)(3)(B) of title 23, United States Code, is amended by striking
``$7,500'' and inserting ``$100,000''.
(d) Expenditure of Funds.--Section 130(k) of title 23, United States
Code, is amended by striking ``2 percent'' and inserting ``8 percent''.
(e) <<NOTE: Reports. Analysis.>> GAO Study.--Not later than 3 years
after the date of enactment of this Act, the Comptroller General of the
United States shall submit to Congress a report that includes an
analysis of the effectiveness of the railway-highway crossings program
under section 130 of title 23, United States Code.
(f) Sense of Congress Relating to Trespasser Deaths Along Railroad
Rights-of-way.--It is the sense of Congress that the Department should,
where feasible, coordinate departmental efforts to prevent or reduce
trespasser deaths along railroad rights-of-way and at or near railway-
highway crossings.
SEC. 11109. SURFACE TRANSPORTATION BLOCK GRANT PROGRAM.
(a) In General.--Section 133 of title 23, United States Code, is
amended--
(1) in subsection (b)--
(A) in paragraph (1)--
(i) in subparagraph (B)--
(I) by adding ``or'' at the end;
(II) by striking ``facilities
eligible'' and inserting the following:
``facilities--
``(i) that are eligible''; and
(III) by adding at the end the
following:
[[Page 135 STAT. 462]]
``(ii) <<NOTE: Determination.>> that are
privately or majority-privately owned, but that
the Secretary determines provide a substantial
public transportation benefit or otherwise meet
the foremost needs of the surface transportation
system described in section 101(b)(3)(D);'';
(ii) in subparagraph (E), by striking ``and''
at the end;
(iii) in subparagraph (F), by striking the
period at the end and inserting ``; and''; and
(iv) by adding at the end the following:
``(G) wildlife crossing structures.'';
(B) in paragraph (3), by inserting
``148(a)(4)(B)(xvii),'' after ``119(g),'';
(C) by redesignating paragraphs (4) through (15) as
paragraphs (5), (6), (7), (8), (9), (10), (11), (12),
(13), (20), (21), and (22), respectively;
(D) in paragraph (5) (as so redesignated), by
striking ``railway-highway grade crossings'' and
inserting ``projects eligible under section 130 and
installation of safety barriers and nets on bridges'';
(E) in paragraph (7) (as so redesignated)--
(i) by inserting ``including the maintenance
and restoration of existing recreational trails,''
after ``section 206''; and
(ii) by striking ``the safe routes to school
program under section 1404 of SAFETEA-LU (23
U.S.C. 402 note)'' and inserting ``the safe routes
to school program under section 208'';
(F) by inserting after paragraph (13) (as so
redesignated) the following:
``(14) Projects and strategies designed to reduce the number
of wildlife-vehicle collisions, including project-related
planning, design, construction, monitoring, and preventative
maintenance.
``(15) The installation of electric vehicle charging
infrastructure and vehicle-to-grid infrastructure.
``(16) The installation and deployment of current and
emerging intelligent transportation technologies, including the
ability of vehicles to communicate with infrastructure,
buildings, and other road users.
``(17) Planning and construction of projects that facilitate
intermodal connections between emerging transportation
technologies, such as magnetic levitation and hyperloop.
``(18) Protective features, including natural
infrastructure, to enhance the resilience of a transportation
facility otherwise eligible for assistance under this section.
``(19) Measures to protect a transportation facility
otherwise eligible for assistance under this section from
cybersecurity threats.''; and
(G) by adding at the end the following:
``(23) Rural barge landing, dock, and waterfront
infrastructure projects in accordance with subsection (j).
``(24) Projects to enhance travel and tourism.'';
(2) in subsection (c)--
(A) in paragraph (2), by striking ``paragraphs (4)
through (11)'' and inserting ``paragraphs (5) through
(15) and paragraph (23)'';
[[Page 135 STAT. 463]]
(B) in paragraph (3), by striking ``and'' at the
end;
(C) by redesignating paragraph (4) as paragraph (5);
and
(D) by inserting after paragraph (3) the following:
``(4) for a bridge project for the replacement of a low
water crossing (as defined by the Secretary) with a bridge;
and'';
(3) in subsection (d)--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph (A),
by striking ``reservation'' and inserting ``set
aside''; and
(ii) in subparagraph (A)--
(I) in the matter preceding clause
(i), by striking ``the percentage
specified in paragraph (6) for a fiscal
year'' and inserting ``55 percent for
each of fiscal years 2022 through
2026''; and
(II) by striking clauses (ii) and
(iii) and inserting the following:
``(ii) in urbanized areas of the State with an
urbanized area population of not less than 50,000
and not more than 200,000;
``(iii) in urban areas of the State with a
population not less than 5,000 and not more than
49,999; and
``(iv) in other areas of the State with a
population less than 5,000; and'';
(B) by striking paragraph (3) and inserting the
following:
``(3) Local consultation.--
``(A) Consultation with metropolitan planning
organizations.--For purposes of clause (ii) of paragraph
(1)(A), a State shall--
``(i) establish a process to consult with all
metropolitan planning organizations in the State
that represent an urbanized area described in that
clause; and
``(ii) describe how funds allocated for areas
described in that clause will be allocated
equitably among the applicable urbanized areas
during the period of fiscal years 2022 through
2026.
``(B) Consultation with regional transportation
planning organizations.--For purposes of clauses (iii)
and (iv) of paragraph (1)(A), before obligating funding
attributed to an area with a population less than
50,000, a State shall consult with the regional
transportation planning organizations that represent the
area, if any.''; and
(C) by striking paragraph (6);
(4) in subsection (e)(1), in the matter preceding
subparagraph (A), by striking ``fiscal years 2016 through 2020''
and inserting ``fiscal years 2022 through 2026'';
(5) in subsection (f)--
(A) in paragraph (1)--
(i) by inserting ``or low water crossing (as
defined by the Secretary)'' after ``a highway
bridge''; and
(ii) by inserting ``or low water crossing (as
defined by the Secretary)'' after ``other than a
bridge'';
(B) in paragraph (2)(A)--
(i) by striking ``activities described in
subsection (b)(2) for off-system bridges'' and
inserting ``activities
[[Page 135 STAT. 464]]
described in paragraphs (1)(A) and (10) of
subsection (b) for off-system bridges, projects
and activities described in subsection (b)(1)(A)
for the replacement of low water crossings with
bridges, and projects and activities described in
subsection (b)(10) for low water crossings (as
defined by the Secretary),''; and
(ii) by striking ``15 percent'' and inserting
``20 percent''; and
(C) in paragraph (3), in the matter preceding
subparagraph (A)--
(i) by striking ``bridge or rehabilitation of
a bridge'' and inserting ``bridge, rehabilitation
of a bridge, or replacement of a low water
crossing (as defined by the Secretary) with a
bridge''; and
(ii) <<NOTE: Determination.>> by inserting
``or, in the case of a replacement of a low water
crossing with a bridge, is determined by the
Secretary on completion to have improved the
safety of the location'' after ``no longer a
deficient bridge'';
(6) in subsection (g)--
(A) in the subsection heading, by striking ``Less
Than 5,000'' and inserting ``Less Than 50,000''; and
(B) by striking paragraph (1) and inserting the
following:
``(1) In general.--Notwithstanding subsection (c), and
except as provided in paragraph (2), up to 15 percent of the
amounts required to be obligated by a State under clauses (iii)
and (iv) of subsection (d)(1)(A) for each fiscal year may be
obligated on--
``(A) roads functionally classified as rural minor
collectors or local roads; or
``(B) on critical rural freight corridors designated
under section 167(e).''; and
(7) by adding at the end the following:
``(j) Rural Barge Landing, Dock, and Waterfront Infrastructure
Projects.--
``(1) In general.--A State may use not more than 5 percent
of the funds apportioned to the State under section 104(b)(2)
for eligible rural barge landing, dock, and waterfront
infrastructure projects described in paragraph (2).
``(2) Eligible projects.--An eligible rural barge landing,
dock, or waterfront infrastructure project referred to in
paragraph (1) is a project for the planning, designing,
engineering, or construction of a barge landing, dock, or other
waterfront infrastructure in a rural community or a Native
village (as defined in section 3 of the Alaska Native Claims
Settlement Act (43 U.S.C. 1602)) that is off the road system.
``(k) Projects in Rural Areas.--
``(1) Set aside.--Notwithstanding subsection (c), in
addition to the activities described in subsections (b) and (g),
of the amounts apportioned to a State for each fiscal year to
carry out this section, not more than 15 percent may be--
``(A) used on eligible projects under subsection (b)
or maintenance activities on roads functionally
classified as rural minor collectors or local roads, ice
roads, or seasonal roads; or
``(B) transferred to--
[[Page 135 STAT. 465]]
``(i) the Appalachian Highway System Program
under 14501 of title 40; or
``(ii) the Denali access system program under
section 309 of the Denali Commission Act of 1998
(42 U.S.C. 3121 note; Public Law 105-277).
``(2) Savings clause.--Amounts allocated under subsection
(d) shall not be used to carry out this subsection, except at
the request of the applicable metropolitan planning
organization.''.
(b) Set-aside.--
(1) In general.--Section 133(h) of title 23, United States
Code, is amended--
(A) in paragraph (1)--
(i) in the heading, by striking ``Reservation
of funds'' and inserting ``In general''; and
(ii) in the matter preceding subparagraph (A),
by striking ``for each fiscal year'' and all that
follows through ``and'' at the end of subparagraph
(A)(ii) and inserting the following: ``for fiscal
year 2022 and each fiscal year thereafter--
``(A) the Secretary shall set aside an amount equal
to 10 percent to carry out this subsection; and'';
(B) by striking paragraph (2) and inserting the
following:
``(2) Allocation within a state.--
``(A) In general.--Except as provided in
subparagraph (B), funds set aside for a State under
paragraph (1) shall be obligated within that State in
the manner described in subsection (d), except that, for
purposes of this paragraph (after funds are made
available under paragraph (5))--
``(i) for fiscal year 2022 and each fiscal
year thereafter, the percentage referred to in
paragraph (1)(A) of that subsection shall be
deemed to be 59 percent; and
``(ii) paragraph (3) of subsection (d) shall
not apply.
``(B) Local control.--A State may allocate up to 100
percent of the funds referred to in subparagraph (A)(i)
if--
``(i) <<NOTE: Plan.>> the State submits to
the Secretary a plan that describes--
``(I) how funds will be allocated to
counties, metropolitan planning
organizations, regional transportation
planning organizations as described in
section 135(m), or local governments;
``(II) how the entities described in
subclause (I) will carry out a
competitive process to select projects
for funding and report selected projects
to the State;
``(III) the legal, financial, and
technical capacity of the entities
described in subclause (I);
``(IV) how input was gathered from
the entities described in subclause (I)
to ensure those entities will be able to
comply with the requirements of this
subsection; and
``(V) how the State will comply with
paragraph (8); and
[[Page 135 STAT. 466]]
``(ii) the Secretary approves the plan
submitted under clause (i).'';
(C) by striking paragraph (3) and inserting the
following:
``(3) Eligible projects.--Funds set aside under this
subsection may be obligated for--
``(A) projects or activities described in section
101(a)(29) or 213, as those provisions were in effect on
the day before the date of enactment of the FAST Act
(Public Law 114-94; 129 Stat. 1312);
``(B) projects and activities under the safe routes
to school program under section 208; and
``(C) activities in furtherance of a vulnerable road
user safety assessment (as defined in section
148(a)).'';
(D) in paragraph (4)--
(i) by striking subparagraph (A);
(ii) by redesignating subparagraph (B) as
subparagraph (A);
(iii) in subparagraph (A) (as so
redesignated)--
(I) by redesignating clauses (vii)
and (viii) as clauses (viii) and (ix),
respectively;
(II) by inserting after clause (vi)
the following:
``(vii) a metropolitan planning organization
that serves an urbanized area with a population of
200,000 or fewer;'';
(III) in clause (viii) (as so
redesignated), by striking
``responsible'' and all that follows
through ``programs; and'' and inserting
a semicolon;
(IV) in clause (ix) (as so
redesignated)--
(aa) by inserting ``that
serves an urbanized area with a
population of over 200,000''
after ``metropolitan planning
organization''; and
(bb) by striking the period
at the end and inserting ``;
and''; and
(V) by adding at the end the
following:
``(x) a State, at the request of an entity
described in clauses (i) through (ix).''; and
(iv) by adding at the end the following:
``(B) Competitive process.--A State or metropolitan
planning organization required to obligate funds in
accordance with paragraph (2) shall develop a
competitive process to allow eligible entities to submit
projects for funding that achieve the objectives of this
subsection.
``(C) Selection.--A metropolitan planning
organization for an area described in subsection
(d)(1)(A)(i) shall select projects under the competitive
process described in subparagraph (B) in consultation
with the relevant State.
``(D) Prioritization.--The competitive process
described in subparagraph (B) shall include
prioritization of project location and impact in high-
need areas as defined by the State, such as low-income,
transit-dependent, rural, or other areas.'';
(E) in paragraph (5)(A), by striking ``reserved
under this section'' and inserting ``set aside under
this subsection'';
(F) in paragraph (6)--
(i) in subparagraph (B), by striking
``reserved'' and inserting ``set aside''; and
[[Page 135 STAT. 467]]
(ii) by adding at the end the following:
``(C) Improving accessibility and efficiency.--
``(i) In general.--A State may use an amount
equal to not more than 5 percent of the funds set
aside for the State under this subsection, after
allocating funds in accordance with paragraph
(2)(A), to improve the ability of applicants to
access funding for projects under this subsection
in an efficient and expeditious manner by
providing--
``(I) to applicants for projects
under this subsection application
assistance, technical assistance, and
assistance in reducing the period of
time between the selection of the
project and the obligation of funds for
the project; and
``(II) funding for 1 or more full-
time State employee positions to
administer this subsection.
``(ii) Use of funds.--Amounts used under
clause (i) may be expended--
``(I) directly by the State; or
``(II) through contracts with State
agencies, private entities, or nonprofit
entities.'';
(G) by redesignating paragraph (7) as paragraph (8);
(H) by inserting after paragraph (6) the following:
``(7) Federal share.--
``(A) Required aggregate non-federal share.--The
average annual non-Federal share of the total cost of
all projects for which funds are obligated under this
subsection in a State for a fiscal year shall be not
less than the average non-Federal share of the cost of
the projects that would otherwise apply.
``(B) Flexible financing.--Subject to subparagraph
(A), notwithstanding section 120--
``(i) funds made available to carry out
section 148 may be credited toward the non-Federal
share of the costs of a project under this
subsection if the project--
``(I) is an eligible project
described in section 148(e)(1); and
``(II) is consistent with the State
strategic highway safety plan (as
defined in section 148(a));
``(ii) the non-Federal share for a project
under this subsection may be calculated on a
project, multiple-project, or program basis; and
``(iii) the Federal share of the cost of an
individual project in this section may be up to
100 percent.
``(C) <<NOTE: Applicability. Certification.>>
Requirement.--Subparagraph (B) shall only apply to a
State if the State has adequate financial controls, as
certified by the Secretary, to account for the average
annual non-Federal share under this paragraph.''; and
(I) in subparagraph (A) of paragraph (8) (as so
redesignated)--
(i) in the matter preceding clause (i), by
striking ``describes'' and inserting ``includes'';
and
(ii) by striking clause (ii) and inserting the
following:
``(ii) a list of each project selected for
funding for each fiscal year, including, for each
project--
[[Page 135 STAT. 468]]
``(I) the fiscal year during which
the project was selected;
``(II) the fiscal year in which the
project is anticipated to be funded;
``(III) the recipient;
``(IV) the location, including the
congressional district;
``(V) the type;
``(VI) the cost; and
``(VII) a brief description.''.
(2) State transferability.--Section 126(b)(2) of title 23,
United States Code, is amended--
(A) by striking the period at the end and inserting
``; and'';
(B) by striking ``reserved for a State under section
133(h) for a fiscal year may'' and inserting the
following: ``set aside for a State under section 133(h)
for a fiscal year--
``(A) may''; and
(C) by adding at the end the following:
``(B) <<NOTE: Certification.>> may only be
transferred if the Secretary certifies that the State--
``(i) held a competition in compliance with
the guidance issued to carry out section 133(h)
and provided sufficient time for applicants to
apply;
``(ii) offered to each eligible entity, and
provided on request of an eligible entity,
technical assistance; and
``(iii) demonstrates that there were not
sufficiently suitable applications from eligible
entities to use the funds to be transferred.''.
SEC. 11110. NATIONALLY SIGNIFICANT FREIGHT AND HIGHWAY PROJECTS.
(a) In General.--Section 117 of title 23, United States Code, is
amended--
(1) in the section heading, by inserting ``multimodal''
before ``freight'';
(2) in subsection (a)(2)--
(A) in subparagraph (A), by inserting ``in and
across rural and urban areas'' after ``people'';
(B) in subparagraph (C), by inserting ``or freight''
after ``highway'';
(C) in subparagraph (E), by inserting ``or freight''
after ``highway''; and
(D) in subparagraph (F), by inserting ``, including
highways that support movement of energy equipment''
after ``security'';
(3) in subsection (b), by adding at the end the following:
``(3) Grant administration.--The Secretary may--
``(A) <<NOTE: Reviews.>> retain not more than a
total of 2 percent of the funds made available to carry
out this section for the National Surface Transportation
and Innovative Finance Bureau to review applications for
grants under this section; and
``(B) <<NOTE: Transfer authority.>> transfer
portions of the funds retained under subparagraph (A) to
the relevant Administrators to fund
[[Page 135 STAT. 469]]
the award and oversight of grants provided under this
section.'';
(4) in subsection (c)(1)--
(A) by redesignating subparagraph (H) as
subparagraph (I); and
(B) by inserting after subparagraph (G) the
following:
``(H) A multistate corridor organization.'';
(5) in subsection (d)--
(A) in paragraph (1)(A)--
(i) in clause (iii)(II), by striking ``or'' at
the end;
(ii) in clause (iv), by striking ``and'' at
the end; and
(iii) by adding at the end the following:
``(v) a wildlife crossing project;
``(vi) a surface transportation infrastructure
project that--
``(I) is located within the
boundaries of or functionally connected
to an international border crossing area
in the United States;
``(II) improves a transportation
facility owned by a Federal, State, or
local government entity; and
``(III) increases throughput
efficiency of the border crossing
described in subclause (I), including--
``(aa) a project to add
lanes;
``(bb) a project to add
technology; and
``(cc) other surface
transportation improvements;
``(vii) <<NOTE: Determination.>> a project
for a marine highway corridor designated by the
Secretary under section 55601(c) of title 46
(including an inland waterway corridor), if the
Secretary determines that the project--
``(I) is functionally connected to
the National Highway Freight Network;
and
``(II) is likely to reduce on-road
mobile source emissions; or
``(viii) a highway, bridge, or freight project
carried out on the National Multimodal Freight
Network established under section 70103 of title
49; and''; and
(B) in paragraph (2)(A), in the matter preceding
clause (i)--
(i) by striking ``$600,000,000'' and inserting
``30 percent''; and
(ii) by striking ``fiscal years 2016 through
2020, in the aggregate,'' and inserting ``each of
fiscal years 2022 through 2026'';
(6) in subsection (e)--
(A) in paragraph (1), by striking ``10 percent'' and
inserting ``not less than 15 percent'';
(B) in paragraph (3)--
(i) in subparagraph (A), by striking ``and''
at the end;
(ii) in subparagraph (B), by striking the
period at the end and inserting ``; and''; and
(iii) by adding at the end the following:
[[Page 135 STAT. 470]]
``(C) the effect of the proposed project on safety
on freight corridors with significant hazards, such as
high winds, heavy snowfall, flooding, rockslides,
mudslides, wildfire, wildlife crossing onto the roadway,
or steep grades.''; and
(C) by adding at the end the following:
``(4) Requirement.--Of the amounts reserved under paragraph
(1), not less than 30 percent shall be used for projects in
rural areas (as defined in subsection (i)(3)).'';
(7) in subsection (f)(2), by inserting ``(including a
project to replace or rehabilitate a culvert, or to reduce
stormwater runoff for the purpose of improving habitat for
aquatic species)'' after ``environmental mitigation'';
(8) in subsection (h)--
(A) in paragraph (2), by striking ``and'' at the
end;
(B) in paragraph (3), by striking the period at the
end and inserting a semicolon; and
(C) by adding at the end the following:
``(4) enhancement of freight resilience to natural hazards
or disasters, including high winds, heavy snowfall, flooding,
rockslides, mudslides, wildfire, wildlife crossing onto the
roadway, or steep grades;
``(5) whether the project will improve the shared
transportation corridor of a multistate corridor organization,
if applicable; and
``(6) prioritizing projects located in States in which
neither the State nor an eligible entity in that State has been
awarded a grant under this section.'';
(9) in subsection (i)(2), by striking ``other grants under
this section'' and inserting ``grants under subsection (e)'';
(10) in subsection (j)--
(A) by striking the subsection designation and
heading and all that follows through ``The Federal
share'' in paragraph (1) and inserting the following:
``(j) Federal Assistance.--
``(1) Federal share.--
``(A) In general.--Except as provided in
subparagraph (B) or for a grant under subsection (q),
the Federal share'';
(B) in paragraph (1), by adding at the end the
following:
``(B) Small projects.--In the case of a project
described in subsection (e)(1), the Federal share of the
cost of the project shall be 80 percent.''; and
(C) in paragraph (2)--
(i) by striking ``Federal assistance other''
and inserting ``Except for grants under subsection
(q), Federal assistance other''; and
(ii) by striking ``except that the total
Federal'' and inserting the following: ``except
that--
``(A) for a State with a population density of not
more than 80 persons per square mile of land area, based
on the 2010 census, the maximum share of the total
Federal assistance provided for a project receiving a
grant under this section shall be the applicable share
under section 120(b); and
``(B) for a State not described in subparagraph (A),
the total Federal'';
[[Page 135 STAT. 471]]
(11) by redesignating subsections (k) through (n) as
subsections (l), (m), (n), and (p), respectively;
(12) by inserting after subsection (j) the following:
``(k) Efficient Use of Non-Federal Funds.--
``(1) <<NOTE: Grants.>> In general.--Notwithstanding any
other provision of law and subject to approval by the Secretary
under paragraph (2)(B), in the case of any grant for a project
under this section, during the period beginning on the date on
which the grant recipient is selected and ending on the date on
which the grant agreement is signed--
``(A) the grant recipient may obligate and expend
non-Federal funds with respect to the project for which
the grant is provided; and
``(B) any non-Federal funds obligated or expended in
accordance with subparagraph (A) shall be credited
toward the non-Federal cost share for the project for
which the grant is provided.
``(2) Requirements.--
``(A) Application.--In order to obligate and expend
non-Federal funds under paragraph (1), the grant
recipient shall submit to the Secretary a request to
obligate and expend non-Federal funds under that
paragraph, including--
``(i) a description of the activities the
grant recipient intends to fund;
``(ii) a justification for advancing the
activities described in clause (i), including an
assessment of the effects to the project scope,
schedule, and budget if the request is not
approved; and
``(iii) the level of risk of the activities
described in clause (i).
``(B) Approval.--The Secretary shall approve or
disapprove each request submitted under subparagraph
(A).
``(C) Compliance with applicable requirements.--Any
non-Federal funds obligated or expended under paragraph
(1) shall comply with all applicable requirements,
including any requirements included in the grant
agreement.
``(3) Effect.--The obligation or expenditure of any non-
Federal funds in accordance with this subsection shall not--
``(A) affect the signing of a grant agreement or
other applicable grant procedures with respect to the
applicable grant;
``(B) create an obligation on the part of the
Federal Government to repay any non-Federal funds if the
grant agreement is not signed; or
``(C) affect the ability of the recipient of the
grant to obligate or expend non-Federal funds to meet
the non-Federal cost share for the project for which the
grant is provided after the period described in
paragraph (1).'';
(13) in subsection (n) (as so redesignated), by striking
paragraph (1) and inserting the following:
``(1) <<NOTE: Reports.>> In general.--Not later than 60
days before the date on which a grant is provided for a project
under this section, the Secretary shall submit to the Committees
on Commerce, Science, and Transportation and Environment and
Public Works of the Senate and the Committee on Transportation
[[Page 135 STAT. 472]]
and Infrastructure of the House of Representatives a report
describing the proposed grant, including--
``(A) <<NOTE: Evaluation.>> an evaluation and
justification for the applicable project; and
``(B) a description of the amount of the proposed
grant award.'';
(14) by inserting after subsection (n) (as so redesignated)
the following:
``(o) <<NOTE: Deadlines.>> Applicant Notification.--
``(1) In general.--Not later than 60 days after the date on
which a grant recipient for a project under this section is
selected, the Secretary shall provide to each eligible applicant
not selected for that grant a written notification that the
eligible applicant was not selected.
``(2) Inclusion.--A written notification under paragraph (1)
shall include an offer for a written or telephonic debrief by
the Secretary that will provide--
``(A) detail on the evaluation of the application of
the eligible applicant; and
``(B) an explanation of and guidance on the reasons
the application was not selected for a grant under this
section.
``(3) Response.--
``(A) In general.--Not later than 30 days after the
eligible applicant receives a written notification under
paragraph (1), if the eligible applicant opts to receive
a debrief described in paragraph (2), the eligible
applicant shall notify the Secretary that the eligible
applicant is requesting a debrief.
``(B) Debrief.--If the eligible applicant submits a
request for a debrief under subparagraph (A), the
Secretary shall provide the debrief by not later than 60
days after the date on which the Secretary receives the
request for a debrief.''; and
(15) by striking subsection (p) (as so redesignated) and
inserting the following:
``(p) Reports.--
``(1) Annual report.--
``(A) <<NOTE: Criteria.>> In general.--
Notwithstanding any other provision of law, not later
than 30 days after the date on which the Secretary
selects a project for funding under this section, the
Secretary shall submit to the Committee on Environment
and Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report that describes the reasons for
selecting the project, based on any criteria established
by the Secretary in accordance with this section.
``(B) Inclusions.--The report submitted under
subparagraph (A) shall specify each criterion
established by the Secretary that the project meets.
``(C) <<NOTE: Web posting.>> Availability.--The
Secretary shall make available on the website of the
Department of Transportation the report submitted under
subparagraph (A).
``(D) Applicability.--This paragraph applies to all
projects described in subparagraph (A) that the
Secretary selects on or after October 1, 2021.
``(2) Comptroller general.--
[[Page 135 STAT. 473]]
``(A) Assessment.--The Comptroller General of the
United States shall conduct an assessment of the
establishment, solicitation, selection, and
justification process with respect to the funding of
projects under this section.
``(B) Report.--Not later than 1 year after the date
of enactment of the Surface Transportation
Reauthorization Act of 2021 and annually thereafter, the
Comptroller General of the United States shall submit to
the Committee on Environment and Public Works of the
Senate and the Committee on Transportation and
Infrastructure of the House of Representatives a report
that describes, for each project selected to receive
funding under this section--
``(i) the process by which each project was
selected;
``(ii) the factors that went into the
selection of each project; and
``(iii) the justification for the selection of
each project based on any criteria established by
the Secretary in accordance with this section.
``(3) <<NOTE: Deadline.>> Inspector general.--Not later
than 1 year after the date of enactment of the Surface
Transportation Reauthorization Act of 2021 and annually
thereafter, the Inspector General of the Department of
Transportation shall--
``(A) <<NOTE: Assessment.>> conduct an assessment
of the establishment, solicitation, selection, and
justification process with respect to the funding of
projects under this section; and
``(B) <<NOTE: Reports.>> submit to the Committee on
Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the
House of Representatives a final report that describes
the findings of the Inspector General of the Department
of Transportation with respect to the assessment
conducted under subparagraph (A).
``(q) <<NOTE: Grants.>> State Incentives Pilot Program.--
``(1) Establishment.--There is established a pilot program
to award grants to eligible applicants for projects eligible for
grants under this section (referred to in this subsection as the
`pilot program').
``(2) Priority.--In awarding grants under the pilot program,
the Secretary shall give priority to an application that offers
a greater non-Federal share of the cost of a project relative to
other applications under the pilot program.
``(3) Federal share.--
``(A) In general.--Notwithstanding any other
provision of law, the Federal share of the cost of a
project assisted with a grant under the pilot program
may not exceed 50 percent.
``(B) No federal involvement.--
``(i) In general.--For grants awarded under
the pilot program, except as provided in clause
(ii), an eligible applicant may not use Federal
assistance to satisfy the non-Federal share of the
cost under subparagraph (A).
``(ii) Exception.--An eligible applicant may
use funds from a secured loan (as defined in
section 601(a)) to satisfy the non-Federal share
of the cost under subparagraph (A) if the loan is
repayable from non-Federal funds.
[[Page 135 STAT. 474]]
``(4) Reservation.--
``(A) In general.--Of the amounts made available to
provide grants under this section, the Secretary shall
reserve for each fiscal year $150,000,000 to provide
grants under the pilot program.
``(B) Unutilized amounts.--In any fiscal year during
which applications under this subsection are
insufficient to effect an award or allocation of the
entire amount reserved under subparagraph (A), the
Secretary shall use the unutilized amounts to provide
other grants under this section.
``(5) <<NOTE: Applicability.>> Set-asides.--
``(A) Small projects.--
``(i) In general.--Of the amounts reserved
under paragraph (4)(A), the Secretary shall
reserve for each fiscal year not less than 10
percent for projects eligible for a grant under
subsection (e).
``(ii) Requirement.--For a grant awarded from
the amount reserved under clause (i)--
``(I) the requirements of subsection
(e) shall apply; and
``(II) the requirements of
subsection (g) shall not apply.
``(B) Rural projects.--
``(i) In general.--Of the amounts reserved
under paragraph (4)(A), the Secretary shall
reserve for each fiscal year not less than 25
percent for projects eligible for a grant under
subsection (i).
``(ii) Requirement.--For a grant awarded from
the amount reserved under clause (i), the
requirements of subsection (i) shall apply.
``(6) Report to congress.--Not later than 2 years after the
date of enactment of this subsection, the Secretary shall submit
to the Committee on Environment and Public Works and the
Committee on Commerce, Science, and Transportation of the Senate
and the Committee on Transportation and Infrastructure of the
House of Representatives a report that describes the
administration of the pilot program, including--
``(A) the number, types, and locations of eligible
applicants that have applied for grants under the pilot
program;
``(B) the number, types, and locations of grant
recipients under the pilot program;
``(C) <<NOTE: Assessment.>> an assessment of
whether implementation of the pilot program has
incentivized eligible applicants to offer a greater non-
Federal share for grants under the pilot program; and
``(D) <<NOTE: Recommenda- tions.>> any
recommendations for modifications to the pilot program.
``(r) Multistate Corridor Organization Defined.--For purposes of
this section, the term `multistate corridor organization' means an
organization of a group of States developed through cooperative
agreements, coalitions, or other arrangements to promote regional
cooperation, planning, and shared project implementation for programs
and projects to improve transportation system management and operations
for a shared transportation corridor.
[[Page 135 STAT. 475]]
``(s) Additional Authorization of Appropriations.--In addition to
amounts made available from the Highway Trust Fund, there are authorized
to be appropriated to carry out this section, to remain available for a
period of 3 fiscal years following the fiscal year for which the amounts
are appropriated--
``(1) $1,000,000,000 for fiscal year 2022;
``(2) $1,100,000,000 for fiscal year 2023;
``(3) $1,200,000,000 for fiscal year 2024;
``(4) $1,300,000,000 for fiscal year 2025; and
``(5) $1,400,000,000 for fiscal year 2026.''.
(b) Clerical Amendment.--The analysis for chapter 1 of title 23,
United States Code, <<NOTE: 23 USC 101 prec.>> is amended by striking
the item relating to section 117 and inserting the following:
``117. Nationally significant multimodal freight and highway
projects.''.
(c) <<NOTE: 23 USC 117 note.>> Efficient Use of Non-Federal
Funds.--
(1) <<NOTE: Grants. Applicability.>> In general.--
Notwithstanding any other provision of law, in the case of a
grant described in paragraph (2), section 117(k) of title 23,
United States Code, shall apply to the grant as if the grant was
a grant provided under that section.
(2) Grant described.--A grant referred to in paragraph (1)
is a grant that is--
(A) provided under a competitive discretionary grant
program administered by the Federal Highway
Administration;
(B) for a project eligible under title 23, United
States Code; and
(C) in an amount greater than $5,000,000.
SEC. 11111. HIGHWAY SAFETY IMPROVEMENT PROGRAM.
(a) In General.--Section 148 of title 23, United States Code, is
amended--
(1) in subsection (a)--
(A) in paragraph (4)(B)--
(i) in clause (i), by inserting ``that
provides for the safety of all road users, as
appropriate, including a multimodal roundabout''
after ``improvement'';
(ii) in clause (vi), by inserting ``or a grade
separation project'' after ``devices'';
(iii) by striking clause (viii) and inserting
the following:
``(viii) Construction or installation of
features, measures, and road designs to calm
traffic and reduce vehicle speeds.'';
(iv) by striking clause (xxvi) and inserting
the following:
``(xxvi) Installation or upgrades of traffic
control devices for pedestrians and bicyclists,
including pedestrian hybrid beacons and the
addition of bicycle movement phases to traffic
signals.''; and
(v) by striking clauses (xxvii) and (xxviii)
and inserting the following:
``(xxvii) Roadway improvements that provide
separation between pedestrians and motor vehicles
or between bicyclists and motor vehicles,
including medians, pedestrian crossing islands,
protected bike lanes, and protected intersection
features.
[[Page 135 STAT. 476]]
``(xxviii) A pedestrian security feature
designed to slow or stop a motor vehicle.
``(xxix) A physical infrastructure safety
project not described in clauses (i) through
(xxviii).'';
(B) by redesignating paragraphs (9) through (12) as
paragraphs (10), (12), (13), and (14), respectively;
(C) by inserting after paragraph (8) the following:
``(9) <<NOTE: Definition.>> Safe system approach.--The term
`safe system approach' means a roadway design--
``(A) that emphasizes minimizing the risk of injury
or fatality to road users; and
``(B) that--
``(i) takes into consideration the possibility
and likelihood of human error;
``(ii) accommodates human injury tolerance by
taking into consideration likely accident types,
resulting impact forces, and the ability of the
human body to withstand impact forces; and
``(iii) takes into consideration vulnerable
road users.'';
(D) by inserting after paragraph (10) (as so
redesignated) the following:
``(11) Specified safety project.--
``(A) <<NOTE: Definition.>> In general.--The term
`specified safety project' means a project carried out
for the purpose of safety under any other section of
this title that is consistent with the State strategic
highway safety plan.
``(B) Inclusion.--The term `specified safety
project' includes a project that--
``(i) promotes public awareness and informs
the public regarding highway safety matters
(including safety for motorcyclists, bicyclists,
pedestrians, individuals with disabilities, and
other road users);
``(ii) facilitates enforcement of traffic
safety laws;
``(iii) provides infrastructure and
infrastructure-related equipment to support
emergency services;
``(iv) conducts safety-related research to
evaluate experimental safety countermeasures or
equipment; or
``(v) supports safe routes to school
noninfrastructure-related activities described in
section 208(g)(2).'';
(E) in paragraph (13) (as so redesignated)--
(i) by redesignating subparagraphs (G), (H),
and (I) as subparagraphs (H), (I), and (J),
respectively; and
(ii) by inserting after subparagraph (F) the
following;
``(G) includes a vulnerable road user safety
assessment;''; and
(F) <<NOTE: Definitions.>> by adding at the end the
following:
``(15) Vulnerable road user.--The term `vulnerable road
user' means a nonmotorist--
``(A) with a fatality analysis reporting system
person attribute code that is included in the definition
of the term `number of non-motorized fatalities' in
section 490.205 of title 23, Code of Federal Regulations
(or successor regulations); or
[[Page 135 STAT. 477]]
``(B) described in the term `number of non-motorized
serious injuries' in that section.
``(16) Vulnerable road user safety assessment.--The term
`vulnerable road user safety assessment' means an assessment of
the safety performance of the State with respect to vulnerable
road users and the plan of the State to improve the safety of
vulnerable road users as described in subsection (l).'';
(2) in subsection (c)--
(A) in paragraph (1)(A), by striking ``subsections
(a)(11)'' and inserting ``subsections (a)(13)''; and
(B) in paragraph (2)--
(i) in subparagraph (A)(vi), by inserting
``and to differentiate the safety data for
vulnerable road users, including bicyclists,
motorcyclists, and pedestrians, from other road
users'' after ``crashes'';
(ii) in subparagraph (B)(i), by striking
``(including motorcyclists), bicyclists,
pedestrians,'' and inserting ``, vulnerable road
users (including motorcyclists, bicyclists,
pedestrians),''; and
(iii) in subparagraph (D)--
(I) in clause (iv), by striking
``and'' at the end;
(II) in clause (v), by striking the
semicolon at the end and inserting ``;
and''; and
(III) by adding at the end the
following:
``(vi) improves the ability of the State to
differentiate the fatalities and serious injuries
of vulnerable road users, including bicyclists,
motorcyclists, and pedestrians, from other road
users;'';
(3) in subsection (d)(2)(B)(i), by striking ``subsection
(a)(11)'' and inserting ``subsection (a)(13)'';
(4) in subsection (e), by adding at the end the following:
``(3) Flexible funding for specified safety projects.--
``(A) In general.--To advance the implementation of
a State strategic highway safety plan, a State may use
not more than 10 percent of the amounts apportioned to
the State under section 104(b)(3) for a fiscal year to
carry out specified safety projects.
``(B) Rule of construction.--Nothing in this
paragraph requires a State to revise any State process,
plan, or program in effect on the date of enactment of
this paragraph.
``(C) Effect of paragraph.--
``(i) Requirements.--A project carried out
under this paragraph shall be subject to all
requirements under this section that apply to a
highway safety improvement project.
``(ii) Other apportioned programs.--Nothing in
this paragraph prohibits the use of funds made
available under other provisions of this title for
a specified safety project that is a
noninfrastructure project.'';
(5) in subsection (g), by adding at the end the following:
``(3) <<NOTE: Requirement.>> Vulnerable road user safety.--
If the total annual fatalities of vulnerable road users in a
State represents not less than 15 percent of the total annual
crash fatalities in the State, that State shall be required to
obligate not less than 15 percent of the amounts apportioned to
the State under
[[Page 135 STAT. 478]]
section 104(b)(3) for the following fiscal year for highway
safety improvement projects to address the safety of vulnerable
road users.''; and
(6) by adding at the end the following:
``(l) Vulnerable Road User Safety Assessment.--
``(1) <<NOTE: Deadline.>> In general.--Not later than 2
years after the date of enactment of this subsection, each State
shall complete a vulnerable road user safety assessment.
``(2) Contents.--A vulnerable road user safety assessment
under paragraph (1) shall include--
``(A) <<NOTE: Analysis. Data.>> a quantitative
analysis of vulnerable road user fatalities and serious
injuries that--
``(i) includes data such as location, roadway
functional classification, design speed, speed
limit, and time of day;
``(ii) considers the demographics of the
locations of fatalities and serious injuries,
including race, ethnicity, income, and age; and
``(iii) based on the data, identifies areas as
`high-risk' to vulnerable road users; and
``(B) <<NOTE: Strategies.>> a program of projects
or strategies to reduce safety risks to vulnerable road
users in areas identified as high-risk under
subparagraph (A)(iii).
``(3) Use of data.--In carrying out a vulnerable road user
safety assessment under paragraph (1), a State shall use data
from the most recent 5-year period for which data is available.
``(4) Requirements.--In carrying out a vulnerable road user
safety assessment under paragraph (1), a State shall--
``(A) take into consideration a safe system
approach; and
``(B) <<NOTE: Consultation.>> consult with local
governments, metropolitan planning organizations, and
regional transportation planning organizations that
represent a high-risk area identified under paragraph
(2)(A)(iii).
``(5) Update.--A State shall update the vulnerable road user
safety assessment of the State in accordance with the updates
required to the State strategic highway safety plan under
subsection (d).
``(6) Requirement for transportation system access.--The
program of projects developed under paragraph (2)(B) may not
degrade transportation system access for vulnerable road users.
``(7) Guidance.--
``(A) <<NOTE: Deadline.>> In general.--Not later
than 1 year after the date of enactment of this
subsection, the Secretary shall develop guidance for
States to carry out this subsection.
``(B) Consultation.--In developing the guidance
under this paragraph, the Secretary shall consult with
the States and relevant safety stakeholders.''.
(b) <<NOTE: Deadlines. Updates. 23 USC 148 note.>> High-risk Rural
Roads.--
(1) Study.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall update the study
under section 1112(b)(1) of MAP-21 (23 U.S.C. 148 note; Public
Law 112-141).
(2) <<NOTE: Web posting.>> Publication of report.--Not
later than 2 years after the date of enactment of this Act, the
Secretary shall publish on the website of the Department of
Transportation an update
[[Page 135 STAT. 479]]
to the report described in section 1112(b)(2) of MAP-21 (23
U.S.C. 148 note; Public Law 112-141).
(3) Best practices manual.--Not later than 180 days after
the date on which the report is published under paragraph (2),
the Secretary shall update the best practices manual described
in section 1112(b)(3) of MAP-21 (23 U.S.C. 148 note; Public Law
112-141).
SEC. 11112. FEDERAL LANDS TRANSPORTATION PROGRAM.
Section 203(a) of title 23, United States Code, is amended--
(1) in paragraph (1)(D), by striking ``$10,000,000'' and
inserting ``$20,000,000''; and
(2) by adding at the end the following:
``(6) Native plant materials.--In carrying out an activity
described in paragraph (1), the entity carrying out the activity
shall consider, to the maximum extent practicable--
``(A) the use of locally adapted native plant
materials; and
``(B) designs that minimize runoff and heat
generation.''.
SEC. 11113. FEDERAL LANDS ACCESS PROGRAM.
(a) Federal Share.--Section 201 of title 23, United States Code, is
amended--
(1) in subsection (b)(7)(B), by striking ``determined in
accordance with section 120'', and inserting ``be up to 100
percent''; and
(2) in subsection (c)(8)(A), by striking ``5 percent'' and
inserting ``20 percent''.
(b) Federal Lands Access Program.--Section 204(a) of title 23,
United States Code, is amended--
(1) in paragraph (1)(A)--
(A) in the matter preceding clause (i), by inserting
``context-sensitive solutions,'' after ``restoration,'';
(B) in clause (i), by inserting ``, including
interpretive panels in or adjacent to those areas''
after ``areas'';
(C) in clause (v), by striking ``and'' at the end;
(D) by redesignating clause (vi) as clause (ix); and
(E) by inserting after clause (v) the following:
``(vi) contextual wayfinding markers;
``(vii) landscaping;
``(viii) cooperative mitigation of visual
blight, including screening or removal; and''; and
(2) by adding at the end the following:
``(6) Native plant materials.--In carrying out an activity
described in paragraph (1), the Secretary shall ensure that the
entity carrying out the activity considers, to the maximum
extent practicable--
``(A) the use of locally adapted native plant
materials; and
``(B) designs that minimize runoff and heat
generation.''.
SEC. 11114. NATIONAL HIGHWAY FREIGHT PROGRAM.
Section 167 of title 23, United States Code, is amended--
(1) in subsection (e)--
(A) in paragraph (2), by striking ``150 miles'' and
inserting ``300 miles''; and
[[Page 135 STAT. 480]]
(B) by adding at the end the following:
``(3) Rural states.--Notwithstanding paragraph (2), a State
with a population per square mile of area that is less than the
national average, based on the 2010 census, may designate as
critical rural freight corridors a maximum of 600 miles of
highway or 25 percent of the primary highway freight system
mileage in the State, whichever is greater.'';
(2) in subsection (f)(4), by striking ``75 miles'' and
inserting ``150 miles''; and
(3) in subsection (i)(5)(B)--
(A) in the matter preceding clause (i), by striking
``10 percent'' and inserting ``30 percent'';
(B) in clause (i), by striking ``and'' at the end;
(C) in clause (ii), by striking the period at the
end and inserting a semicolon; and
(D) <<NOTE: Determinations.>> by adding at the end
the following:
``(iii) for the modernization or
rehabilitation of a lock and dam, if the Secretary
determines that the project--
``(I) is functionally connected to
the National Highway Freight Network;
and
``(II) is likely to reduce on-road
mobile source emissions; and
``(iv) on a marine highway corridor,
connector, or crossing designated by the Secretary
under section 55601(c) of title 46 (including an
inland waterway corridor, connector, or crossing),
if the Secretary determines that the project--
``(I) is functionally connected to
the National Highway Freight Network;
and
``(II) is likely to reduce on-road
mobile source emissions.''.
SEC. 11115. CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT
PROGRAM.
Section 149 of title 23, United States Code, is amended--
(1) in subsection (b)--
(A) in the matter preceding paragraph (1), by
striking ``subsection (d)'' and inserting ``subsections
(d) and (m)(1)(B)(ii)''
(B) in paragraph (7), by inserting ``shared
micromobility (including bikesharing and shared scooter
systems),'' after ``carsharing,'';
(C) in paragraph (8)--
(i) in subparagraph (A)--
(I) in the matter preceding clause
(i), by inserting ``replacements or''
before ``retrofits'';
(II) by striking clause (i) and
inserting the following:
``(i) verified technologies (as defined in
section 791 of the Energy Policy Act of 2005 (42
U.S.C. 16131)) for motor vehicles (as defined in
section 216 of the Clean Air Act (42 U.S.C.
7550)); or''; and
(III) in clause (ii)(II), by
striking ``or'' at the end; and
(ii) in subparagraph (B), by inserting
``replacements or'' before ``retrofits''; and
[[Page 135 STAT. 481]]
(iii) by adding at the end the following:
``(C) the purchase of medium- or heavy-duty zero
emission vehicles and related charging equipment;'';
(D) in paragraph (9), by striking the period at the
end and inserting a semicolon; and
(E) <<NOTE: Determinations.>> by adding at the end
the following:
``(10) if the project is for the modernization or
rehabilitation of a lock and dam that--
``(A) is functionally connected to the Federal-aid
highway system; and
``(B) the Secretary determines is likely to
contribute to the attainment or maintenance of a
national ambient air quality standard; or
``(11) if the project is on a marine highway corridor,
connector, or crossing designated by the Secretary under section
55601(c) of title 46 (including an inland waterway corridor,
connector, or crossing) that--
``(A) is functionally connected to the Federal-aid
highway system; and
``(B) the Secretary determines is likely to
contribute to the attainment or maintenance of a
national ambient air quality standard.'';
(2) in subsection (c), by adding at the end the following:
``(4) Locks and dams; marine highways.--For each fiscal
year, a State may not obligate more than 10 percent of the funds
apportioned to the State under section 104(b)(4) for projects
described in paragraphs (10) and (11) of subsection (b).'';
(3) in subsection (f)(4)(A), by inserting ``and nonroad
vehicles and nonroad engines used in construction projects or
port-related freight operations'' after ``motor vehicles'';
(4) in subsection (g)--
(A) in paragraph (1)(B)--
(i) in the subparagraph heading, by inserting
``replacement or'' before ``retrofit'';
(ii) by striking ``The term `diesel retrofit'
'' and inserting ``The term `diesel replacement or
retrofit' ''; and
(iii) by inserting ``or retrofit'' after
``replacement'';
(B) in paragraph (2), in the matter preceding
subparagraph (A), by inserting ``replacement or'' before
``retrofit''; and
(C) in paragraph (3), by inserting ``replacements
or'' before ``retrofits'';
(5) in subsection (k)(1), by striking ``that reduce such
fine particulate matter emissions in such area, including diesel
retrofits.'' and inserting ``that--
``(A) reduce such fine particulate matter emissions
in such area, including diesel replacements or
retrofits; and
``(B) to the extent practicable, prioritize benefits
to disadvantaged communities or low-income populations
living in, or immediately adjacent to, such area.'';
(6) in subsection (l), by adding at the following:
``(3) Assistance to metropolitan planning organizations.--
[[Page 135 STAT. 482]]
``(A) In general.--On the request of a metropolitan
planning organization, the Secretary may assist the
metropolitan planning organization tracking progress
made in minority or low-income populations as part of a
performance plan under this subsection.
``(B) Savings provision.--Nothing in this paragraph
provides the Secretary the authority--
``(i) to change the performance measures under
section 150(c)(5) or the performance targets
established under section 134(h)(2) or 150(d); or
``(ii) to establish any other Federal
requirement.''; and
(7) by striking subsection (m) and inserting the following:
``(m) Operating Assistance.--
``(1) In general.--A State may obligate funds apportioned
under section 104(b)(4) in an area of the State that is
otherwise eligible for obligations of such funds for operating
costs--
``(A) under chapter 53 of title 49; or
``(B) on--
``(i) a system for which CMAQ funding was
eligible, made available, obligated, or expended
in fiscal year 2012; or
``(ii) a State-supported Amtrak route with a
valid cost-sharing agreement under section 209 of
the Passenger Rail Investment and Improvement Act
of 2008 (49 U.S.C. 24101 note; Public Law 110-432)
and no current nonattainment areas under
subsection (d).
``(2) No time limitation.--Operating assistance provided
under paragraph (1) shall have no imposed time limitation if the
operating assistance is for--
``(A) a route described in subparagraph (B) of that
paragraph; or
``(B) a transit system that is located in--
``(i) a non-urbanized area; or
``(ii) an urbanized area with a population of
200,000 or fewer.''.
SEC. 11116. ALASKA HIGHWAY.
Section 218 of title 23, United States Code, is amended to read as
follows:
``Sec. 218. <<NOTE: Canada.>> Alaska Highway
``(a) Recognizing the benefits that will accrue to the State of
Alaska and to the United States from the reconstruction of the Alaska
Highway from the Alaskan border at Beaver Creek, Yukon Territory, to
Haines Junction in Canada and the Haines Cutoff Highway from Haines
Junction in Canada to Haines, Alaska, the Secretary may provide for the
necessary reconstruction of the highway using funds awarded through an
applicable competitive grant program, if the highway meets all
applicable eligibility requirements for the program, except for the
specific requirements established by the agreement for the Alaska
Highway Project between the Government of the United States and the
Government of Canada. In addition to the funds described in the previous
sentence, notwithstanding any other provision of law and on agreement
with the State of Alaska, the Secretary is authorized to expend on such
highway or the Alaska Marine Highway System
[[Page 135 STAT. 483]]
any Federal-aid highway funds apportioned to the State of Alaska under
this title at a Federal share of 100 per centum. No expenditures shall
be made for the construction of the portion of such highways that are in
Canada unless an agreement is in place between the Government of Canada
and the Government of the United States (including an agreement in
existence on the date of enactment of the Surface Transportation
Reauthorization Act of 2021) that provides, in part, that the Canadian
Government--
``(1) will provide, without participation of funds
authorized under this title, all necessary right-of-way for the
reconstruction of such highways;
``(2) will not impose any highway toll, or permit any such
toll to be charged for the use of such highways by vehicles or
persons;
``(3) will not levy or assess, directly or indirectly, any
fee, tax, or other charge for the use of such highways by
vehicles or persons from the United States that does not apply
equally to vehicles or persons of Canada;
``(4) will continue to grant reciprocal recognition of
vehicle registration and driver's licenses in accordance with
agreements between the United States and Canada; and
``(5) will maintain such highways after their completion in
proper condition adequately to serve the needs of present and
future traffic.
``(b) The survey and construction work undertaken in Canada pursuant
to this section shall be under the general supervision of the Secretary.
``(c) <<NOTE: Definition.>> For purposes of this section, the term
`Alaska Marine Highway System' includes all existing or planned
transportation facilities and equipment in Alaska, including the lease,
purchase, or construction of vessels, terminals, docks, floats, ramps,
staging areas, parking lots, bridges and approaches thereto, and
necessary roads.
``(d) Notwithstanding any other provision of law, a project assisted
under this section in the State of Alaska shall be treated as a project
on a Federal-aid highway under chapter 1.''.
SEC. 11117. TOLL ROADS, BRIDGES, TUNNELS, AND FERRIES.
(a) In General.--Section 129(c) of title 23, United States Code, is
amended in the matter preceding paragraph (1) by striking ``the
construction of ferry boats and ferry terminal facilities, whether toll
or free,'' and inserting ``the construction of ferry boats and ferry
terminal facilities (including ferry maintenance facilities), whether
toll or free, and the procurement of transit vehicles used exclusively
as an integral part of an intermodal ferry trip,''.
(b) <<NOTE: 23 USC 147 note.>> Diesel Fuel Ferry Vessels.--
(1) <<NOTE: Determination.>> In general.--Notwithstanding
section 147(b), in the case of a project to replace or retrofit
a diesel fuel ferry vessel that provides substantial emissions
reductions, the Federal share of the cost of the project may be
up to 85 percent, as determined by the State.
(2) Sunset.--The authority provided by paragraph (1) shall
terminate on September 30, 2025.
SEC. 11118. BRIDGE INVESTMENT PROGRAM.
(a) In General.--Chapter 1 of title 23, United States Code, is
amended by inserting after section 123 the following:
[[Page 135 STAT. 484]]
``Sec. 124. <<NOTE: Grants. 23 USC 124.>> Bridge investment
program
``(a) Definitions.--In this section:
``(1) Eligible project.--
``(A) In general.--The term `eligible project' means
a project to replace, rehabilitate, preserve, or protect
1 or more bridges on the National Bridge Inventory under
section 144(b).
``(B) Inclusions.--The term `eligible project'
includes--
``(i) a bundle of projects described in
subparagraph (A), regardless of whether the bundle
of projects meets the requirements of section
144(j)(5); and
``(ii) a project to replace or rehabilitate
culverts for the purpose of improving flood
control and improved habitat connectivity for
aquatic species.
``(2) Large project.--The term `large project' means an
eligible project with total eligible project costs of greater
than $100,000,000.
``(3) Program.--The term `program' means the bridge
investment program established by subsection (b)(1).
``(b) Establishment of Bridge Investment Program.--
``(1) In general.--There is established a bridge investment
program to provide financial assistance for eligible projects
under this section.
``(2) Goals.--The goals of the program shall be--
``(A) to improve the safety, efficiency, and
reliability of the movement of people and freight over
bridges;
``(B) to improve the condition of bridges in the
United States by reducing--
``(i) the number of bridges--
``(I) in poor condition; or
``(II) in fair condition and at risk
of falling into poor condition within
the next 3 years;
``(ii) the total person miles traveled over
bridges--
``(I) in poor condition; or
``(II) in fair condition and at risk
of falling into poor condition within
the next 3 years;
``(iii) the number of bridges that--
``(I) do not meet current geometric
design standards; or
``(II) cannot meet the load and
traffic requirements typical of the
regional transportation network; and
``(iv) the total person miles traveled over
bridges that--
``(I) do not meet current geometric
design standards; or
``(II) cannot meet the load and
traffic requirements typical of the
regional transportation network; and
``(C) to provide financial assistance that leverages
and encourages non-Federal contributions from sponsors
and stakeholders involved in the planning, design, and
construction of eligible projects.
``(c) Grant Authority.--
``(1) In general.--In carrying out the program, the
Secretary may award grants, on a competitive basis, in
accordance with this section.
[[Page 135 STAT. 485]]
``(2) Grant amounts.--Except as otherwise provided, a grant
under the program shall be--
``(A) in the case of a large project, in an amount
that is--
``(i) adequate to fully fund the project (in
combination with other financial resources
identified in the application); and
``(ii) not less than $50,000,000; and
``(B) in the case of any other eligible project, in
an amount that is--
``(i) adequate to fully fund the project (in
combination with other financial resources
identified in the application); and
``(ii) not less than $2,500,000.
``(3) Maximum amount.--Except as otherwise provided, for an
eligible project receiving assistance under the program, the
amount of assistance provided by the Secretary under this
section, as a share of eligible project costs, shall be--
``(A) in the case of a large project, not more than
50 percent; and
``(B) in the case of any other eligible project, not
more than 80 percent.
``(4) Federal share.--
``(A) Maximum federal involvement.--Federal
assistance other than a grant under the program may be
used to satisfy the non-Federal share of the cost of a
project for which a grant is made, except that the total
Federal assistance provided for a project receiving a
grant under the program may not exceed the Federal share
for the project under section 120.
``(B) Off-system bridges.--In the case of an
eligible project for an off-system bridge (as defined in
section 133(f)(1))--
``(i) Federal assistance other than a grant
under the program may be used to satisfy the non-
Federal share of the cost of a project; and
``(ii) notwithstanding subparagraph (A), the
total Federal assistance provided for the project
shall not exceed 90 percent of the total eligible
project costs.
``(C) Federal land management agencies and tribal
governments.--Notwithstanding any other provision of
law, Federal funds other than Federal funds made
available under this section may be used to pay the
remaining share of the cost of a project under the
program by a Federal land management agency or a Tribal
government or consortium of Tribal governments.
``(5) Considerations.--
``(A) In general.--In awarding grants under the
program, the Secretary shall consider--
``(i) in the case of a large project, the
ratings assigned under subsection (g)(5)(A);
``(ii) in the case of an eligible project
other than a large project, the quality rating
assigned under subsection (f)(3)(A)(ii);
``(iii) the average daily person and freight
throughput supported by the eligible project;
[[Page 135 STAT. 486]]
``(iv) the number and percentage of bridges
within the same State as the eligible project that
are in poor condition;
``(v) the extent to which the eligible project
demonstrates cost savings by bundling multiple
bridge projects;
``(vi) in the case of an eligible project of a
Federal land management agency, the extent to
which the grant would reduce a Federal liability
or Federal infrastructure maintenance backlog;
``(vii) geographic diversity among grant
recipients, including the need for a balance
between the needs of rural and urban communities;
and
``(viii) the extent to which a bridge that
would be assisted with a grant--
``(I) is, without that assistance--
``(aa) at risk of falling
into or remaining in poor
condition; or
``(bb) in fair condition and
at risk of falling into poor
condition within the next 3
years;
``(II) does not meet current
geometric design standards based on--
``(aa) the current use of
the bridge; or
``(bb) load and traffic
requirements typical of the
regional corridor or local
network in which the bridge is
located; or
``(III) does not meet current
seismic design standards.
``(B) Requirement.--The Secretary shall--
``(i) give priority to an application for an
eligible project that is located within a State
for which--
``(I) 2 or more applications for
eligible projects within the State were
submitted for the current fiscal year
and an average of 2 or more applications
for eligible projects within the State
were submitted in prior fiscal years of
the program; and
``(II) fewer than 2 grants have been
awarded for eligible projects within the
State under the program;
``(ii) <<NOTE: Determinations.>> during the
period of fiscal years 2022 through 2026, for each
State described in clause (i), select--
``(I) not fewer than 1 large project
that the Secretary determines is
justified under the evaluation under
subsection (g)(4); or
``(II) 2 eligible projects that are
not large projects that the Secretary
determines are justified under the
evaluation under subsection (f)(3); and
``(iii) not be required to award a grant for
an eligible project that the Secretary does not
determine is justified under an evaluation under
subsection (f)(3) or (g)(4).
``(6) Culvert limitation.--Not more than 5 percent of the
amounts made available for each fiscal year for grants under the
program may be used for eligible projects that consist solely of
culvert replacement or rehabilitation.
``(d) Eligible Entity.--The Secretary may make a grant under the
program to any of the following:
[[Page 135 STAT. 487]]
``(1) A State or a group of States.
``(2) A metropolitan planning organization that serves an
urbanized area (as designated by the Bureau of the Census) with
a population of over 200,000.
``(3) A unit of local government or a group of local
governments.
``(4) A political subdivision of a State or local
government.
``(5) A special purpose district or public authority with a
transportation function.
``(6) A Federal land management agency.
``(7) A Tribal government or a consortium of Tribal
governments.
``(8) A multistate or multijurisdictional group of entities
described in paragraphs (1) through (7).
``(e) Eligible Project Requirements.--The Secretary may make a grant
under the program only to an eligible entity for an eligible project
that--
``(1) <<NOTE: Recommenda- tions.>> in the case of a large
project, the Secretary recommends for funding in the annual
report on funding recommendations under subsection (g)(6),
except as provided in subsection (g)(1)(B);
``(2) <<NOTE: Deadline.>> is reasonably expected to begin
construction not later than 18 months after the date on which
funds are obligated for the project; and
``(3) is based on the results of preliminary engineering.
``(f) Competitive Process and Evaluation of Eligible Projects Other
Than Large Projects.--
``(1) Competitive process.--
``(A) <<NOTE: Deadlines.>> In general.--The
Secretary shall--
``(i) for the first fiscal year for which
funds are made available for obligation under the
program, not later than 60 days after the date on
which the template under subparagraph (B)(i) is
developed, and in subsequent fiscal years, not
later than 60 days after the date on which amounts
are made available for obligation under the
program, solicit grant applications for eligible
projects other than large projects; and
``(ii) not later than 120 days after the date
on which the solicitation under clause (i)
expires, conduct evaluations under paragraph (3).
``(B) Requirements.--In carrying out subparagraph
(A), the Secretary shall--
``(i) develop a template for applicants to use
to summarize project needs and benefits, including
benefits described in paragraph (3)(B)(i); and
``(ii) enable applicants to use data from the
National Bridge Inventory under section 144(b) to
populate templates described in clause (i), as
applicable.
``(2) Applications.--An eligible entity shall submit to the
Secretary an application at such time, in such manner, and
containing such information as the Secretary may require.
``(3) Evaluation.--
``(A) In general.--Prior to providing a grant under
this subsection, the Secretary shall--
[[Page 135 STAT. 488]]
``(i) conduct an evaluation of each eligible
project for which an application is received under
this subsection; and
``(ii) assign a quality rating to the eligible
project on the basis of the evaluation under
clause (i).
``(B) Requirements.--In carrying out an evaluation
under subparagraph (A), the Secretary shall--
``(i) <<NOTE: Determination.>> consider
information on project benefits submitted by the
applicant using the template developed under
paragraph (1)(B)(i), including whether the project
will generate, as determined by the Secretary--
``(I) costs avoided by the
prevention of closure or reduced use of
the bridge to be improved by the
project;
``(II) in the case of a bundle of
projects, benefits from executing the
projects as a bundle compared to as
individual projects;
``(III) safety benefits, including
the reduction of accidents and related
costs;
``(IV) person and freight mobility
benefits, including congestion reduction
and reliability improvements;
``(V) national or regional economic
benefits;
``(VI) benefits from long-term
resiliency to extreme weather events,
flooding, or other natural disasters;
``(VII) benefits from protection (as
described in section 133(b)(10)),
including improving seismic or scour
protection;
``(VIII) environmental benefits,
including wildlife connectivity;
``(IX) benefits to nonvehicular and
public transportation users;
``(X) benefits of using--
``(aa) innovative design and
construction techniques; or
``(bb) innovative
technologies; or
``(XI) reductions in maintenance
costs, including, in the case of a
federally-owned bridge, cost savings to
the Federal budget; and
``(ii) consider whether and the extent to
which the benefits, including the benefits
described in clause (i), are more likely than not
to outweigh the total project costs.
``(g) Competitive Process, Evaluation, and Annual Report for Large
Projects.--
``(1) In general.--
``(A) Applications.--The Secretary shall establish
an annual date by which an eligible entity submitting an
application for a large project shall submit to the
Secretary such information as the Secretary may require,
including information described in paragraph (2), in
order for a large project to be considered for a
recommendation by the Secretary for funding in the next
annual report under paragraph (6).
``(B) First fiscal year.--Notwithstanding
subparagraph (A), for the first fiscal year for which
funds are
[[Page 135 STAT. 489]]
made available for obligation for grants under the
program, the Secretary may establish a date by which an
eligible entity submitting an application for a large
project shall submit to the Secretary such information
as the Secretary may require, including information
described in paragraph (2), in order for a large project
to be considered for immediate execution of a grant
agreement.
``(2) Information required.--The information referred to in
paragraph (1) includes--
``(A) all necessary information required for the
Secretary to evaluate the large project; and
``(B) <<NOTE: Determination.>> information
sufficient for the Secretary to determine that--
``(i) the large project meets the applicable
requirements under this section; and
``(ii) there is a reasonable likelihood that
the large project will continue to meet the
requirements under this section.
``(3) Determination; notice.--On making a determination that
information submitted to the Secretary under paragraph (1) is
sufficient, the Secretary shall provide a written notice of that
determination to--
``(A) the eligible entity that submitted the
application;
``(B) the Committee on Environment and Public Works
of the Senate; and
``(C) the Committee on Transportation and
Infrastructure of the House of Representatives.
``(4) <<NOTE: Recommenda- tions. Determination.>>
Evaluation.--The Secretary may recommend a large project for
funding in the annual report under paragraph (6), or, in the
case of the first fiscal year for which funds are made available
for obligation for grants under the program, immediately execute
a grant agreement for a large project, only if the Secretary
evaluates the proposed project and determines that the project
is justified because the project--
``(A) <<NOTE: Determination.>> addresses a need to
improve the condition of the bridge, as determined by
the Secretary, consistent with the goals of the program
under subsection (b)(2);
``(B) <<NOTE: Determination.>> will generate, as
determined by the Secretary--
``(i) costs avoided by the prevention of
closure or reduced use of the bridge to be
improved by the project;
``(ii) in the case of a bundle of projects,
benefits from executing the projects as a bundle
compared to as individual projects;
``(iii) safety benefits, including the
reduction of accidents and related costs;
``(iv) person and freight mobility benefits,
including congestion reduction and reliability
improvements;
``(v) national or regional economic benefits;
``(vi) benefits from long-term resiliency to
extreme weather events, flooding, or other natural
disasters;
``(vii) benefits from protection (as described
in section 133(b)(10)), including improving
seismic or scour protection;
``(viii) environmental benefits, including
wildlife connectivity;
``(ix) benefits to nonvehicular and public
transportation users;
[[Page 135 STAT. 490]]
``(x) benefits of using--
``(I) innovative design and
construction techniques; or
``(II) innovative technologies; or
``(xi) reductions in maintenance costs,
including, in the case of a federally-owned
bridge, cost savings to the Federal budget;
``(C) <<NOTE: Analysis.>> is cost effective based
on an analysis of whether the benefits and avoided costs
described in subparagraph (B) are expected to outweigh
the project costs;
``(D) is supported by other Federal or non-Federal
financial commitments or revenues adequate to fund
ongoing maintenance and preservation; and
``(E) is consistent with the objectives of an
applicable asset management plan of the project sponsor,
including a State asset management plan under section
119(e) in the case of a project on the National Highway
System that is sponsored by a State.
``(5) Ratings.--
``(A) In general.--The Secretary shall develop a
methodology to evaluate and rate a large project on a 5-
point scale (the points of which include `high',
`medium-high', `medium', `medium-low', and `low') for
each of--
``(i) paragraph (4)(B);
``(ii) paragraph (4)(C); and
``(iii) paragraph (4)(D).
``(B) Requirement.--To be considered justified and
receive a recommendation for funding in the annual
report under paragraph (6), a project shall receive a
rating of not less than `medium' for each rating
required under subparagraph (A).
``(C) Interim methodology.--In the first fiscal year
for which funds are made available for obligation for
grants under the program, the Secretary may establish an
interim methodology to evaluate and rate a large project
for each of--
``(i) paragraph (4)(B);
``(ii) paragraph (4)(C); and
``(iii) paragraph (4)(D).
``(6) Annual report on funding recommendations for large
projects.--
``(A) In general.--Not later than the first Monday
in February of each year, the Secretary shall submit to
the Committees on Transportation and Infrastructure and
Appropriations of the House of Representatives and the
Committees on Environment and Public Works and
Appropriations of the Senate a report that includes--
``(i) <<NOTE: List.>> a list of large
projects that have requested a recommendation for
funding under a new grant agreement from funds
anticipated to be available to carry out this
subsection in the next fiscal year;
``(ii) the evaluation under paragraph (4) and
ratings under paragraph (5) for each project
referred to in clause (i);
``(iii) <<NOTE: Payments.>> the grant amounts
that the Secretary recommends providing to large
projects in the next fiscal year, including--
[[Page 135 STAT. 491]]
``(I) scheduled payments under
previously signed multiyear grant
agreements under subsection (j);
``(II) payments for new grant
agreements, including single-year grant
agreements and multiyear grant
agreements; and
``(III) a description of how amounts
anticipated to be available for the
program from the Highway Trust Fund for
that fiscal year will be distributed;
and
``(iv) <<NOTE: Proposed schedule.>> for each
project for which the Secretary recommends a new
multiyear grant agreement under subsection (j),
the proposed payout schedule for the project.
``(B) Limitations.--
``(i) <<NOTE: Determination.>> In general.--
The Secretary shall not recommend in an annual
report under this paragraph a new multiyear grant
agreement provided from funds from the Highway
Trust Fund unless the Secretary determines that
the project can be completed using funds that are
anticipated to be available from the Highway Trust
Fund in future fiscal years.
``(ii) General fund projects.--The Secretary--
``(I) may recommend for funding in
an annual report under this paragraph a
large project using funds from the
general fund of the Treasury; but
``(II) shall not execute a grant
agreement for that project unless--
``(aa) funds other than from
the Highway Trust Fund have been
made available for the project;
and
``(bb) <<NOTE: Determination.>>
the Secretary determines that
the project can be completed
using funds other than from the
Highway Trust Fund that are
anticipated to be available in
future fiscal years.
``(C) Considerations.--In selecting projects to
recommend for funding in the annual report under this
paragraph, or, in the case of the first fiscal year for
which funds are made available for obligation for grants
under the program, projects for immediate execution of a
grant agreement, the Secretary shall--
``(i) consider the amount of funds available
in future fiscal years for multiyear grant
agreements as described in subparagraph (B); and
``(ii) assume the availability of funds in
future fiscal years for multiyear grant agreements
that extend beyond the period of authorization
based on the amount made available for large
projects under the program in the last fiscal year
of the period of authorization.
``(D) Project diversity.--In selecting projects to
recommend for funding in the annual report under this
paragraph, the Secretary shall ensure diversity among
projects recommended based on--
``(i) the amount of the grant requested; and
``(ii) grants for an eligible project for 1
bridge compared to an eligible project that is a
bundle of projects.
[[Page 135 STAT. 492]]
``(h) Eligible Project Costs.--A grant received for an eligible
project under the program may be used for--
``(1) development phase activities, including planning,
feasibility analysis, revenue forecasting, environmental review,
preliminary engineering and design work, and other
preconstruction activities;
``(2) construction, reconstruction, rehabilitation,
acquisition of real property (including land related to the
project and improvements to the land), environmental mitigation,
construction contingencies, acquisition of equipment, and
operational improvements directly related to improving system
performance; and
``(3) expenses related to the protection (as described in
section 133(b)(10)) of a bridge, including seismic or scour
protection.
``(i) TIFIA Program.--On the request of an eligible entity carrying
out an eligible project, the Secretary may use amounts awarded to the
entity to pay subsidy and administrative costs necessary to provide to
the entity Federal credit assistance under chapter 6 with respect to the
eligible project for which the grant was awarded.
``(j) Multiyear Grant Agreements for Large Projects.--
``(1) In general.--A large project that receives a grant
under the program in an amount of not less than $100,000,000 may
be carried out through a multiyear grant agreement in accordance
with this subsection.
``(2) Requirements.--A multiyear grant agreement for a large
project described in paragraph (1) shall--
``(A) establish the terms of participation by the
Federal Government in the project;
``(B) establish the maximum amount of Federal
financial assistance for the project in accordance with
paragraphs (3) and (4) of subsection (c);
``(C) <<NOTE: Schedule. Deadline.>> establish a
payout schedule for the project that provides for
disbursement of the full grant amount by not later than
4 fiscal years after the fiscal year in which the
initial amount is provided;
``(D) <<NOTE: Determination.>> determine the period
of time for completing the project, even if that period
extends beyond the period of an authorization; and
``(E) attempt to improve timely and efficient
management of the project, consistent with all
applicable Federal laws (including regulations).
``(3) Special financial rules.--
``(A) In general.--A multiyear grant agreement under
this subsection--
``(i) shall obligate an amount of available
budget authority specified in law; and
``(ii) may include a commitment, contingent on
amounts to be specified in law in advance for
commitments under this paragraph, to obligate an
additional amount from future available budget
authority specified in law.
``(B) Statement of contingent commitment.--The
agreement shall state that the contingent commitment is
not an obligation of the Federal Government.
``(C) Interest and other financing costs.--
[[Page 135 STAT. 493]]
``(i) In general.--Interest and other
financing costs of carrying out a part of the
project within a reasonable time shall be
considered a cost of carrying out the project
under a multiyear grant agreement, except that
eligible costs may not be more than the cost of
the most favorable financing terms reasonably
available for the project at the time of
borrowing.
``(ii) Certification.--The applicant shall
certify to the Secretary that the applicant has
shown reasonable diligence in seeking the most
favorable financing terms.
``(4) Advance payment.--Notwithstanding any other provision
of law, an eligible entity carrying out a large project under a
multiyear grant agreement--
``(A) may use funds made available to the eligible
entity under this title for eligible project costs of
the large project until the amount specified in the
multiyear grant agreement for the project for that
fiscal year becomes available for obligation; and
``(B) <<NOTE: Reimbursement.>> if the eligible
entity uses funds as described in subparagraph (A), the
funds used shall be reimbursed from the amount made
available under the multiyear grant agreement for the
project.
``(k) Undertaking Parts of Projects in Advance Under Letters of No
Prejudice.--
``(1) In general.--The Secretary may pay to an applicant all
eligible project costs under the program, including costs for an
activity for an eligible project incurred prior to the date on
which the project receives funding under the program if--
``(A) <<NOTE: Advance approval.>> before the
applicant carries out the activity, the Secretary
approves through a letter to the applicant the activity
in the same manner as the Secretary approves other
activities as eligible under the program;
``(B) <<NOTE: Records.>> a record of decision, a
finding of no significant impact, or a categorical
exclusion under the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.) has been issued for the
eligible project; and
``(C) the activity is carried out without Federal
assistance and in accordance with all applicable
procedures and requirements.
``(2) Interest and other financing costs.--
``(A) In general.--For purposes of paragraph (1),
the cost of carrying out an activity for an eligible
project includes the amount of interest and other
financing costs, including any interest earned and
payable on bonds, to the extent interest and other
financing costs are expended in carrying out the
activity for the eligible project, except that interest
and other financing costs may not be more than the cost
of the most favorable financing terms reasonably
available for the eligible project at the time of
borrowing.
``(B) Certification.--The applicant shall certify to
the Secretary that the applicant has shown reasonable
diligence in seeking the most favorable financing terms
under subparagraph (A).
[[Page 135 STAT. 494]]
``(3) No obligation or influence on recommendations.--An
approval by the Secretary under paragraph (1)(A) shall not--
``(A) constitute an obligation of the Federal
Government; or
``(B) alter or influence any evaluation under
subsection (f)(3)(A)(i) or (g)(4) or any recommendation
by the Secretary for funding under the program.
``(l) Federally-owned Bridges.--
``(1) Divestiture consideration.--In the case of a bridge
owned by a Federal land management agency for which that agency
applies for a grant under the program, the agency--
``(A) shall consider options to divest the bridge to
a State or local entity after completion of the project;
and
``(B) may apply jointly with the State or local
entity to which the bridge may be divested.
``(2) <<NOTE: Applicability.>> Treatment.--Notwithstanding
any other provision of law, section 129 shall apply to a bridge
that was previously owned by a Federal land management agency
and has been transferred to a non-Federal entity under paragraph
(1) in the same manner as if the bridge was never federally
owned.
``(m) Treatment of Projects.--Notwithstanding any other provision of
law, a project assisted under this section shall be treated as a project
on a Federal-aid highway under this chapter.
``(n) <<NOTE: Deadline.>> Congressional Notification.--Not later
than 30 days before making a grant for an eligible project under the
program, the Secretary shall submit to the Committee on Transportation
and Infrastructure of the House of Representatives and the Committee on
Environment and Public Works of the Senate a written notification of the
proposed grant that includes--
``(1) <<NOTE: Evaluation.>> an evaluation and justification
for the eligible project; and
``(2) the amount of the proposed grant.
``(o) Reports.--
``(1) <<NOTE: Web posting.>> Annual report.--Not later than
August 1 of each fiscal year, the Secretary shall make available
on the website of the Department of Transportation an annual
report that lists each eligible project for which a grant has
been provided under the program during the fiscal year.
``(2) GAO assessment and report.--Not later than 3 years
after the date of enactment of the Surface Transportation
Reauthorization Act of 2021, the Comptroller General of the
United States shall--
``(A) conduct an assessment of the administrative
establishment, solicitation, selection, and
justification process with respect to the funding of
grants under the program; and
``(B) submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Environment and Public Works of the Senate
a report that describes--
``(i) the adequacy and fairness of the process
under which each eligible project that received a
grant under the program was selected; and
``(ii) the justification and criteria used for
the selection of each eligible project.
``(p) Limitation.--
[[Page 135 STAT. 495]]
``(1) Large projects.--Of the amounts made available out of
the Highway Trust Fund (other than the Mass Transit Account) to
carry out this section for each of fiscal years 2022 through
2026, not less than 50 percent, in aggregate, shall be used for
large projects.
``(2) <<NOTE: Determination.>> Unutilized amounts.--If, in
fiscal year 2026, the Secretary determines that grants under the
program will not allow for the requirement under paragraph (1)
to be met, the Secretary shall use the unutilized amounts to
make other grants under the program during that fiscal year.
``(q) Tribal Transportation Facility Bridge Set Aside.--
``(1) In general.--Of the amounts made available from the
Highway Trust Fund (other than the Mass Transit Account) for a
fiscal year to carry out this section, the Secretary shall use,
to carry out section 202(d)--
``(A) $16,000,000 for fiscal year 2022;
``(B) $18,000,000 for fiscal year 2023;
``(C) $20,000,000 for fiscal year 2024;
``(D) $22,000,000 for fiscal year 2025; and
``(E) $24,000,000 for fiscal year 2026.
``(2) Treatment.--For purposes of section 201, funds made
available for section 202(d) under paragraph (1) shall be
considered to be part of the tribal transportation program.''.
(b) Clerical Amendment.--The analysis for chapter 1 of title 23,
United States Code, <<NOTE: 23 USC 101 prec.>> is amended by inserting
after the item relating to section 123 the following:
``124. Bridge investment program.''.
SEC. 11119. SAFE ROUTES TO SCHOOL.
(a) In General.--Chapter 2 of title 23, United States Code, is
amended by inserting after section 207 the following:
``Sec. 208. <<NOTE: 23 USC 208.>> Safe routes to school
``(a) Definitions.--In this section:
``(1) In the vicinity of schools.--The term `in the vicinity
of schools', with respect to a school, means the approximately
2-mile area within bicycling and walking distance of the school.
``(2) Primary, middle, and high schools.--The term `primary,
middle, and high schools' means schools providing education from
kindergarten through 12th grade.
``(b) Establishment.--Subject to the requirements of this section,
the Secretary shall establish and carry out a safe routes to school
program for the benefit of children in primary, middle, and high
schools.
``(c) Purposes.--The purposes of the program established under
subsection (b) shall be--
``(1) to enable and encourage children, including those with
disabilities, to walk and bicycle to school;
``(2) to make bicycling and walking to school a safer and
more appealing transportation alternative, thereby encouraging a
healthy and active lifestyle from an early age; and
``(3) to facilitate the planning, development, and
implementation of projects and activities that will improve
safety and reduce traffic, fuel consumption, and air pollution
in the vicinity of schools.
``(d) Apportionment of Funds.--
[[Page 135 STAT. 496]]
``(1) In general.--Subject to paragraphs (2), (3), and (4),
amounts made available to carry out this section for a fiscal
year shall be apportioned among the States so that each State
receives the amount equal to the proportion that--
``(A) the total student enrollment in primary,
middle, and high schools in each State; bears to
``(B) the total student enrollment in primary,
middle, and high schools in all States.
``(2) Minimum apportionment.--No State shall receive an
apportionment under this section for a fiscal year of less than
$1,000,000.
``(3) Set-aside for administrative expenses.--Before
apportioning under this subsection amounts made available to
carry out this section for a fiscal year, the Secretary shall
set aside not more than $3,000,000 of those amounts for the
administrative expenses of the Secretary in carrying out this
section.
``(4) Determination of student enrollments.--Determinations
under this subsection relating to student enrollments shall be
made by the Secretary.
``(e) Administration of Amounts.--Amounts apportioned to a State
under this section shall be administered by the State department of
transportation.
``(f) Eligible Recipients.--Amounts apportioned to a State under
this section shall be used by the State to provide financial assistance
to State, local, Tribal, and regional agencies, including nonprofit
organizations, that demonstrate an ability to meet the requirements of
this section.
``(g) Eligible Projects and Activities.--
``(1) Infrastructure-related projects.--
``(A) In general.--Amounts apportioned to a State
under this section may be used for the planning, design,
and construction of infrastructure-related projects that
will substantially improve the ability of students to
walk and bicycle to school, including sidewalk
improvements, traffic calming and speed reduction
improvements, pedestrian and bicycle crossing
improvements, on-street bicycle facilities, off-street
bicycle and pedestrian facilities, secure bicycle
parking facilities, and traffic diversion improvements
in the vicinity of schools.
``(B) Location of projects.--Infrastructure-related
projects under subparagraph (A) may be carried out on
any public road or any bicycle or pedestrian pathway or
trail in the vicinity of schools.
``(2) Noninfrastructure-related activities.--
``(A) In general.--In addition to projects described
in paragraph (1), amounts apportioned to a State under
this section may be used for noninfrastructure-related
activities to encourage walking and bicycling to school,
including public awareness campaigns and outreach to
press and community leaders, traffic education and
enforcement in the vicinity of schools, student sessions
on bicycle and pedestrian safety, health, and
environment, and funding for training, volunteers, and
managers of safe routes to school programs.
``(B) Allocation.--Not less than 10 percent and not
more than 30 percent of the amount apportioned to a
[[Page 135 STAT. 497]]
State under this section for a fiscal year shall be used
for noninfrastructure-related activities under this
paragraph.
``(3) Safe routes to school coordinator.--Each State shall
use a sufficient amount of the apportionment of the State for
each fiscal year to fund a full-time position of coordinator of
the safe routes to school program of the State.
``(h) Clearinghouse.--
``(1) <<NOTE: Grants.>> In general.--The Secretary shall
make grants to a national nonprofit organization engaged in
promoting safe routes to schools--
``(A) to operate a national safe routes to school
clearinghouse;
``(B) to develop information and educational
programs on safe routes to school; and
``(C) to provide technical assistance and
disseminate techniques and strategies used for
successful safe routes to school programs.
``(2) Funding.--The Secretary shall carry out this
subsection using amounts set aside for administrative expenses
under subsection (d)(3).
``(i) Treatment of Projects.--Notwithstanding any other provision of
law, a project assisted under this section shall be treated as a project
on a Federal-aid highway under chapter 1.''.
(b) Conforming Amendments.--
(1) The analysis for chapter 2 of title 23, United States
Code, <<NOTE: 23 USC 201 prec.>> is amended by inserting after
the item relating to section 207 the following:
``208. Safe routes to school.''.
(2) <<NOTE: Repeal.>> Section 1404 of SAFETEA-LU (23 U.S.C.
402 note; Public Law 109-59) is repealed.
(3) The table of contents in section 1(b) of SAFETEA-LU
(Public Law 109-59; 119 Stat. 1144) is amended by striking the
item relating to section 1404.
SEC. 11120. HIGHWAY USE TAX EVASION PROJECTS.
Section 143(b)(2)(A) of title 23, United States Code, is amended by
striking ``fiscal years 2016 through 2020'' and inserting ``fiscal years
2022 through 2026''.
SEC. 11121. CONSTRUCTION OF FERRY BOATS AND FERRY TERMINAL
FACILITIES.
Section 147 of title 23, United States Code, is amended by striking
subsection (h) and inserting the following:
``(h) Authorization of Appropriations.--There are authorized to be
appropriated out of the Highway Trust Fund (other than the Mass Transit
Account) to carry out this section--
``(1) $110,000,000 for fiscal year 2022;
``(2) $112,000,000 for fiscal year 2023;
``(3) $114,000,000 for fiscal year 2024;
``(4) $116,000,000 for fiscal year 2025; and
``(5) $118,000,000 for fiscal year 2026.''.
SEC. 11122. <<NOTE: 23 USC 148 note.>> VULNERABLE ROAD USER
RESEARCH.
(a) Definitions.--In this subsection:
[[Page 135 STAT. 498]]
(1) Administrator.--The term ``Administrator'' means the
Secretary, acting through the Administrator of the Federal
Highway Administration.
(2) Vulnerable road user.--The term ``vulnerable road user''
has the meaning given the term in section 148(a) of title 23,
United States Code.
(b) Establishment of Research Plan.--The Administrator shall
establish a research plan to prioritize research on roadway designs, the
development of safety countermeasures to minimize fatalities and serious
injuries to vulnerable road users, and the promotion of bicycling and
walking, including research relating to--
(1) roadway safety improvements, including traffic calming
techniques and vulnerable road user accommodations appropriate
in a suburban arterial context;
(2) the impacts of traffic speeds, and access to low-traffic
stress corridors, on safety and rates of bicycling and walking;
(3) <<NOTE: Evaluation.>> tools to evaluate the impact of
transportation improvements on projected rates and safety of
bicycling and walking; and
(4) <<NOTE: Determination.>> other research areas to be
determined by the Administrator.
(c) Vulnerable Road User Assessments.--The Administrator shall--
(1) <<NOTE: Reviews. Determination.>> review each
vulnerable road user safety assessment submitted by a State
under section 148(l) of title 23, United States Code, and other
relevant sources of data to determine what, if any, standard
definitions and methods should be developed through guidance to
enable a State to collect pedestrian injury and fatality data;
and
(2) in the first progress update under subsection (d)(2),
provide--
(A) the results of the determination described in
paragraph (1); and
(B) <<NOTE: Recommenda- tions.>> the
recommendations of the Secretary with respect to the
collection and reporting of data on the safety of
vulnerable road users.
(d) <<NOTE: Deadlines.>> Submission; Publication.--
(1) Submission of plan.--Not later than 180 days after the
date of enactment of this Act, the Administrator shall submit to
the Committee on Environment and Public Works of the Senate and
the Committee on Transportation and Infrastructure of the House
of Representatives the research plan described in subsection
(b).
(2) Progress updates.--Not later than 2 years after the date
of enactment of this Act, and biannually thereafter, the
Administrator shall submit to the Committees described in
paragraph (1)--
(A) updates on the progress and findings of the
research conducted pursuant to the plan described in
subsection (b); and
(B) in the first submission under this paragraph,
the results and recommendations described in subsection
(c)(2).
[[Page 135 STAT. 499]]
SEC. 11123. WILDLIFE CROSSING SAFETY.
(a) Declaration of Policy.--Section 101(b)(3)(D) of title 23, United
States Code, is amended, in the matter preceding clause (i), by
inserting ``resilient,'' after ``efficient,''.
(b) Wildlife Crossings Pilot Program.--
(1) In general.--Chapter 1 of title 23, United States Code,
is amended by adding at the end the following:
``Sec. 171. <<NOTE: Grants. 23 USC 171.>> Wildlife crossings
pilot program
``(a) Finding.--Congress finds that greater adoption of wildlife-
vehicle collision safety countermeasures is in the public interest
because--
``(1) according to the report of the Federal Highway
Administration entitled `Wildlife-Vehicle Collision Reduction
Study', there are more than 1,000,000 wildlife-vehicle
collisions every year;
``(2) wildlife-vehicle collisions--
``(A) present a danger to--
``(i) human safety; and
``(ii) wildlife survival; and
``(B) represent a persistent concern that results in
tens of thousands of serious injuries and hundreds of
fatalities on the roadways of the United States; and
``(3) the total annual cost associated with wildlife-vehicle
collisions has been estimated to be $8,388,000,000; and
``(4) wildlife-vehicle collisions are a major threat to the
survival of species, including birds, reptiles, mammals, and
amphibians.
``(b) Establishment.--The Secretary shall establish a competitive
wildlife crossings pilot program (referred to in this section as the
`pilot program') to provide grants for projects that seek to achieve--
``(1) a reduction in the number of wildlife-vehicle
collisions; and
``(2) in carrying out the purpose described in paragraph
(1), improved habitat connectivity for terrestrial and aquatic
species.
``(c) Eligible Entities.--An entity eligible to apply for a grant
under the pilot program is--
``(1) a State highway agency, or an equivalent of that
agency;
``(2) a metropolitan planning organization (as defined in
section 134(b));
``(3) a unit of local government;
``(4) a regional transportation authority;
``(5) a special purpose district or public authority with a
transportation function, including a port authority;
``(6) an Indian tribe (as defined in section 207(m)(1)),
including a Native village and a Native Corporation (as those
terms are defined in section 3 of the Alaska Native Claims
Settlement Act (43 U.S.C. 1602));
``(7) a Federal land management agency; or
``(8) a group of any of the entities described in paragraphs
(1) through (7).
``(d) Applications.--
[[Page 135 STAT. 500]]
``(1) In general.--To be eligible to receive a grant under
the pilot program, an eligible entity shall submit to the
Secretary an application at such time, in such manner, and
containing such information as the Secretary may require.
``(2) <<NOTE: Consultation.>> Requirement.--If an
application under paragraph (1) is submitted by an eligible
entity other than an eligible entity described in paragraph (1)
or (7) of subsection (c), the application shall include
documentation that the State highway agency, or an equivalent of
that agency, of the State in which the eligible entity is
located was consulted during the development of the application.
``(3) Guidance.--To enhance consideration of current and
reliable data, eligible entities may obtain guidance from an
agency in the State with jurisdiction over fish and wildlife.
``(e) Considerations.--In selecting grant recipients under the pilot
program, the Secretary shall take into consideration the following:
``(1) Primarily, the extent to which the proposed project of
an eligible entity is likely to protect motorists and wildlife
by reducing the number of wildlife-vehicle collisions and
improve habitat connectivity for terrestrial and aquatic
species.
``(2) Secondarily, the extent to which the proposed project
of an eligible entity is likely to accomplish the following:
``(A) Leveraging Federal investment by encouraging
non-Federal contributions to the project, including
projects from public-private partnerships.
``(B) Supporting local economic development and
improvement of visitation opportunities.
``(C) Incorporation of innovative technologies,
including advanced design techniques and other
strategies to enhance efficiency and effectiveness in
reducing wildlife-vehicle collisions and improving
habitat connectivity for terrestrial and aquatic
species.
``(D) Provision of educational and outreach
opportunities.
``(E) Monitoring and research to evaluate, compare
effectiveness of, and identify best practices in,
selected projects.
``(F) <<NOTE: Determination.>> Any other criteria
relevant to reducing the number of wildlife-vehicle
collisions and improving habitat connectivity for
terrestrial and aquatic species, as the Secretary
determines to be appropriate, subject to the condition
that the implementation of the pilot program shall not
be delayed in the absence of action by the Secretary to
identify additional criteria under this subparagraph.
``(f) Use of Funds.--
``(1) In general.--The Secretary shall ensure that a grant
received under the pilot program is used for a project to reduce
wildlife-vehicle collisions.
``(2) Grant administration.--
``(A) In general.--A grant received under the pilot
program shall be administered by--
``(i) in the case of a grant to a Federal land
management agency or an Indian tribe (as defined
in section 207(m)(1), including a Native village
and a Native Corporation (as those terms are
defined in section 3 of the Alaska Native Claims
Settlement Act (43 U.S.C.
[[Page 135 STAT. 501]]
1602))), the Federal Highway Administration,
through an agreement; and
``(ii) in the case of a grant to an eligible
entity other than an eligible entity described in
clause (i), the State highway agency, or an
equivalent of that agency, for the State in which
the project is to be carried out.
``(B) Partnerships.--
``(i) In general.--A grant received under the
pilot program may be used to provide funds to
eligible partners of the project for which the
grant was received described in clause (ii), in
accordance with the terms of the project
agreement.
``(ii) Eligible partners described.--The
eligible partners referred to in clause (i)
include--
``(I) a metropolitan planning
organization (as defined in section
134(b));
``(II) a unit of local government;
``(III) a regional transportation
authority;
``(IV) a special purpose district or
public authority with a transportation
function, including a port authority;
``(V) an Indian tribe (as defined in
section 207(m)(1)), including a Native
village and a Native Corporation (as
those terms are defined in section 3 of
the Alaska Native Claims Settlement Act
(43 U.S.C. 1602));
``(VI) a Federal land management
agency;
``(VII) a foundation,
nongovernmental organization, or
institution of higher education;
``(VIII) a Federal, Tribal,
regional, or State government entity;
and
``(IX) a group of any of the
entities described in subclauses (I)
through (VIII).
``(3) Compliance.--An eligible entity that receives a grant
under the pilot program and enters into a partnership described
in paragraph (2) shall establish measures to verify that an
eligible partner that receives funds from the grant complies
with the conditions of the pilot program in using those funds.
``(g) <<NOTE: Urban and rural areas.>> Requirement.--The Secretary
shall ensure that not less than 60 percent of the amounts made available
for grants under the pilot program each fiscal year are for projects
located in rural areas.
``(h) Annual Report to Congress.--
``(1) <<NOTE: Public information.>> In general.--Not later
than December 31 of each calendar year, the Secretary shall
submit to Congress, and make publicly available, a report
describing the activities under the pilot program for the fiscal
year that ends during that calendar year.
``(2) Contents.--The report under paragraph (1) shall
include--
``(A) a detailed description of the activities
carried out under the pilot program;
``(B) <<NOTE: Evaluation.>> an evaluation of the
effectiveness of the pilot program in meeting the
purposes described in subsection (b); and
[[Page 135 STAT. 502]]
``(C) <<NOTE: Recommenda- tions.>> policy
recommendations to improve the effectiveness of the
pilot program.
``(i) Treatment of Projects.--Notwithstanding any other provision of
law, a project assisted under this section shall be treated as a project
on a Federal-aid highway under this chapter.''.
(2) Clerical amendment.--The analysis for chapter 1 of title
23, United States Code, <<NOTE: 23 USC 101 prec.>> is amended
by inserting after the item relating to section 170 the
following:
``171. Wildlife crossings pilot program.''.
(c) Wildlife Vehicle Collision Reduction and Habitat Connectivity
Improvement.--
(1) In general.--Chapter 1 of title 23, United States Code
(as amended by subsection (b)(1)), is amended by adding at the
end the following:
``Sec. 172. <<NOTE: 23 USC 172.>> Wildlife-vehicle collision
reduction and habitat connectivity improvement
``(a) Study.--
``(1) In general.--The Secretary shall conduct a study
(referred to in this subsection as the `study') of the state, as
of the date of the study, of the practice of methods to reduce
collisions between motorists and wildlife (referred to in this
section as `wildlife-vehicle collisions').
``(2) Contents.--
``(A) Areas of study.--The study shall--
``(i) <<NOTE: Update.>> update and expand on,
as appropriate--
``(I) the report entitled `Wildlife
Vehicle Collision Reduction Study: 2008
Report to Congress'; and
``(II) the document entitled
`Wildlife Vehicle Collision Reduction
Study: Best Practices Manual' and dated
October 2008; and
``(ii) include--
``(I) <<NOTE: Assessments.>> an
assessment, as of the date of the study,
of--
``(aa) the causes of
wildlife-vehicle collisions;
``(bb) the impact of
wildlife-vehicle collisions on
motorists and wildlife; and
``(cc) the impacts of roads
and traffic on habitat
connectivity for terrestrial and
aquatic species; and
``(II) solutions and best practices
for--
``(aa) reducing wildlife-
vehicle collisions; and
``(bb) improving habitat
connectivity for terrestrial and
aquatic species.
``(B) Methods.--In carrying out the study, the
Secretary shall--
``(i) <<NOTE: Review.>> conduct a thorough
review of research and data relating to--
``(I) wildlife-vehicle collisions;
and
``(II) habitat fragmentation that
results from transportation
infrastructure;
``(ii) <<NOTE: Survey.>> survey current
practices of the Department of Transportation and
State departments of transportation to reduce
wildlife-vehicle collisions; and
[[Page 135 STAT. 503]]
``(iii) <<NOTE: Consultation.>> consult
with--
``(I) appropriate experts in the
field of wildlife-vehicle collisions;
and
``(II) appropriate experts on the
effects of roads and traffic on habitat
connectivity for terrestrial and aquatic
species.
``(3) Report.--
``(A) In general.--Not later than 18 months after
the date of enactment of the Surface Transportation
Reauthorization Act of 2021, the Secretary shall submit
to Congress a report on the results of the study.
``(B) Contents.--The report under subparagraph (A)
shall include--
``(i) a description of--
``(I) the causes of wildlife-vehicle
collisions;
``(II) the impacts of wildlife-
vehicle collisions; and
``(III) the impacts of roads and
traffic on--
``(aa) species listed as
threatened species or endangered
species under the Endangered
Species Act of 1973 (16 U.S.C.
1531 et seq.);
``(bb) species identified by
States as species of greatest
conservation need;
``(cc) species identified in
State wildlife plans; and
``(dd) medium and small
terrestrial and aquatic species;
``(ii) <<NOTE: Evaluation.>> an economic
evaluation of the costs and benefits of installing
highway infrastructure and other measures to
mitigate damage to terrestrial and aquatic
species, including the effect on jobs, property
values, and economic growth to society, adjacent
communities, and landowners;
``(iii) <<NOTE: Recommenda- tions.>>
recommendations for preventing wildlife-vehicle
collisions, including recommended best practices,
funding resources, or other recommendations for
addressing wildlife-vehicle collisions; and
``(iv) <<NOTE: Consultation.>> guidance,
developed in consultation with Federal land
management agencies and State departments of
transportation, State fish and wildlife agencies,
and Tribal governments that agree to participate,
for developing, for each State that agrees to
participate, a voluntary joint statewide
transportation and wildlife action plan--
``(I) to address wildlife-vehicle
collisions; and
``(II) to improve habitat
connectivity for terrestrial and aquatic
species.
``(b) Workforce Development and Technical Training.--
``(1) <<NOTE: Deadline.>> In general.--Not later than 3
years after the date of enactment of the Surface Transportation
Reauthorization Act of 2021, the Secretary shall, based on the
study conducted under subsection (a), develop a series of in-
person and online workforce development and technical training
courses--
``(A) to reduce wildlife-vehicle collisions; and
``(B) to improve habitat connectivity for
terrestrial and aquatic species.
``(2) Availability.--The Secretary shall--
[[Page 135 STAT. 504]]
``(A) make the series of courses developed under
paragraph (1) available for transportation and fish and
wildlife professionals; and
``(B) <<NOTE: Updates.>> update the series of
courses not less frequently than once every 2 years.
``(c) Standardization of Wildlife Collision and Carcass Data.--
``(1) Standardized methodology.--
``(A) In general.--The Secretary, acting through the
Administrator of the Federal Highway Administration
(referred to in this subsection as the `Secretary'),
shall develop a quality standardized methodology for
collecting and reporting spatially accurate wildlife
collision and carcass data for the National Highway
System, considering the practicability of the
methodology with respect to technology and cost.
``(B) Methodology.--In developing the standardized
methodology under subparagraph (A), the Secretary
shall--
``(i) <<NOTE: Survey.>> survey existing
methodologies and sources of data collection,
including the Fatality Analysis Reporting System,
the General Estimates System of the National
Automotive Sampling System, and the Highway Safety
Information System; and
``(ii) to the extent practicable, identify and
correct limitations of those existing
methodologies and sources of data collection.
``(C) Consultation.--In developing the standardized
methodology under subparagraph (A), the Secretary shall
consult with--
``(i) the Secretary of the Interior;
``(ii) the Secretary of Agriculture, acting
through the Chief of the Forest Service;
``(iii) Tribal, State, and local
transportation and wildlife authorities;
``(iv) metropolitan planning organizations (as
defined in section 134(b));
``(v) members of the American Association of
State Highway Transportation Officials;
``(vi) members of the Association of Fish and
Wildlife Agencies;
``(vii) experts in the field of wildlife-
vehicle collisions;
``(viii) nongovernmental organizations; and
``(ix) other interested stakeholders, as
appropriate.
``(2) Standardized national data system with voluntary
template implementation.--The Secretary shall--
``(A) develop a template for State implementation of
a standardized national wildlife collision and carcass
data system for the National Highway System that is
based on the standardized methodology developed under
paragraph (1); and
``(B) encourage the voluntary implementation of the
template developed under subparagraph (A).
``(3) Reports.--
``(A) Methodology.--The Secretary shall submit to
Congress a report describing the standardized
methodology
[[Page 135 STAT. 505]]
developed under paragraph (1) not later than the later
of--
``(i) the date that is 18 months after the
date of enactment of the Surface Transportation
Reauthorization Act of 2021; and
``(ii) the date that is 180 days after the
date on which the Secretary completes the
development of the standardized methodology.
``(B) Implementation.--Not later than 4 years after
the date of enactment of the Surface Transportation
Reauthorization Act of 2021, the Secretary shall submit
to Congress a report describing--
``(i) the status of the voluntary
implementation of the standardized methodology
developed under paragraph (1) and the template
developed under paragraph (2)(A);
``(ii) whether the implementation of the
standardized methodology developed under paragraph
(1) and the template developed under paragraph
(2)(A) has impacted efforts by States, units of
local government, and other entities--
``(I) to reduce the number of
wildlife-vehicle collisions; and
``(II) to improve habitat
connectivity;
``(iii) the degree of the impact described in
clause (ii); and
``(iv) <<NOTE: Recommenda- tions.>> the
recommendations of the Secretary, including
recommendations for further study aimed at
reducing motorist collisions involving wildlife
and improving habitat connectivity for terrestrial
and aquatic species on the National Highway
System, if any.
``(d) National Threshold Guidance.--The Secretary shall--
``(1) <<NOTE: Determination.>> establish guidance, to be
carried out by States on a voluntary basis, that contains a
threshold for determining whether a highway shall be evaluated
for potential mitigation measures to reduce wildlife-vehicle
collisions and increase habitat connectivity for terrestrial and
aquatic species, taking into consideration--
``(A) the number of wildlife-vehicle collisions on
the highway that pose a human safety risk;
``(B) highway-related mortality and the effects of
traffic on the highway on--
``(i) species listed as endangered species or
threatened species under the Endangered Species
Act of 1973 (16 U.S.C. 1531 et seq.);
``(ii) species identified by a State as
species of greatest conservation need;
``(iii) species identified in State wildlife
plans; and
``(iv) medium and small terrestrial and
aquatic species; and
``(C) habitat connectivity values for terrestrial
and aquatic species and the barrier effect of the
highway on the movements and migrations of those
species.''.
(2) Clerical amendment.--The analysis for chapter 1 of title
23, United States Code <<NOTE: 23 USC 101 prec.>> (as amended
by subsection (b)(2))
[[Page 135 STAT. 506]]
is amended by inserting after the item relating to section 171
the following:
``172. Wildlife-vehicle collision reduction and habitat connectivity
improvement.''.
(d) Wildlife Crossings Standards.--Section 109(c)(2) of title 23,
United States Code, is amended--
(1) in subparagraph (E), by striking ``and'' at the end;
(2) by redesignating subparagraph (F) as subparagraph (G);
and
(3) by inserting after subparagraph (E) the following:
``(F) the publication of the Federal Highway
Administration entitled `Wildlife Crossing Structure
Handbook: Design and Evaluation in North America' and
dated March 2011; and''.
(e) Wildlife Habitat Connectivity and National Bridge and Tunnel
Inventory and Inspection Standards.--Section 144 of title 23, United
States Code, is amended--
(1) in subsection (a)(2)--
(A) in subparagraph (B), by inserting ``,
resilience,'' after ``safety'';
(B) in subparagraph (D), by striking ``and'' at the
end;
(C) in subparagraph (E), by striking the period at
the end and inserting ``; and''; and
(D) by adding at the end the following:
``(F) to ensure adequate passage of aquatic and
terrestrial species, where appropriate.'';
(2) in subsection (b)--
(A) in paragraph (4), by striking ``and'' at the
end;
(B) in paragraph (5), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(6) determine if the replacement or rehabilitation of
bridges and tunnels should include measures to enable safe and
unimpeded movement for terrestrial and aquatic species.''; and
(3) in subsection (i), by adding at the end the following:
``(3) Requirement.--The first revision under paragraph (2)
after the date of enactment of the Surface Transportation
Reauthorization Act of 2021 shall include techniques to assess
passage of aquatic and terrestrial species and habitat
restoration potential.''.
SEC. 11124. CONSOLIDATION OF PROGRAMS.
Section 1519(a) of MAP-21 (Public Law 112-141; 126 Stat. 574; 129
Stat. 1423) is amended, in the matter preceding paragraph (1), by
striking ``fiscal years 2016 through 2020'' and inserting ``fiscal years
2022 through 2026''.
SEC. 11125. GAO REPORT.
(a) <<NOTE: Repeal.>> In General.--Section 1433 of the FAST Act (23
U.S.C. 101 note; Public Law 114-94) is repealed.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the FAST Act (Public Law 114-94; 129 Stat. 1312) is amended by striking
the item relating to section 1433.
SEC. 11126. TERRITORIAL AND PUERTO RICO HIGHWAY PROGRAM.
Section 165 of title 23, United States Code, is amended--
[[Page 135 STAT. 507]]
(1) in subsection (a), by striking paragraphs (1) and (2)
and inserting the following:
``(1) for the Puerto Rico highway program under subsection
(b)--
``(A) $173,010,000 shall be for fiscal year 2022;
``(B) $176,960,000 shall be for fiscal year 2023;
``(C) $180,120,000 shall be for fiscal year 2024;
``(D) $183,675,000 shall be for fiscal year 2025;
and
``(E) $187,230,000 shall be for fiscal year 2026;
and
``(2) for the territorial highway program under subsection
(c)--
``(A) $45,990,000 shall be for fiscal year 2022;
``(B) $47,040,000 shall be for fiscal year 2023;
``(C) $47,880,000 shall be for fiscal year 2024;
``(D) $48,825,000 shall be for fiscal year 2025; and
``(E) $49,770,000 shall be for fiscal year 2026.'';
(2) in subsection (b)(2)(C)(iii), by inserting ``and
preventative maintenance on the National Highway System'' after
``chapter 1''; and
(3) in subsection (c)(7), by striking ``paragraphs (1)
through (4) of section 133(c) and section 133(b)(12)'' and
inserting ``paragraphs (1), (2), (3), and (5) of section 133(c)
and section 133(b)(13)''.
SEC. 11127. NATIONALLY SIGNIFICANT FEDERAL LANDS AND TRIBAL
PROJECTS PROGRAM.
Section 1123 of the FAST Act (23 U.S.C. 201 note; Public Law 114-94)
is amended--
(1) in subsection (c)(3), by striking ``$25,000,000'' and
all that follows through the period at the end and inserting
``$12,500,000.'';
(2) in subsection (g)--
(A) by striking the subsection designation and
heading and all that follows through ``The Federal'' in
paragraph (1) and inserting the following:
``(g) Cost Share.--
``(1) Federal share.--
``(A) In general.--Except as provided in
subparagraph (B), the Federal'';
(B) in paragraph (1), by adding at the end the
following:
``(B) Tribal projects.--In the case of a project on
a tribal transportation facility (as defined in section
101(a) of title 23, United States Code), the Federal
share of the cost of the project shall be 100
percent.''; and
(C) in paragraph (2), by striking ``other than those
made available under title 23 or title 49, United States
Code,''; and
(3) by striking subsection (h) and inserting the following:
``(h) Use of Funds.--
``(1) In general.--For each fiscal year, of the amounts made
available to carry out this section--
``(A) 50 percent shall be used for eligible projects
on Federal lands transportation facilities and Federal
lands access transportation facilities (as those terms
are defined in section 101(a) of title 23, United States
Code); and
[[Page 135 STAT. 508]]
``(B) 50 percent shall be used for eligible projects
on tribal transportation facilities (as defined in
section 101(a) of title 23, United States Code).
``(2) Requirement.--Not less than 1 eligible project carried
out using the amount described in paragraph (1)(A) shall be in a
unit of the National Park System with not less than 3,000,000
annual visitors.
``(3) Availability.--Amounts made available to carry out
this section shall remain available for a period of 3 fiscal
years following the fiscal year for which the amounts are
appropriated.''.
SEC. 11128. TRIBAL HIGH PRIORITY PROJECTS PROGRAM.
Section 1123(h) of MAP-21 (23 U.S.C. 202 note; Public Law 112-141)
is amended--
(1) by redesignating paragraph (2) as paragraph (3);
(2) in paragraph (3) (as so redesignated), in the matter
preceding subparagraph (A), by striking ``paragraph (1)'' and
inserting ``paragraphs (1) and (2)''; and
(3) by striking the subsection designation and heading and
all that follows through the period at the end of paragraph (1)
and inserting the following:
``(h) Funding.--
``(1) Set-aside.--For each of fiscal years 2022 through
2026, of the amounts made available to carry out the tribal
transportation program under section 202 of title 23, United
States Code, for that fiscal year, the Secretary shall use
$9,000,000 to carry out the program.
``(2) Authorization of appropriations.--In addition to
amounts made available under paragraph (1), there is authorized
to be appropriated $30,000,000 out of the general fund of the
Treasury to carry out the program for each of fiscal years 2022
through 2026.''.
SEC. 11129. STANDARDS.
Section 109 of title 23, United States Code, is amended--
(1) in subsection (d)--
(A) by striking ``(d) On any'' and inserting the
following:
``(d) Manual on Uniform Traffic Control Devices.--
``(1) In general.--On any'';
(B) in paragraph (1) (as so designated), by striking
``promote the safe'' and inserting ``promote the safety,
inclusion, and mobility of all users''; and
(C) by adding at the end the following:
``(2) <<NOTE: Deadline.>> Updates.--Not later than 18
months after the date of enactment of the Surface Transportation
Reauthorization Act of 2021 and not less frequently than every 4
years thereafter, the Secretary shall update the Manual on
Uniform Traffic Control Devices.'';
(2) in subsection (o)--
(A) by striking ``Projects'' and inserting:
``(A) In general.--Projects''; and
(B) by inserting at the end the following:
``(B) Local jurisdictions.--Notwithstanding
subparagraph (A), a local jurisdiction may use a roadway
design guide recognized by the Federal Highway
Administration and adopted by the local jurisdiction
that is different from the roadway design guide used by
the State in which
[[Page 135 STAT. 509]]
the local jurisdiction is located for the design of
projects on all roadways under the ownership of the
local jurisdiction (other than a highway on the National
Highway System) for which the local jurisdiction is the
project sponsor, provided that the design complies with
all other applicable Federal laws.''; and
(3) by adding at the end the following:
``(s) Electric Vehicle Charging Stations.--
``(1) Standards.--Electric vehicle charging infrastructure
installed using funds provided under this title shall provide,
at a minimum--
``(A) non-proprietary charging connectors that meet
applicable industry safety standards; and
``(B) open access to payment methods that are
available to all members of the public to ensure secure,
convenient, and equal access to the electric vehicle
charging infrastructure that shall not be limited by
membership to a particular payment provider.
``(2) Treatment of projects.--Notwithstanding any other
provision of law, a project to install electric vehicle charging
infrastructure using funds provided under this title shall be
treated as if the project is located on a Federal-aid
highway.''.
SEC. 11130. PUBLIC TRANSPORTATION.
(a) In General.--Section 142(a) of title 23, United States Code, is
amended by adding at the end the following:
``(3) Bus corridors.--In addition to the projects described
in paragraphs (1) and (2), the Secretary may approve payment
from sums apportioned under paragraph (2) or (7) of section
104(b) for carrying out a capital project for the construction
of a bus rapid transit corridor or dedicated bus lanes,
including the construction or installation of--
``(A) traffic signaling and prioritization systems;
``(B) redesigned intersections that are necessary
for the establishment of a bus rapid transit corridor;
``(C) on-street stations;
``(D) fare collection systems;
``(E) information and wayfinding systems; and
``(F) depots.''.
(b) Technical Correction.--Section 142 of title 23, United States
Code, is amended by striking subsection (i).
SEC. 11131. RESERVATION OF CERTAIN FUNDS.
(a) Open Container Requirements.--Section 154(c)(2) of title 23,
United States Code, is amended--
(1) in the paragraph heading, by striking ``2012'' and
inserting ``2022'';
(2) by striking subparagraph (A) and inserting the
following:
``(A) Reservation of funds.--
``(i) <<NOTE: Effective
dates. Certification.>> In general.--On October
1, 2021, and each October 1 thereafter, in the
case of a State described in clause (ii), the
Secretary shall reserve an amount equal to 2.5
percent of the funds to be apportioned to the
State on that date under each of paragraphs (1)
and (2) of section 104(b) until the State
certifies to the Secretary the means by which the
State will
[[Page 135 STAT. 510]]
use those reserved funds in accordance with
subparagraphs (A) and (B) of paragraph (1), and
paragraph (3).
``(ii) States described.--A State referred to
in clause (i) is a State--
``(I) that has not enacted or is not
enforcing an open container law
described in subsection (b); and
``(II) <<NOTE: Determination.>> for
which the Secretary determined for the
prior fiscal year that the State had not
enacted or was not enforcing an open
container law described in subsection
(b).''; and
(3) in subparagraph (B), in the matter preceding clause (i),
by striking ``subparagraph (A)'' and inserting ``subparagraph
(A)(i)''.
(b) Repeat Intoxicated Driver Laws.--Section 164(b)(2) of title 23,
United States Code, is amended--
(1) in the paragraph heading, by striking ``2012'' and
inserting ``2022'';
(2) by striking subparagraph (A) and inserting the
following:
``(A) Reservation of funds.--
``(i) <<NOTE: Effective
dates. Certification.>> In general.--On October
1, 2021, and each October 1 thereafter, in the
case of a State described in clause (ii), the
Secretary shall reserve an amount equal to 2.5
percent of the funds to be apportioned to the
State on that date under each of paragraphs (1)
and (2) of section 104(b) until the State
certifies to the Secretary the means by which the
State will use those reserved funds in accordance
with subparagraphs (A) and (B) of paragraph (1),
and paragraph (3).
``(ii) States described.--A State referred to
in clause (i) is a State--
``(I) that has not enacted or is not
enforcing a repeat intoxicated driver
law; and
``(II) <<NOTE: Determination.>> for
which the Secretary determined for the
prior fiscal year that the State had not
enacted or was not enforcing a repeat
intoxicated driver law.''; and
(3) in subparagraph (B), in the matter preceding clause (i),
by striking ``subparagraph (A)'' and inserting ``subparagraph
(A)(i)''.
SEC. 11132. RURAL SURFACE TRANSPORTATION GRANT PROGRAM.
(a) In General.--Chapter 1 of title 23, United States Code (as
amended by section 11123(c)(1)), is amended by adding at the end the
following:
``Sec. 173. <<NOTE: 23 USC 173.>> Rural surface transportation
grant program
``(a) Definitions.--In this section:
``(1) Program.--The term `program' means the program
established under subsection (b)(1).
``(2) Rural area.--The term `rural area' means an area that
is outside an urbanized area with a population of over 200,000.
``(b) Establishment.--
[[Page 135 STAT. 511]]
``(1) In general.--The Secretary shall establish a rural
surface transportation grant program to provide grants, on a
competitive basis, to eligible entities to improve and expand
the surface transportation infrastructure in rural areas.
``(2) Goals.--The goals of the program shall be--
``(A) to increase connectivity;
``(B) to improve the safety and reliability of the
movement of people and freight; and
``(C) to generate regional economic growth and
improve quality of life.
``(3) Grant administration.--The Secretary may--
``(A) <<NOTE: Review.>> retain not more than a
total of 2 percent of the funds made available to carry
out the program and to review applications for grants
under the program; and
``(B) <<NOTE: Transfer authority.>> transfer
portions of the funds retained under subparagraph (A) to
the relevant Administrators to fund the award and
oversight of grants provided under the program.
``(c) Eligible Entities.--The Secretary may make a grant under the
program to--
``(1) a State;
``(2) a regional transportation planning organization;
``(3) a unit of local government;
``(4) a Tribal government or a consortium of Tribal
governments; and
``(5) a multijurisdictional group of entities described in
paragraphs (1) through (4).
``(d) Applications.--To be eligible to receive a grant under the
program, an eligible entity shall submit to the Secretary an application
in such form, at such time, and containing such information as the
Secretary may require.
``(e) Eligible Projects.--
``(1) In general.--Except as provided in paragraph (2), the
Secretary may make a grant under the program only for a project
that is--
``(A) a highway, bridge, or tunnel project eligible
under section 119(d);
``(B) a highway, bridge, or tunnel project eligible
under section 133(b);
``(C) a project eligible under section 202(a);
``(D) a highway freight project eligible under
section 167(h)(5);
``(E) a highway safety improvement project,
including a project to improve a high risk rural road
(as those terms are defined in section 148(a));
``(F) a project on a publicly-owned highway or
bridge that provides or increases access to an
agricultural, commercial, energy, or intermodal facility
that supports the economy of a rural area; or
``(G) a project to develop, establish, or maintain
an integrated mobility management system, a
transportation demand management system, or on-demand
mobility services.
``(2) Bundling of eligible projects.--
``(A) In general.--An eligible entity may bundle 2
or more similar eligible projects under the program that
are--
[[Page 135 STAT. 512]]
``(i) included as a bundled project in a
statewide transportation improvement program under
section 135; and
``(ii) awarded to a single contractor or
consultant pursuant to a contract for engineering
and design or construction between the contractor
and the eligible entity.
``(B) Itemization.--Notwithstanding any other
provision of law (including regulations), a bundling of
eligible projects under this paragraph may be considered
to be a single project, including for purposes of
section 135.
``(f) Eligible Project Costs.--An eligible entity may use funds from
a grant under the program for--
``(1) development phase activities, including planning,
feasibility analysis, revenue forecasting, environmental review,
preliminary engineering and design work, and other
preconstruction activities; and
``(2) construction, reconstruction, rehabilitation,
acquisition of real property (including land related to the
project and improvements to the land), environmental mitigation,
construction contingencies, acquisition of equipment, and
operational improvements.
``(g) <<NOTE: Determination.>> Project Requirements.--The Secretary
may provide a grant under the program to an eligible project only if the
Secretary determines that the project--
``(1) will generate regional economic, mobility, or safety
benefits;
``(2) will be cost effective;
``(3) will contribute to the accomplishment of 1 or more of
the national goals under section 150;
``(4) is based on the results of preliminary engineering;
and
``(5) <<NOTE: Deadline.>> is reasonably expected to begin
construction not later than 18 months after the date of
obligation of funds for the project.
``(h) Additional Considerations.--In providing grants under the
program, the Secretary shall consider the extent to which an eligible
project will--
``(1) improve the state of good repair of existing highway,
bridge, and tunnel facilities;
``(2) increase the capacity or connectivity of the surface
transportation system and improve mobility for residents of
rural areas;
``(3) address economic development and job creation
challenges, including energy sector job losses in energy
communities as identified in the report released in April 2021
by the interagency working group established by section 218 of
Executive Order 14008 (86 Fed. Reg. 7628 (February 1, 2021));
``(4) enhance recreational and tourism opportunities by
providing access to Federal land, national parks, national
forests, national recreation areas, national wildlife refuges,
wilderness areas, or State parks;
``(5) contribute to geographic diversity among grant
recipients;
``(6) utilize innovative project delivery approaches or
incorporate transportation technologies;
[[Page 135 STAT. 513]]
``(7) <<NOTE: Coordination.>> coordinate with projects to
address broadband infrastructure needs; or
``(8) improve access to emergency care, essential services,
healthcare providers, or drug and alcohol treatment and
rehabilitation resources.
``(i) Grant Amount.--Except as provided in subsection (k)(1), a
grant under the program shall be in an amount that is not less than
$25,000,000.
``(j) Federal Share.--
``(1) In general.--Except as provided in paragraph (2), the
Federal share of the cost of a project carried out with a grant
under the program may not exceed 80 percent.
``(2) <<NOTE: Determination.>> Federal share for certain
projects.--The Federal share of the cost of an eligible project
that furthers the completion of a designated segment of the
Appalachian Development Highway System under section 14501 of
title 40, or addresses a surface transportation infrastructure
need identified for the Denali access system program under
section 309 of the Denali Commission Act of 1998 (42 U.S.C. 3121
note; Public Law 105-277) shall be up to 100 percent, as
determined by the State.
``(3) Use of other federal assistance.--Federal assistance
other than a grant under the program may be used to satisfy the
non-Federal share of the cost of a project carried out with a
grant under the program.
``(k) Set Asides.--
``(1) Small projects.--The Secretary shall use not more than
10 percent of the amounts made available for the program for
each fiscal year to provide grants for eligible projects in an
amount that is less than $25,000,000.
``(2) Appalachian development highway system.--The Secretary
shall reserve 25 percent of the amounts made available for the
program for each fiscal year for eligible projects that further
the completion of designated routes of the Appalachian
Development Highway System under section 14501 of title 40.
``(3) Rural roadway lane departures.--The Secretary shall
reserve 15 percent of the amounts made available for the program
for each fiscal year to provide grants for eligible projects
located in States that have rural roadway fatalities as a result
of lane departures that are greater than the average of rural
roadway fatalities as a result of lane departures in the United
States, based on the latest available data from the Secretary.
``(4) Excess funding.--In any fiscal year in which qualified
applications for grants under this subsection do not allow for
the amounts reserved under paragraphs (1), (2), or (3) to be
fully utilized, the Secretary shall use the unutilized amounts
to make other grants under the program.
``(l) <<NOTE: Deadlines.>> Congressional Review.--
``(1) Notification.--Not less than 60 days before providing
a grant under the program, the Secretary shall submit to the
Committee on Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives--
``(A) <<NOTE: List. Determination.>> a list of all
applications determined to be eligible for a grant by
the Secretary;
[[Page 135 STAT. 514]]
``(B) each application proposed to be selected for a
grant, including a justification for the selection; and
``(C) <<NOTE: Proposal.>> proposed grant amounts.
``(2) Committee review.--Before the last day of the 60-day
period described in paragraph (1), each Committee described in
paragraph (1) shall review the list of proposed projects
submitted by the Secretary.
``(3) Congressional disapproval.--The Secretary may not make
a grant or any other obligation or commitment to fund a project
under the program if a joint resolution is enacted disapproving
funding for the project before the last day of the 60-day period
described in paragraph (1).
``(m) Transparency.--
``(1) <<NOTE: Deadline. Web posting.>> In general.--Not
later than 30 days after providing a grant for a project under
the program, the Secretary shall provide to all applicants, and
publish on the website of the Department of Transportation, the
information described in subsection (l)(1).
``(2) Briefing.--The Secretary shall provide, on the request
of an eligible entity, the opportunity to receive a briefing to
explain any reasons the eligible entity was not selected to
receive a grant under the program.
``(n) Reports.--
``(1) <<NOTE: Web posting.>> Annual report.--The Secretary
shall make available on the website of the Department of
Transportation at the end of each fiscal year an annual report
that lists each project for which a grant has been provided
under the program during that fiscal year.
``(2) Comptroller general.--
``(A) Assessment.--The Comptroller General of the
United States shall conduct an assessment of the
administrative establishment, solicitation, selection,
and justification process with respect to the awarding
of grants under the program for each fiscal year.
``(B) Report.--Each fiscal year, the Comptroller
General shall submit to the Committee on Environment and
Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report that describes, for the fiscal
year--
``(i) the adequacy and fairness of the process
by which each project was selected, if applicable;
and
``(ii) the justification and criteria used for
the selection of each project, if applicable.
``(o) Treatment of Projects.--Notwithstanding any other provision of
law, a project assisted under this section shall be treated as a project
on a Federal-aid highway under this chapter.''.
(b) Clerical Amendment.--The analysis for chapter 1 of title 23,
United States Code (as amended by section 11123(c)(2)), <<NOTE: 23 USC
101 prec.>> is amended by inserting after the item relating to section
172 the following:
``173. Rural surface transportation grant program.''.
SEC. 11133. BICYCLE TRANSPORTATION AND PEDESTRIAN WALKWAYS.
Section 217 of title 23, United States Code, is amended--
(1) in subsection (a)--
[[Page 135 STAT. 515]]
(A) by striking ``pedestrian walkways and bicycle''
and inserting ``pedestrian walkways and bicycle and
shared micromobility''; and
(B) by striking ``safe bicycle use'' and inserting
``safe access for bicyclists and pedestrians'';
(2) in subsection (d), by striking ``a position'' and
inserting ``up to 2 positions'';
(3) in subsection (e), by striking ``bicycles'' each place
it appears and inserting ``pedestrians or bicyclists'';
(4) in subsection (f), by striking ``and a bicycle'' and
inserting ``or a bicycle or shared micromobility''; and
(5) in subsection (j), by striking paragraph (2) and
inserting the following:
``(2) Electric bicycle.--
``(A) <<NOTE: Definition.>> In general.--The term
`electric bicycle' means a bicycle--
``(i) equipped with fully operable pedals, a
saddle or seat for the rider, and an electric
motor of less than 750 watts;
``(ii) that can safely share a bicycle
transportation facility with other users of such
facility; and
``(iii) that is a class 1 electric bicycle,
class 2 electric bicycle, or class 3 electric
bicycle.
``(B) Classes of electric bicycles.--
``(i) Class 1 electric bicycle.--For purposes
of subparagraph (A)(iii), the term `class 1
electric bicycle' means an electric bicycle, other
than a class 3 electric bicycle, equipped with a
motor that--
``(I) provides assistance only when
the rider is pedaling; and
``(II) ceases to provide assistance
when the speed of the bicycle reaches or
exceeds 20 miles per hour.
``(ii) Class 2 electric bicycle.--For purposes
of subparagraph (A)(iii), the term `class 2
electric bicycle' means an electric bicycle
equipped with a motor that--
``(I) may be used exclusively to
propel the bicycle; and
``(II) is not capable of providing
assistance when the speed of the bicycle
reaches or exceeds 20 miles per hour.
``(iii) Class 3 electric bicycle.--For
purposes of subparagraph (A)(iii), the term `class
3 electric bicycle' means an electric bicycle
equipped with a motor that--
``(I) provides assistance only when
the rider is pedaling; and
``(II) ceases to provide assistance
when the speed of the bicycle reaches or
exceeds 28 miles per hour.''.
SEC. 11134. RECREATIONAL TRAILS PROGRAM.
Section 206 of title 23, United States Code, is amended by adding at
the end the following:
``(j) Use of Other Apportioned Funds.--Funds apportioned to a State
under section 104(b) that are obligated for a recreational trail or a
related project shall be administered as if the funds were made
available to carry out this section.''.
[[Page 135 STAT. 516]]
SEC. 11135. <<NOTE: 23 USC 109 note.>> UPDATES TO MANUAL ON
UNIFORM TRAFFIC CONTROL DEVICES.
In carrying out the first update to the Manual on Uniform Traffic
Control Devices under section 109(d)(2) of title 23, United States Code,
to the greatest extent practicable, the Secretary shall include updates
necessary to provide for--
(1) the protection of vulnerable road users (as defined in
section 148(a) of title 23, United States Code);
(2) supporting the safe testing of automated vehicle
technology and any preparation necessary for the safe
integration of automated vehicles onto public streets;
(3) appropriate use of variable message signs to enhance
public safety;
(4) the minimum retroreflectivity of traffic control devices
and pavement markings; and
(5) any additional recommendations made by the National
Committee on Uniform Traffic Control Devices that have not been
incorporated into the Manual on Uniform Traffic Control Devices.
Subtitle B--Planning and Performance Management
SEC. 11201. TRANSPORTATION PLANNING.
(a) Metropolitan Transportation Planning.--Section 134 of title 23,
United States Code, is amended--
(1) in subsection (d)--
(A) in paragraph (3), by adding at the end the
following:
``(D) Considerations.--In designating officials or
representatives under paragraph (2) for the first time,
subject to the bylaws or enabling statute of the
metropolitan planning organization, the metropolitan
planning organization shall consider the equitable and
proportional representation of the population of the
metropolitan planning area.''; and
(B) in paragraph (7)--
(i) by striking ``an existing metropolitan
planning area'' and inserting ``an existing
urbanized area (as defined by the Bureau of the
Census)''; and
(ii) by striking ``the existing metropolitan
planning area'' and inserting ``the area'';
(2) in subsection (g)--
(A) in paragraph (1), by striking ``a metropolitan
area'' and inserting ``an urbanized area (as defined by
the Bureau of the Census)''; and
(B) by adding at the end the following:
``(4) Coordination between MPOs.--If more than 1
metropolitan planning organization is designated within an
urbanized area (as defined by the Bureau of the Census) under
subsection (d)(7), the metropolitan planning organizations
designated within the area shall ensure, to the maximum extent
practicable, the consistency of any data used in the planning
process, including information used in forecasting travel
demand.
[[Page 135 STAT. 517]]
``(5) Savings clause.--Nothing in this subsection requires
metropolitan planning organizations designated within a single
urbanized area to jointly develop planning documents, including
a unified long-range transportation plan or unified TIP.'';
(3) in subsection (i)(6), by adding at the end the
following:
``(D) Use of technology.--A metropolitan planning
organization may use social media and other web-based
tools--
``(i) to further encourage public
participation; and
``(ii) to solicit public feedback during the
transportation planning process.''; and
(4) in subsection (p), by striking ``paragraphs (5)(D) and
(6) of section 104(b) of this title'' and inserting ``section
104(b)(6)''.
(b) Statewide and Nonmetropolitan Transportation Planning.--Section
135(f)(3) of title 23, United States Code, is amended by adding at the
end the following:
``(C) Use of technology.--A State may use social
media and other web-based tools--
``(i) to further encourage public
participation; and
``(ii) to solicit public feedback during the
transportation planning process.''.
(c) Conforming Amendment.--Section 135(i) of title 23, United States
Code, is amended by striking ``paragraphs (5)(D) and (6) of section
104(b) of this title'' and inserting ``section 104(b)(6)''.
(d) Housing Coordination.--Section 134 of title 23, United States
Code, is amended--
(1) in subsection (a)(1), by inserting ``better connect
housing and employment,'' after ``urbanized areas'';
(2) in subsection (g)(3)(A), by inserting ``housing,'' after
``economic development,'';
(3) in subsection (h)(1)(E), by inserting ``, housing,''
after ``growth'';
(4) in subsection (i)--
(A) in paragraph (4)(B)--
(i) by redesignating clauses (iii) through
(vi) as clauses (iv) through (vii), respectively;
and
(ii) by inserting after clause (ii) the
following:
``(iii) assumed distribution of population and
housing;''; and
(B) in paragraph (6)(A), by inserting ``affordable
housing organizations,'' after ``disabled,''; and
(5) in subsection (k)--
(A) by redesignating paragraphs (4) and (5) as
paragraphs (5) and (6), respectively; and
(B) by inserting after paragraph (3) the following:
``(4) Housing coordination process.--
``(A) In general.--Within a metropolitan planning
area serving a transportation management area, the
transportation planning process under this section may
address the integration of housing, transportation, and
economic development strategies through a process that
provides for effective integration, based on a
cooperatively developed and implemented strategy, of new
and existing transportation facilities eligible for
funding under this title and chapter 53 of title 49.
[[Page 135 STAT. 518]]
``(B) Coordination in integrated planning process.--
In carrying out the process described in subparagraph
(A), a metropolitan planning organization may--
``(i) <<NOTE: Consultation.>> consult with--
``(I) State and local entities
responsible for land use, economic
development, housing, management of road
networks, or public transportation; and
``(II) other appropriate public or
private entities; and
``(ii) coordinate, to the extent practicable,
with applicable State and local entities to align
the goals of the process with the goals of any
comprehensive housing affordability strategies
established within the metropolitan planning area
pursuant to section 105 of the Cranston-Gonzalez
National Affordable Housing Act (42 U.S.C. 12705)
and plans developed under section 5A of the United
States Housing Act of 1937 (42 U.S.C. 1437c-1).
``(C) Housing coordination plan.--
``(i) In general.--A metropolitan planning
organization serving a transportation management
area may develop a housing coordination plan that
includes projects and strategies that may be
considered in the metropolitan transportation plan
of the metropolitan planning organization.
``(ii) Contents.--A plan described in clause
(i) may--
``(I) develop regional goals for the
integration of housing, transportation,
and economic development strategies to--
``(aa) better connect
housing and employment while
mitigating commuting times;
``(bb) align transportation
improvements with housing needs,
such as housing supply
shortages, and proposed housing
development;
``(cc) align planning for
housing and transportation to
address needs in relationship to
household incomes within the
metropolitan planning area;
``(dd) expand housing and
economic development within the
catchment areas of existing
transportation facilities and
public transportation services
when appropriate, including
higher-density development, as
locally determined;
``(ee) manage effects of
growth of vehicle miles traveled
experienced in the metropolitan
planning area related to housing
development and economic
development;
``(ff) increase share of
households with sufficient and
affordable access to the
transportation networks of the
metropolitan planning area;
``(II) identify the location of
existing and planned housing and
employment, and transportation options
that connect housing and employment; and
[[Page 135 STAT. 519]]
``(III) include a comparison of
transportation plans to land use
management plans, including zoning
plans, that may affect road use, public
transportation ridership, and housing
development.''.
SEC. 11202. <<NOTE: Deadline. Time period. 23 USC 134 note.>>
FISCAL CONSTRAINT ON LONG-RANGE
TRANSPORTATION PLANS.
Not later than 1 year after the date of enactment of this Act, the
Secretary shall amend section 450.324(f)(11)(v) of title 23, Code of
Federal Regulations, to ensure that the outer years of a metropolitan
transportation plan are defined as ``beyond the first 4 years''.
SEC. 11203. STATE HUMAN CAPITAL PLANS.
(a) In General.--Chapter 1 of title 23, United States Code (as
amended by section 11132(a)), is amended by adding at the end the
following:
``Sec. 174. <<NOTE: 23 USC 174.>> State human capital plans
``(a) <<NOTE: Deadline.>> In General.--Not later than 18 months
after the date of enactment of this section, the Secretary shall
encourage each State to develop a voluntary plan, to be known as a
`human capital plan', that provides for the immediate and long-term
personnel and workforce needs of the State with respect to the capacity
of the State to deliver transportation and public infrastructure
eligible under this title.
``(b) Plan Contents.--
``(1) In general.--A human capital plan developed by a State
under subsection (a) shall, to the maximum extent practicable,
take into consideration--
``(A) significant transportation workforce trends,
needs, issues, and challenges with respect to the State;
``(B) the human capital policies, strategies, and
performance measures that will guide the transportation-
related workforce investment decisions of the State;
``(C) coordination with educational institutions,
industry, organized labor, workforce boards, and other
agencies or organizations to address the human capital
transportation needs of the State;
``(D) a workforce planning strategy that identifies
current and future human capital needs, including the
knowledge, skills, and abilities needed to recruit and
retain skilled workers in the transportation industry;
``(E) a human capital management strategy that is
aligned with the transportation mission, goals, and
organizational objectives of the State;
``(F) an implementation system for workforce goals
focused on addressing continuity of leadership and
knowledge sharing across the State;
``(G) an implementation system that addresses
workforce competency gaps, particularly in mission-
critical occupations;
``(H) in the case of public-private partnerships or
other alternative project delivery methods to carry out
the transportation program of the State, a description
of workforce needs--
[[Page 135 STAT. 520]]
``(i) to ensure that the transportation
mission, goals, and organizational objectives of
the State are fully carried out; and
``(ii) to ensure that procurement methods
provide the best public value;
``(I) a system for analyzing and evaluating the
performance of the State department of transportation
with respect to all aspects of human capital management
policies, programs, and activities; and
``(J) the manner in which the plan will improve the
ability of the State to meet the national policy in
support of performance management established under
section 150.
``(2) Planning period.--If a State develops a human capital
plan under subsection (a), the plan shall address a 5-year
forecast period.
``(c) <<NOTE: Time period.>> Plan Updates.--If a State develops a
human capital plan under subsection (a), the State shall update the plan
not less frequently than once every 5 years.
``(d) Relationship to Long-range Plan.--
``(1) In general.--Subject to paragraph (2), a human capital
plan developed by a State under subsection (a) may be developed
separately from, or incorporated into, the long-range statewide
transportation plan required under section 135.
``(2) Effect of section.--Nothing in this section requires a
State, or authorizes the Secretary to require a State, to
incorporate a human capital plan into the long-range statewide
transportation plan required under section 135.
``(e) <<NOTE: Records. Web posting.>> Public Availability.--Each
State that develops a human capital plan under subsection (a) shall make
a copy of the plan available to the public in a user-friendly format on
the website of the State department of transportation.
``(f) Savings Provision.--Nothing in this section prevents a State
from carrying out transportation workforce planning--
``(1) not described in this section; or
``(2) not in accordance with this section.''.
(b) Clerical Amendment.--The analysis for chapter 1 of title 23,
United States Code (as amended by section 11132(b)), <<NOTE: 23 USC 101
prec.>> is amended by inserting after the item relating to section 173
the following:
``174. State human capital plans.''.
SEC. 11204. <<NOTE: 23 USC 134 note.>> PRIORITIZATION PROCESS
PILOT PROGRAM.
(a) Definitions.--In this section:
(1) Eligible entity.--The term ``eligible entity'' means any
of the following:
(A) A metropolitan planning organization that serves
an area with a population of over 200,000.
(B) A State.
(2) Metropolitan planning organization.--The term
``metropolitan planning organization'' has the meaning given the
term in section 134(b) of title 23, United States Code.
(3) Prioritization process pilot program.--The term
``prioritization process pilot program'' means the pilot program
established under subsection (b)(1).
(b) Establishment.--
(1) In general.--The Secretary shall establish and solicit
applications for a prioritization process pilot program.
[[Page 135 STAT. 521]]
(2) Purpose.--The purpose of the prioritization process
pilot program shall be to support data-driven approaches to
planning that, on completion, can be evaluated for public
benefit.
(c) Pilot Program Administration.--
(1) In general.--An eligible entity participating in the
prioritization process pilot program shall--
(A) <<NOTE: Consultation.>> use priority objectives
that are developed--
(i) in the case of an urbanized area with a
population of over 200,000, by the metropolitan
planning organization that serves the area, in
consultation with the State;
(ii) in the case of an urbanized area with a
population of 200,000 or fewer, by the State in
consultation with all metropolitan planning
organizations in the State; and
(iii) through a public process that provides
an opportunity for public input;
(B) <<NOTE: Assessment.>> assess and score projects
and strategies on the basis of--
(i) the contribution and benefits of the
project or strategy to each priority objective
developed under subparagraph (A);
(ii) the cost of the project or strategy
relative to the contribution and benefits assessed
and scored under clause (i); and
(iii) public support;
(C) use the scores assigned under subparagraph (B)
to guide project selection in the development of the
transportation plan and transportation improvement
program; and
(D) ensure that the public--
(i) <<NOTE: Public comment.>> has
opportunities to provide public comment on
projects before decisions are made on the
transportation plan and the transportation
improvement program; and
(ii) has access to clear reasons why each
project or strategy was selected or not selected.
(2) Requirements.--An eligible entity that receives a grant
under the prioritization process pilot program shall use the
funds as described in each of the following, as applicable:
(A) Metropolitan transportation planning.--In the
case of a metropolitan planning organization that serves
an area with a population of over 200,000, the entity
shall--
(i) develop and implement a publicly
accessible, transparent prioritization process for
the selection of projects for inclusion on the
transportation plan for the metropolitan planning
area under section 134(i) of title 23, United
States Code, and section 5303(i) of title 49,
United States Code, which shall--
(I) <<NOTE: Criteria.>> include
criteria identified by the metropolitan
planning organization, which may be
weighted to reflect the priority
objectives developed under paragraph
(1)(A), that the metropolitan planning
organization has determined support--
[[Page 135 STAT. 522]]
(aa) factors described in
section 134(h) of title 23,
United States Code, and section
5303(h) of title 49, United
States Code;
(bb) targets for national
performance measures under
section 150(b) of title 23,
United States Code;
(cc) applicable
transportation goals in the
metropolitan planning area or
State set by the applicable
transportation agency; and
(dd) priority objectives
developed under paragraph
(1)(A);
(II) <<NOTE: Evaluation.>> evaluate
the outcomes for each proposed project
on the basis of the benefits of the
proposed project with respect to each of
the criteria described in subclause (I)
relative to the cost of the proposed
project; and
(III) <<NOTE: List.>> use the
evaluation under subclause (II) to
create a ranked list of proposed
projects; and
(ii) with respect to the priority list under
section 134(j)(2)(A) of title 23 and section
5303(j)(2)(A) of title 49, United States Code,
include projects according to the rank of the
project under clause (i)(III), except as provided
in subparagraph (D).
(B) Statewide transportation planning.--In the case
of a State, the State shall--
(i) develop and implement a publicly
accessible, transparent process for the selection
of projects for inclusion on the long-range
statewide transportation plan under section 135(f)
of title 23, United States Code, which shall--
(I) <<NOTE: Criteria.>> include
criteria identified by the State, which
may be weighted to reflect statewide
priorities, that the State has
determined support--
(aa) factors described in
section 135(d) of title 23,
United States Code, and section
5304(d) of title 49, United
States Code;
(bb) national transportation
goals under section 150(b) of
title 23, United States Code;
(cc) applicable
transportation goals in the
State; and
(dd) the priority objectives
developed under paragraph
(1)(A);
(II) <<NOTE: Evaluation.>> evaluate
the outcomes for each proposed project
on the basis of the benefits of the
proposed project with respect to each of
the criteria described in subclause (I)
relative to the cost of the proposed
project; and
(III) <<NOTE: List.>> use the
evaluation under subclause (II) to
create a ranked list of proposed
projects; and
(ii) with respect to the statewide
transportation improvement program under section
135(g) of title 23, United States Code, and
section 5304(g) of title 49, United States Code,
include projects according to the rank of the
project under clause (i)(III), except as provided
in subparagraph (D).
(C) Additional transportation planning.--If the
eligible entity has implemented, and has in effect, the
[[Page 135 STAT. 523]]
requirements under subparagraph (A) or (B), as
applicable, the eligible entity may use any remaining
funds from a grant provided under the pilot program for
any transportation planning purpose.
(D) <<NOTE: Public information.>> Exceptions to
priority ranking.--In the case of any project that the
eligible entity chooses to include or not include in the
transportation improvement program under section 134(j)
of title 23, United States Code, or the statewide
transportation improvement program under section 135(g)
of title 23, United States Code, as applicable, in a
manner that is contrary to the priority ranking for that
project established under subparagraph (A)(i)(III) or
(B)(i)(III), the eligible entity shall make publicly
available an explanation for the decision, including--
(i) <<NOTE: Review.>> a review of public
comments regarding the project;
(ii) <<NOTE: Evaluation.>> an evaluation of
public support for the project;
(iii) <<NOTE: Assessment.>> an assessment of
geographic balance of projects of the eligible
entity; and
(iv) the number of projects of the eligible
entity in economically distressed areas.
(3) Maximum amount.--The maximum amount of a grant under the
prioritization process pilot program is $2,000,000.
(d) Applications.--To be eligible to participate in the
prioritization process pilot program, an eligible entity shall submit to
the Secretary an application at such time, in such manner, and
containing such information as the Secretary may require.
SEC. 11205. <<NOTE: 23 USC 134 note.>> TRAVEL DEMAND DATA AND
MODELING.
(a) Definition of Metropolitan Planning Organization.--In this
section, the term ``metropolitan planning organization'' has the meaning
given the term in section 134(b) of title 23, United States Code.
(b) Study.--
(1) <<NOTE: Deadline. Time period.>> In general.--Not later
than 2 years after the date of enactment of this Act, and not
less frequently than once every 5 years thereafter, the
Secretary shall carry out a study that--
(A) gathers travel data and travel demand forecasts
from a representative sample of States and metropolitan
planning organizations;
(B) uses the data and forecasts gathered under
subparagraph (A) to compare travel demand forecasts with
the observed data, including--
(i) traffic counts;
(ii) travel mode share and public transit
ridership; and
(iii) vehicle occupancy measures; and
(C) uses the information described in subparagraphs
(A) and (B)--
(i) to develop best practices or guidance for
States and metropolitan planning organizations to
use in forecasting travel demand for future
investments in transportation improvements;
(ii) <<NOTE: Evaluation.>> to evaluate the
impact of transportation investments, including
new roadway capacity, on travel
[[Page 135 STAT. 524]]
behavior and travel demand, including public
transportation ridership, induced highway travel,
and congestion;
(iii) to support more accurate travel demand
forecasting by States and metropolitan planning
organizations; and
(iv) to enhance the capacity of States and
metropolitan planning organizations--
(I) to forecast travel demand; and
(II) to track observed travel
behavior responses, including induced
travel, to changes in transportation
capacity, pricing, and land use
patterns.
(2) Secretarial support.--The Secretary shall seek
opportunities to support the transportation planning processes
under sections 134 and 135 of title 23, United States Code,
through the provision of data to States and metropolitan
planning organizations to improve the quality of plans, models,
and forecasts described in this subsection.
(3) <<NOTE: Public information.>> Evaluation tool.--The
Secretary shall develop a publicly available multimodal web-
based tool for the purpose of enabling States and metropolitan
planning organizations to evaluate the effect of investments in
highway and public transportation projects on the use and
conditions of all transportation assets within the State or area
served by the metropolitan planning organization, as applicable.
SEC. 11206. <<NOTE: 23 USC 134 note.>> INCREASING SAFE AND
ACCESSIBLE TRANSPORTATION OPTIONS.
(a) Definition of Complete Streets Standards or Policies.--In this
section, the term ``Complete Streets standards or policies'' means
standards or policies that ensure the safe and adequate accommodation of
all users of the transportation system, including pedestrians,
bicyclists, public transportation users, children, older individuals,
individuals with disabilities, motorists, and freight vehicles.
(b) Funding Requirement.--Notwithstanding any other provision of
law, each State and metropolitan planning organization shall use to
carry out 1 or more activities described in subsection (c)--
(1) in the case of a State, not less than 2.5 percent of the
amounts made available to the State to carry out section 505 of
title 23, United States Code; and
(2) in the case of a metropolitan planning organization, not
less than 2.5 percent of the amounts made available to the
metropolitan planning organization under section 104(d) of title
23, United States Code.
(c) Activities Described.--An activity referred to in subsection (b)
is an activity to increase safe and accessible options for multiple
travel modes for people of all ages and abilities, which, if permissible
under applicable State and local laws, may include--
(1) adoption of Complete Streets standards or policies;
(2) development of a Complete Streets prioritization plan
that identifies a specific list of Complete Streets projects to
improve the safety, mobility, or accessibility of a street;
(3) development of transportation plans--
[[Page 135 STAT. 525]]
(A) to create a network of active transportation
facilities, including sidewalks, bikeways, or pedestrian
and bicycle trails, to connect neighborhoods with
destinations such as workplaces, schools, residences,
businesses, recreation areas, healthcare and child care
services, or other community activity centers;
(B) to integrate active transportation facilities
with public transportation service or improve access to
public transportation;
(C) to create multiuse active transportation
infrastructure facilities, including bikeways or
pedestrian and bicycle trails, that make connections
within or between communities;
(D) to increase public transportation ridership; and
(E) to improve the safety of bicyclists and
pedestrians;
(4) regional and megaregional planning to address travel
demand and capacity constraints through alternatives to new
highway capacity, including through intercity passenger rail;
and
(5) development of transportation plans and policies that
support transit-oriented development.
(d) <<NOTE: Determination.>> Federal Share.--The Federal share of
the cost of an activity carried out under this section shall be 80
percent, unless the Secretary determines that the interests of the
Federal-aid highway program would be best served by decreasing or
eliminating the non-Federal share.
(e) <<NOTE: Deadline.>> State Flexibility.--A State or metropolitan
planning organization, with the approval of the Secretary, may opt out
of the requirements of this section if the State or metropolitan
planning organization demonstrates to the Secretary, by not later than
30 days before the Secretary apportions funds for a fiscal year under
section 104, that the State or metropolitan planning organization--
(1) has Complete Streets standards and policies in place;
and
(2) has developed an up-to-date Complete Streets
prioritization plan as described in subsection (c)(2).
Subtitle C--Project Delivery and Process Improvement
SEC. 11301. CODIFICATION OF ONE FEDERAL DECISION.
(a) In General.--Section 139 of title 23, United States Code, is
amended--
(1) in the section heading, by striking ``decisionmaking''
and inserting ``decisionmaking and One Federal Decision'';
(2) in subsection (a)--
(A) by redesignating paragraphs (2) through (8) as
paragraphs (4), (5), (6), (8), (9), (10), and (11),
respectively;
(B) <<NOTE: Definitions.>> by inserting after
paragraph (1) the following:
``(2) Authorization.--The term `authorization' means any
environmental license, permit, approval, finding, or other
administrative decision related to the environmental review
process that is required under Federal law to site, construct,
or reconstruct a project.
[[Page 135 STAT. 526]]
``(3) Environmental document.--The term `environmental
document' includes an environmental assessment, finding of no
significant impact, notice of intent, environmental impact
statement, or record of decision under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).'';
(C) in subparagraph (B) of paragraph (5) (as so
redesignated), by striking ``process for and completion
of any environmental permit'' and inserting ``process
and schedule, including a timetable for and completion
of any environmental permit''; and
(D) by inserting after paragraph (6) (as so
redesignated) the following:
``(7) <<NOTE: Definitions.>> Major project.--
``(A) In general.--The term `major project' means a
project for which--
``(i) multiple permits, approvals, reviews, or
studies are required under a Federal law other
than the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.);
``(ii) the project sponsor has identified the
reasonable availability of funds sufficient to
complete the project;
``(iii) the project is not a covered project
(as defined in section 41001 of the FAST Act (42
U.S.C. 4370m)); and
``(iv)(I) <<NOTE: Determinations.>> the head
of the lead agency has determined that an
environmental impact statement is required; or
``(II) the head of the lead agency has
determined that an environmental assessment is
required, and the project sponsor requests that
the project be treated as a major project.
``(B) Clarification.--In this section, the term
`major project' does not have the same meaning as the
term `major project' as described in section 106(h).'';
(3) in subsection (b)(1)--
(A) by inserting ``, including major projects,''
after ``all projects''; and
(B) by inserting ``as requested by a project sponsor
and'' after ``applied,'';
(4) in subsection (c)--
(A) in paragraph (6)--
(i) in subparagraph (B), by striking ``and''
at the end;
(ii) in subparagraph (C), by striking the
period at the end and inserting ``; and''; and
(iii) by adding at the end the following:
``(D) to calculate annually the average time taken
by the lead agency to complete all environmental
documents for each project during the previous fiscal
year.''; and
(B) by adding at the end the following:
``(7) Process improvements for projects.--
``(A) <<NOTE: Reviews.>> In general.--The Secretary
shall review--
``(i) existing practices, procedures, rules,
regulations, and applicable laws to identify
impediments to meeting the requirements applicable
to projects under this section; and
[[Page 135 STAT. 527]]
``(ii) best practices, programmatic
agreements, and potential changes to internal
departmental procedures that would facilitate an
efficient environmental review process for
projects.
``(B) Consultation.--In conducting the review under
subparagraph (A), the Secretary shall consult, as
appropriate, with the heads of other Federal agencies
that participate in the environmental review process.
``(C) Report.--Not later than 2 years after the date
of enactment of the Surface Transportation
Reauthorization Act of 2021, the Secretary shall submit
to the Committee on Environment and Public Works of the
Senate and the Committee on Transportation and
Infrastructure of the House of Representatives a report
that includes--
``(i) the results of the review under
subparagraph (A); and
``(ii) <<NOTE: Analysis.>> an analysis of
whether additional funding would help the
Secretary meet the requirements applicable to
projects under this section.'';
(5) in subsection (d)--
(A) in paragraph (8)--
(i) in the paragraph heading, by striking
``NEPA'' and inserting ``environmental'';
(ii) in subparagraph (A)--
(I) by inserting ``and except as
provided in subparagraph (D)'' after
``paragraph (7)'';
(II) by striking ``permits'' and
inserting ``authorizations''; and
(III) by striking ``single
environment document'' and inserting
``single environmental document for each
kind of environmental document'';
(iii) in subparagraph (B)(i)--
(I) by striking ``an environmental
document'' and inserting ``environmental
documents''; and
(II) by striking ``permits issued''
and inserting ``authorizations''; and
(iv) by adding at the end the following:
``(D) <<NOTE: Waiver authority.>> Exceptions.--The
lead agency may waive the application of subparagraph
(A) with respect to a project if--
``(i) the project sponsor requests that
agencies issue separate environmental documents;
``(ii) the obligations of a cooperating agency
or participating agency under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321
et seq.) have already been satisfied with respect
to the project; or
``(iii) <<NOTE: Determination.>> the lead
agency determines that reliance on a single
environmental document (as described in
subparagraph (A)) would not facilitate timely
completion of the environmental review process for
the project.''; and
(B) by adding at the end the following:
``(10) Timely authorizations for major projects.--
``(A) Deadline.--Except as provided in subparagraph
(C), all authorization decisions necessary for the
construction of a major project shall be completed by
not later
[[Page 135 STAT. 528]]
than 90 days after the date of the issuance of a record
of decision for the major project.
``(B) Detail.--The final environmental impact
statement for a major project shall include an adequate
level of detail to inform decisions necessary for the
role of the participating agencies and cooperating
agencies in the environmental review process.
``(C) Extension of deadline.--The head of the lead
agency may extend the deadline under subparagraph (A)
if--
``(i) Federal law prohibits the lead agency or
another agency from issuing an approval or permit
within the period described in that subparagraph;
``(ii) the project sponsor requests that the
permit or approval follow a different timeline; or
``(iii) an extension would facilitate
completion of the environmental review and
authorization process of the major project.'';
(6) in subsection (g)(1)--
(A) in subparagraph (B)--
(i) in clause (ii)(IV), by striking ``schedule
for and cost of'' and inserting ``time required by
an agency to conduct an environmental review and
make decisions under applicable Federal law
relating to a project (including the issuance or
denial of a permit or license) and the cost of'';
and
(ii) by adding at the end the following:
``(iii) <<NOTE: Time period.>> Major project
schedule.--To the maximum extent practicable and
consistent with applicable Federal law, in the
case of a major project, the lead agency shall
develop, in concurrence with the project sponsor,
a schedule for the major project that is
consistent with an agency average of not more than
2 years for the completion of the environmental
review process for major projects, as measured
from, as applicable--
``(I) the date of publication of a
notice of intent to prepare an
environmental impact statement to the
record of decision; or
``(II) <<NOTE: Determination.>> the
date on which the head of the lead
agency determines that an environmental
assessment is required to a finding of
no significant impact.'';
(B) by striking subparagraph (D) and inserting the
following:
``(D) Modification.--
``(i) In general.--Except as provided in
clause (ii), the lead agency may lengthen or
shorten a schedule established under subparagraph
(B) for good cause.
``(ii) Exceptions.--
``(I) <<NOTE: Time period.>> Major
projects.--In the case of a major
project, the lead agency may lengthen a
schedule under clause (i) for a
cooperating Federal agency by not more
than 1 year after the latest deadline
established for the major project by the
lead agency.
``(II) Shortened schedules.--The
lead agency may not shorten a schedule
under clause
[[Page 135 STAT. 529]]
(i) if doing so would impair the ability
of a cooperating Federal agency to
conduct necessary analyses or otherwise
carry out relevant obligations of the
Federal agency for the project.'';
(C) by redesignating subparagraph (E) as
subparagraph (F); and
(D) by inserting after subparagraph (D) the
following:
``(E) Failure to meet deadline.--If a cooperating
Federal agency fails to meet a deadline established
under subparagraph (D)(ii)(I)--
``(i) <<NOTE: Reports.>> the cooperating
Federal agency shall submit to the Secretary a
report that describes the reasons why the deadline
was not met; and
``(ii) the Secretary shall--
``(I) <<NOTE: Records.>> transmit
to the Committee on Environment and
Public Works of the Senate and the
Committee on Transportation and
Infrastructure of the House of
Representatives a copy of the report
under clause (i); and
``(II) <<NOTE: Public
information. Web posting.>> make the
report under clause (i) publicly
available on the internet.'';
(7) in subsection (n), by adding at the end the following:
``(3) Length of environmental document.--
``(A) In general.--Notwithstanding any other
provision of law and except as provided in subparagraph
(B), to the maximum extent practicable, the text of the
items described in paragraphs (4) through (6) of section
1502.10(a) of title 40, Code of Federal Regulations (or
successor regulations), of an environmental impact
statement for a project shall be 200 pages or fewer.
``(B) Exemption.--An environmental impact statement
for a project may exceed 200 pages, if the lead agency
establishes a new page limit for the environmental
impact statement for that project.''; and
(8) by adding at the end the following:
``(p) Accountability and Reporting for Major Projects.--
``(1) In general.--The Secretary shall establish a
performance accountability system to track each major project.
``(2) Requirements.--The performance accountability system
under paragraph (1) shall, for each major project, track, at a
minimum--
``(A) the environmental review process for the major
project, including the project schedule;
``(B) whether the lead agency, cooperating agencies,
and participating agencies are meeting the schedule
established for the environmental review process; and
``(C) the time taken to complete the environmental
review process.
``(q) Development of Categorical Exclusions.--
``(1) <<NOTE: Deadline. Time period.>> In general.--Not
later than 60 days after the date of enactment of this
subsection, and every 4 years thereafter, the Secretary shall--
``(A) <<NOTE: Consultation.>> in consultation with
the agencies described in paragraph (2), identify the
categorical exclusions described in section 771.117 of
title 23, Code of Federal Regulations (or successor
regulations), that would accelerate delivery
[[Page 135 STAT. 530]]
of a project if those categorical exclusions were
available to those agencies;
``(B) collect existing documentation and
substantiating information on the categorical exclusions
described in subparagraph (A); and
``(C) provide to each agency described in paragraph
(2)--
``(i) <<NOTE: List.>> a list of the
categorical exclusions identified under
subparagraph (A); and
``(ii) the documentation and substantiating
information under subparagraph (B).
``(2) Agencies described.--The agencies referred to in
paragraph (1) are--
``(A) the Department of the Interior;
``(B) the Department of the Army;
``(C) the Department of Commerce;
``(D) the Department of Agriculture;
``(E) the Department of Energy;
``(F) the Department of Defense; and
``(G) any other Federal agency that has participated
in an environmental review process for a project, as
determined by the Secretary.
``(3) Adoption of categorical exclusions.--
``(A) <<NOTE: Deadline. Publication. Notice. Regulations.
>> In general.--Not later than 1 year after the date on
which the Secretary provides a list under paragraph
(1)(C), an agency described in paragraph (2) shall
publish a notice of proposed rulemaking to propose any
categorical exclusions from the list applicable to the
agency, subject to the condition that the categorical
exclusion identified under paragraph (1)(A) meets the
criteria for a categorical exclusion under section
1508.1 of title 40, Code of Federal Regulations (or
successor regulations).
``(B) Public comment.--In a notice of proposed
rulemaking under subparagraph (A), the applicable agency
may solicit comments on whether any of the proposed new
categorical exclusions meet the criteria for a
categorical exclusion under section 1508.1 of title 40,
Code of Federal Regulations (or successor
regulations).''.
(b) Clerical Amendment.--The analysis for chapter 1 of title 23,
United States Code, <<NOTE: 23 USC 101 prec.>> is amended by striking
the item relating to section 139 and inserting the following:
``139. Efficient environmental reviews for project decisionmaking and
One Federal Decision.''.
SEC. 11302. <<NOTE: Time period. 23 USC 401 note.>> WORK ZONE
PROCESS REVIEWS.
The Secretary shall amend section 630.1008(e) of title 23, Code of
Federal Regulations, to ensure that the work zone process review under
that subsection is required not more frequently than once every 5 years.
SEC. 11303. <<NOTE: Time period. 23 USC 401 note.>>
TRANSPORTATION MANAGEMENT PLANS.
(a) In General.--The Secretary shall amend section 630.1010(c) of
title 23, Code of Federal Regulations, to ensure that only a project
described in that subsection with a lane closure for 3 or more
consecutive days shall be considered to be a significant project for
purposes of that section.
[[Page 135 STAT. 531]]
(b) Non-Interstate Projects.--Notwithstanding any other provision of
law, a State shall not be required to develop or implement a
transportation management plan (as described in section 630.1012 of
title 23, Code of Federal Regulations (or successor regulations)) for a
highway project not on the Interstate System if the project requires not
more than 3 consecutive days of lane closures.
SEC. 11304. <<NOTE: 23 USC 502 note.>> INTELLIGENT TRANSPORTATION
SYSTEMS.
(a) In General.--The Secretary shall develop guidance for using
existing flexibilities with respect to the systems engineering analysis
described in part 940 of title 23, Code of Federal Regulations (or
successor regulations).
(b) Implementation.--The Secretary shall ensure that any guidance
developed under subsection (a)--
(1) <<NOTE: Criteria.>> clearly identifies criteria for
low-risk and exempt intelligent transportation systems projects,
with a goal of minimizing unnecessary delay or paperwork burden;
(2) is consistently implemented by the Department
nationwide; and
(3) is disseminated to Federal-aid recipients.
(c) Savings Provision.--Nothing in this section prevents the
Secretary from amending part 940 of title 23, Code of Federal
Regulations (or successor regulations), to reduce State administrative
burdens.
SEC. 11305. ALTERNATIVE CONTRACTING METHODS.
(a) Alternative Contracting Methods for Federal Land Management
Agencies and Tribal Governments.--Section 201 of title 23, United States
Code, is amended by adding at the end the following:
``(f) Alternative Contracting Methods.--
``(1) In general.--Notwithstanding any other provision of
law (including the Federal Acquisition Regulation), a
contracting method available to a State under this title may be
used by the Secretary, on behalf of--
``(A) a Federal land management agency, in using any
funds pursuant to section 203, 204, or 308;
``(B) a Federal land management agency, in using any
funds pursuant to section 1535 of title 31 for any of
the eligible uses described in sections 203(a)(1) and
204(a)(1) and paragraphs (1) and (2) of section 308(a);
or
``(C) a Tribal government, in using funds pursuant
to section 202(b)(7)(D).
``(2) Methods described.--The contracting methods referred
to in paragraph (1) shall include, at a minimum--
``(A) project bundling;
``(B) bridge bundling;
``(C) design-build contracting;
``(D) 2-phase contracting;
``(E) long-term concession agreements; and
``(F) any method tested, or that could be tested,
under an experimental program relating to contracting
methods carried out by the Secretary.
``(3) Effect.--Nothing in this subsection--
``(A) affects the application of the Federal share
for the project carried out with a contracting method
under this subsection; or
[[Page 135 STAT. 532]]
``(B) modifies the point of obligation of Federal
salaries and expenses.''.
(b) Cooperation With Federal and State Agencies and Foreign
Countries.--Section 308(a) of title 23, United States Code, is amended
by adding at the end the following:
``(4) Alternative contracting methods.--
``(A) In general.--Notwithstanding any other
provision of law (including the Federal Acquisition
Regulation), in performing services under paragraph (1),
the Secretary may use any contracting method available
to a State under this title.
``(B) Methods described.--The contracting methods
referred to in subparagraph (A) shall include, at a
minimum--
``(i) project bundling;
``(ii) bridge bundling;
``(iii) design-build contracting;
``(iv) 2-phase contracting;
``(v) long-term concession agreements; and
``(vi) any method tested, or that could be
tested, under an experimental program relating to
contracting methods carried out by the
Secretary.''.
(c) <<NOTE: 23 USC 201 note.>> Use of Alternative Contracting
Methods.--In carrying out an alternative contracting method under
section 201(f) or 308(a)(4) of title 23, United States Code, the
Secretary shall--
(1) <<NOTE: Consultation. Procedures.>> in consultation
with the applicable Federal land management agencies, establish
clear procedures that are--
(A) applicable to the alternative contracting
method; and
(B) to the maximum extent practicable, consistent
with the requirements applicable to Federal procurement
transactions;
(2) solicit input on the use of the alternative contracting
method from the affected industry prior to using the method; and
(3) <<NOTE: Analysis. Evaluation.>> analyze and prepare an
evaluation of the use of the alternative contracting method.
SEC. 11306. FLEXIBILITY FOR PROJECTS.
Section 1420 of the FAST Act (23 U.S.C. 101 note; Public Law 114-94)
is amended--
(1) <<NOTE: Determination.>> in subsection (a), by striking
``and on request by a State, the Secretary may'' in the matter
preceding paragraph (1) and all that follows through the period
at the end of paragraph (2) and inserting the following: ``, on
request by a State, and if in the public interest (as determined
by the Secretary), the Secretary shall exercise all existing
flexibilities under--
``(1) the requirements of title 23, United States Code; and
``(2) other requirements administered by the Secretary, in
whole or in part.''; and
(2) in subsection (b)(2)(A), by inserting ``(including
regulations)'' after ``environmental law''.
SEC. 11307. IMPROVED FEDERAL-STATE STEWARDSHIP AND OVERSIGHT
AGREEMENTS.
(a) <<NOTE: 23 USC 106 note.>> Definition of Template.--In this
section, the term ``template'' means a template created by the Secretary
for Federal-State stewardship and oversight agreements that--
[[Page 135 STAT. 533]]
(1) includes all standard terms found in stewardship and
oversight agreements, including any terms in an attachment to
the agreement;
(2) is developed in accordance with section 106 of title 23,
United States Code, or any other applicable authority; and
(3) may be developed with consideration of relevant
regulations, guidance, or policies.
(b) Request for Comment.--
(1) <<NOTE: Deadline. Federal
Register, publication. Notice.>> In general.--Not later than 60
days after the date of enactment of this Act, the Secretary
shall publish in the Federal Register the template and a notice
requesting public comment on ways to improve the template.
(2) Comment period.--The Secretary shall provide a period of
not less than 60 days for public comment on the notice under
paragraph (1).
(3) Certain issues.--The notice under paragraph (1) shall
allow comment on any aspect of the template and shall
specifically request public comment on--
(A) whether the template should be revised to delete
standard terms requiring approval by the Secretary of
the policies, procedures, processes, or manuals of the
States, or other State actions, if Federal law
(including regulations) does not specifically require an
approval;
(B) opportunities to modify the template to allow
adjustments to the review schedules for State practices
or actions, including through risk-based approaches,
program reviews, process reviews, or other means; and
(C) any other matters that the Secretary determines
to be appropriate.
(c) Notice of Action; Updates.--
(1) <<NOTE: Deadline. Federal Register, publication.>> In
general.--Not later than 1 year after the date of enactment of
this Act, after considering the comments received in response to
the Federal Register notice under subsection (b), the Secretary
shall publish in the Federal Register a notice that--
(A) describes any proposed changes to be made, and
any alternatives to such changes, to the template;
(B) addresses comments in response to which changes
were not made to the template; and
(C) <<NOTE: Schedule. Plan.>> prescribes a schedule
and a plan to execute a process for implementing the
changes referred to in subparagraph (A).
(2) Approval requirements.--In addressing comments under
paragraph (1)(B), the Secretary shall include an explanation of
the basis for retaining any requirement for approval of State
policies, procedures, processes, or manuals, or other State
actions, if Federal law (including regulations) does not
specifically require the approval.
(3) <<NOTE: Deadlines.>> Implementation.--
(A) In general.--Not later than 60 days after the
date on which the notice under paragraph (1) is
published, the Secretary shall make changes to the
template in accordance with--
(i) the changes described in the notice under
paragraph (1)(A); and
[[Page 135 STAT. 534]]
(ii) the schedule and plan described in the
notice under paragraph (1)(C).
(B) Updates.--Not later than 1 year after the date
on which the revised template under subparagraph (A) is
published, the Secretary shall update existing
agreements with States according to the template updated
under subparagraph (A).
(d) Inclusion of Non-standard Terms.--Nothing in this section
precludes the inclusion in a Federal-State stewardship and oversight
agreement of non-standard terms to address a State-specific matter,
including risk-based stewardship and Department oversight involvement in
individual projects of division interest.
(e) Compliance With Non-statutory Terms.--
(1) In general.--The Secretary shall not enforce or
otherwise require a State to comply with approval requirements
that are not required by Federal law (including regulations) in
a Federal-State stewardship and oversight agreement.
(2) Approval authority.--Notwithstanding any other provision
of law, the Secretary shall not assert approval authority over
any matter in a Federal-State stewardship and oversight
agreement reserved to States.
(f) Frequency of Reviews.--Section 106(g)(3) of title 23, United
States Code, is amended--
(1) by striking ``annual'';
(2) by striking ``The Secretary'' and inserting the
following:
``(A) In general.--The Secretary''; and
(3) by adding at the end the following:
``(B) <<NOTE: Determinations.>> Frequency.--
``(i) In general.--Except as provided in
clauses (ii) and (iii), the Secretary shall carry
out a review under subparagraph (A) not less
frequently than once every 2 years.
``(ii) Consultation with state.--The
Secretary, after consultation with a State, may
make a determination to carry out a review under
subparagraph (A) for that State less frequently
than provided under clause (i).
``(iii) Cause.--If the Secretary determines
that there is a specific reason to require a
review more frequently than provided under clause
(i) with respect to a State, the Secretary may
carry out a review more frequently than provided
under that clause.''.
SEC. 11308. <<NOTE: 49 USC 301 note.>> GEOMATIC DATA.
(a) In General.--The Secretary shall develop guidance for the
acceptance and use of information obtained from a non-Federal entity
through geomatic techniques, including remote sensing and land
surveying, cartography, geographic information systems, global
navigation satellite systems, photogrammetry, or other remote means.
(b) Considerations.--In carrying out this section, the Secretary
shall ensure that acceptance or use of information described in
subsection (a) meets the data quality and operational requirements of
the Secretary.
(c) Public Comment.--Before issuing any final guidance under
subsection (a), the Secretary shall provide to the public--
(1) <<NOTE: Notice.>> notice of the proposed guidance; and
[[Page 135 STAT. 535]]
(2) an opportunity to comment on the proposed guidance.
(d) Savings Clause.--Nothing in this section--
(1) requires the Secretary to accept or use information that
the Secretary determines does not meet the guidance developed
under this section; or
(2) changes the current statutory or regulatory requirements
of the Department.
SEC. 11309. EVALUATION OF PROJECTS WITHIN AN OPERATIONAL RIGHT-OF-
WAY.
(a) In General.--Chapter 3 of title 23, United States Code, is
amended by adding at the end the following:
``Sec. 331. <<NOTE: 23 USC 331.>> Evaluation of projects within
an operational right-of-way
``(a) Definitions.--
``(1) Eligible project or activity.--
``(A) In general.--In this section, the term
`eligible project or activity' means a project or
activity within an existing operational right-of-way (as
defined in section 771.117(c)(22) of title 23, Code of
Federal Regulations (or successor regulations))--
``(i)(I) eligible for assistance under this
title; or
``(II) administered as if made available under
this title;
``(ii) that is--
``(I) a preventive maintenance,
preservation, or highway safety
improvement project (as defined in
section 148(a)); or
``(II) a new turn lane that the
State advises in writing to the
Secretary would assist public safety;
and
``(iii) that--
``(I) is classified as a categorical
exclusion under section 771.117 of title
23, Code of Federal Regulations (or
successor regulations); or
``(II) if the project or activity
does not receive assistance described in
clause (i) would be considered a
categorical exclusion if the project or
activity received assistance described
in clause (i).
``(B) Exclusion.--The term `eligible project or
activity' does not include a project to create a new
travel lane.
``(2) Preliminary evaluation.--The term `preliminary
evaluation', with respect to an application described in
subsection (b)(1), means an evaluation that is customary or
practicable for the relevant agency to complete within a 45-day
period for similar applications.
``(3) Relevant agency.--The term `relevant agency' means a
Federal agency, other than the Federal Highway Administration,
with responsibility for review of an application from a State
for a permit, approval, or jurisdictional determination for an
eligible project or activity.
``(b) Action Required.--
``(1) <<NOTE: Deadline.>> In general.--Subject to paragraph
(2), not later than 45 days after the date of receipt of an
application by a State for a permit, approval, or jurisdictional
determination for an
[[Page 135 STAT. 536]]
eligible project or activity, the head of the relevant agency
shall--
``(A) <<NOTE: Evaluation.>> make at least a
preliminary evaluation of the application; and
``(B) <<NOTE: Notification.>> notify the State of
the results of the preliminary evaluation under
subparagraph (A).
``(2) <<NOTE: Notice.>> Extension.--The head of the
relevant agency may extend the review period under paragraph (1)
by not more than 30 days if the head of the relevant agency
provides to the State written notice that includes an
explanation of the need for the extension.
``(3) Failure to act.--If the head of the relevant agency
fails to meet a deadline under paragraph (1) or (2), as
applicable, the head of the relevant agency shall--
``(A) <<NOTE: Reports.>> not later than 30 days
after the date of the missed deadline, submit to the
State, the Committee on Environment and Public Works of
the Senate, and the Committee on Transportation and
Infrastructure of the House of Representatives a report
that describes why the deadline was missed; and
``(B) <<NOTE: Deadline. Public information. Web
posting. Records.>> not later than 14 days after the
date on which a report is submitted under subparagraph
(A), make publicly available, including on the internet,
a copy of that report.''.
(b) Clerical Amendment.--The analysis for chapter 3 of title 23,
United States Code, <<NOTE: 23 USC 301 prec.>> is amended by adding at
the end the following:
``331. Evaluation of projects within an operational right-of-way.''.
SEC. 11310. PRELIMINARY ENGINEERING.
(a) In General.--Section 102 of title 23, United States Code, is
amended--
(1) by striking subsection (b); and
(2) in subsection (a), in the second sentence, by striking
``Nothing in this subsection'' and inserting the following:
``(b) Savings Provision.--Nothing in this section''.
(b) Conforming Amendment.--Section 144(j) of title 23, United States
Code, is amended by striking paragraph (6).
SEC. 11311. EFFICIENT IMPLEMENTATION OF NEPA FOR FEDERAL LAND
MANAGEMENT PROJECTS.
Section 203 of title 23, United States Code, is amended by adding at
the end the following:
``(e) Efficient Implementation of NEPA.--
``(1) Definitions.--In this subsection:
``(A) Environmental document.--The term
`environmental document' means an environmental impact
statement, environmental assessment, categorical
exclusion, or other document prepared under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.).
``(B) Project.--The term `project' means a highway
project, public transportation capital project, or
multimodal project that--
``(i) receives funds under this title; and
``(ii) is authorized under this section or
section 204.
[[Page 135 STAT. 537]]
``(C) Project sponsor.--The term `project sponsor'
means the Federal land management agency that seeks or
receives funds under this title for a project.
``(2) Environmental review to be completed by federal
highway administration.--The Federal Highway Administration may
prepare an environmental document pursuant to the implementing
procedures of the Federal Highway Administration to comply with
the requirements of the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.) if--
``(A) requested by a project sponsor; and
``(B) all areas of analysis required by the project
sponsor can be addressed.
``(3) Federal land management agencies adoption of existing
environmental review documents.--
``(A) In general.--To the maximum extent
practicable, if the Federal Highway Administration
prepares an environmental document pursuant to paragraph
(2), that environmental document shall address all areas
of analysis required by a Federal land management
agency.
``(B) Independent evaluation.--Notwithstanding any
other provision of law, a Federal land management agency
shall not be required to conduct an independent
evaluation to determine the adequacy of an environmental
document prepared by the Federal Highway Administration
pursuant to paragraph (2).
``(C) Use of same document.--In authorizing or
implementing a project, a Federal land management agency
may use an environmental document previously prepared by
the Federal Highway Administration for a project
addressing the same or substantially the same action to
the same extent that the Federal land management agency
could adopt or use a document previously prepared by
another Federal agency.
``(4) Application by federal land management agencies of
categorical exclusions established by federal highway
administration.--In carrying out requirements under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) for a
project, the project sponsor may use categorical exclusions
designated under that Act in the implementing regulations of the
Federal Highway Administration, subject to the conditions that--
``(A) <<NOTE: Determination. Consultation. Applicability.
>> the project sponsor makes a determination, in
consultation with the Federal Highway Administration,
that the categorical exclusion applies to the project;
``(B) the project satisfies the conditions for a
categorical exclusion under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.); and
``(C) the use of the categorical exclusion does not
otherwise conflict with the implementing regulations of
the project sponsor, except any list of the project
sponsor that designates categorical exclusions.
``(5) Mitigation commitments.--The Secretary shall assist
the Federal land management agency with all design and
mitigation commitments made jointly by the Secretary and the
project sponsor in any environmental document prepared by the
Secretary in accordance with this subsection.''.
[[Page 135 STAT. 538]]
SEC. 11312. NATIONAL ENVIRONMENTAL POLICY ACT OF 1969 REPORTING
PROGRAM.
(a) In General.--Chapter 1 of title 23, United States Code, is
amended by inserting after section 156 the following:
``Sec. 157. <<NOTE: 23 USC 157.>> National Environmental Policy
Act of 1969 reporting program
``(a) Definitions.--In this section:
``(1) Categorical exclusion.--The term `categorical
exclusion' has the meaning given the term in section 771.117(c)
of title 23, Code of Federal Regulations (or a successor
regulation).
``(2) Documented categorical exclusion.--The term
`documented categorical exclusion' has the meaning given the
term in section 771.117(d) of title 23, Code of Federal
Regulations (or a successor regulation).
``(3) Environmental assessment.--The term `environmental
assessment' has the meaning given the term in section 1508.1 of
title 40, Code of Federal Regulations (or a successor
regulation).
``(4) Environmental impact statement.--The term
`environmental impact statement' means a detailed statement
required under section 102(2)(C) of the National Environmental
Policy Act of 1969 (42 U.S.C. 4332(2)(C)).
``(5) Federal agency.--The term `Federal agency' includes a
State that has assumed responsibility under section 327.
``(6) NEPA process.--The term `NEPA process' means the
entirety of the development and documentation of the analysis
required under the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.), including the assessment and analysis of
any impacts, alternatives, and mitigation of a proposed action,
and any interagency participation and public involvement
required to be carried out before the Secretary undertakes a
proposed action.
``(7) Proposed action.--The term `proposed action' means an
action (within the meaning of the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.)) under this title that the
Secretary proposes to carry out.
``(8) Reporting period.--The term `reporting period' means
the fiscal year prior to the fiscal year in which a report is
issued under subsection (b).
``(9) Secretary.--The term `Secretary' includes the governor
or head of an applicable State agency of a State that has
assumed responsibility under section 327.
``(b) Report on NEPA Data.--
``(1) In general.--The Secretary shall carry out a process
to track, and annually submit to the Committee on Environment
and Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report containing, the information described
in paragraph (3).
``(2) Time to complete.--For purposes of paragraph (3), the
NEPA process--
``(A) for an environmental impact statement--
``(i) <<NOTE: Federal
Register, publication.>> begins on the date on
which the Notice of Intent is published in the
Federal Register; and
[[Page 135 STAT. 539]]
``(ii) <<NOTE: Record.>> ends on the date on
which the Secretary issues a record of decision,
including, if necessary, a revised record of
decision; and
``(B) <<NOTE: Determinations.>> for an
environmental assessment--
``(i) begins on the date on which the
Secretary makes a determination to prepare an
environmental assessment; and
``(ii) ends on the date on which the Secretary
issues a finding of no significant impact or
determines that preparation of an environmental
impact statement is necessary.
``(3) Information described.--The information referred to in
paragraph (1) is, with respect to the Department of
Transportation--
``(A) the number of proposed actions for which a
categorical exclusion was issued during the reporting
period;
``(B) the number of proposed actions for which a
documented categorical exclusion was issued by the
Department of Transportation during the reporting
period;
``(C) the number of proposed actions pending on the
date on which the report is submitted for which the
issuance of a documented categorical exclusion by the
Department of Transportation is pending;
``(D) the number of proposed actions for which an
environmental assessment was issued by the Department of
Transportation during the reporting period;
``(E) the length of time the Department of
Transportation took to complete each environmental
assessment described in subparagraph (D);
``(F) the number of proposed actions pending on the
date on which the report is submitted for which an
environmental assessment is being drafted by the
Department of Transportation;
``(G) the number of proposed actions for which an
environmental impact statement was completed by the
Department of Transportation during the reporting
period;
``(H) the length of time that the Department of
Transportation took to complete each environmental
impact statement described in subparagraph (G);
``(I) the number of proposed actions pending on the
date on which the report is submitted for which an
environmental impact statement is being drafted; and
``(J) for the proposed actions reported under
subparagraphs (F) and (I), the percentage of those
proposed actions for which--
``(i) funding has been identified; and
``(ii) all other Federal, State, and local
activities that are required to allow the proposed
action to proceed are completed.''.
(b) Clerical Amendment.--The analysis for chapter 1 of title 23,
United States Code, <<NOTE: 23 USC 101 prec.>> is amended by inserting
after the item relating to section 156 the following:
``157. National Environmental Policy Act of 1969 reporting program.''.
SEC. 11313. SURFACE TRANSPORTATION PROJECT DELIVERY PROGRAM
WRITTEN AGREEMENTS.
Section 327 of title 23, United States Code, is amended--
[[Page 135 STAT. 540]]
(1) in subsection (a)(2)(G), by inserting ``, including the
payment of fees awarded under section 2412 of title 28'' before
the period at the end;
(2) in subsection (c)--
(A) by striking paragraph (5) and inserting the
following:
``(5) except as provided under paragraph (7), have a term of
not more than 5 years;'';
(B) in paragraph (6), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(7) <<NOTE: Time period.>> for any State that has
participated in a program under this section (or under a
predecessor program) for at least 10 years, have a term of 10
years.'';
(3) in subsection (g)(1)--
(A) in subparagraph (B), by striking ``and'' at the
end;
(B) in subparagraph (C), by striking ``annual'';
(C) by redesignating subparagraph (C) as
subparagraph (D); and
(D) by inserting after subparagraph (B) the
following:
``(C) <<NOTE: Time period. Audit.>> in the case of
an agreement period of greater than 5 years pursuant to
subsection (c)(7), conduct an audit covering the first 5
years of the agreement period; and''; and
(4) by adding at the end the following:
``(m) Agency Deemed to Be Federal Agency.--A State agency that is
assigned a responsibility under an agreement under this section shall be
deemed to be an agency for the purposes of section 2412 of title 28.''.
SEC. 11314. <<NOTE: Time periods.>> STATE ASSUMPTION OF
RESPONSIBILITY FOR CATEGORICAL
EXCLUSIONS.
Section 326(c)(3) of title 23, United States Code, is amended--
(1) by striking subparagraph (A) and inserting the
following:
``(A) except as provided under subparagraph (C),
shall have a term of not more than 3 years;'';
(2) in subparagraph (B), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(C) shall have a term of 5 years, in the case of a
State that has assumed the responsibility for
categorical exclusions under this section for not fewer
than 10 years.''.
SEC. 11315. EARLY UTILITY RELOCATION PRIOR TO TRANSPORTATION
PROJECT ENVIRONMENTAL REVIEW.
Section 123 of title 23, United States Code, is amended to read as
follows:
``Sec. 123. Relocation of utility facilities
``(a) Definitions.--In this section:
``(1) Cost of relocation.--The term `cost of relocation'
includes the entire amount paid by a utility properly
attributable to the relocation of a utility facility, minus any
increase in the value of the new facility and any salvage value
derived from the old facility.
``(2) Early utility relocation project.--The term `early
utility relocation project' means utility relocation activities
[[Page 135 STAT. 541]]
identified by the State for performance before completion of the
environmental review process for the transportation project.
``(3) Environmental review process.--The term `environmental
review process' has the meaning given the term in section
139(a).
``(4) Transportation project.--The term `transportation
project' means a project.
``(5) Utility facility.--The term `utility facility' means
any privately, publicly, or cooperatively owned line, facility,
or system for producing, transmitting, or distributing
communications, power, electricity, light, heat, gas, oil, crude
products, water, steam, waste, stormwater not connected with
highway drainage, or any other similar commodity, including any
fire or police signal system or street lighting system, that
directly or indirectly serves the public.
``(6) Utility relocation activity.--The term `utility
relocation activity' means an activity necessary for the
relocation of a utility facility, including preliminary and
final design, surveys, real property acquisition, materials
acquisition, and construction.
``(b) Reimbursement to States.--
``(1) In general.--If a State pays for the cost of
relocation of a utility facility necessitated by the
construction of a transportation project, Federal funds may be
used to reimburse the State for the cost of relocation in the
same proportion as Federal funds are expended on the
transportation project.
``(2) Limitation.--Federal funds shall not be used to
reimburse a State under this section if the payment to the
utility--
``(A) violates the law of the State; or
``(B) violates a legal contract between the utility
and the State.
``(3) Requirement.--A reimbursement under paragraph (1)
shall be made only if the State demonstrates to the satisfaction
of the Secretary that the State paid the cost of the utility
relocation activity from funds of the State with respect to
transportation projects for which Federal funds are obligated
subsequent to April 16, 1958, for work, including utility
relocation activities.
``(4) Reimbursement eligibility for early relocation prior
to transportation project environmental review process.--
``(A) In general.--In addition to the requirements
under paragraphs (1) through (3), a State may carry out,
at the expense of the State, an early utility relocation
project for a transportation project before completion
of the environmental review process for the
transportation project.
``(B) Requirements for reimbursement.--Funds
apportioned to a State under this title may be used to
pay the costs incurred by the State for an early utility
relocation project only if the State demonstrates to the
Secretary, and the Secretary finds that--
``(i) the early utility relocation project is
necessary to accommodate a transportation project;
[[Page 135 STAT. 542]]
``(ii) the State provides adequate
documentation to the Secretary of eligible costs
incurred by the State for the early utility
relocation project;
``(iii) before the commencement of the utility
relocation activities, an environmental review
process was completed for the early utility
relocation project that resulted in a finding that
the early utility relocation project--
``(I) would not result in
significant adverse environmental
impacts; and
``(II) <<NOTE: Compliance.>> would
comply with other applicable Federal
environmental requirements;
``(iv) the early utility relocation project
did not influence--
``(I) the environmental review
process for the transportation project;
``(II) the decision relating to the
need to construct the transportation
project; or
``(III) the selection of the
transportation project design or
location;
``(v) <<NOTE: Compliance.>> the early utility
relocation project complies with all applicable
provisions of law, including regulations issued
pursuant to this title;
``(vi) the early utility relocation project
follows applicable financial procedures and
requirements, including documentation of eligible
costs and the requirements under section 109(l),
but not including requirements applicable to
authorization and obligation of Federal funds;
``(vii) the transportation project for which
the early utility relocation project was
necessitated was included in the applicable
transportation improvement program under section
134 or 135;
``(viii) before the cost incurred by a State
is approved for Federal participation,
environmental compliance pursuant to the National
Environmental Policy Act of 1969 (42 U.S.C. 4321
et seq.) has been completed for the transportation
project for which the early utility relocation
project was necessitated; and
``(ix) the transportation project that
necessitated the utility relocation activity is
approved for construction.
``(C) Savings provision.--Nothing in this paragraph
affects other eligibility requirements or authorities
for Federal participation in payment of costs incurred
for utility relocation activities.
``(c) Applicability of Other Provisions.--Nothing in this section
affects the applicability of other requirements that would otherwise
apply to an early utility relocation project, including any applicable
requirements under--
``(1) section 138;
``(2) the Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970 (42 U.S.C. 4601 et seq.),
including regulations under part 24 of title 49, Code of Federal
Regulations (or successor regulations);
``(3) title VI of the Civil Rights Act of 1964 (42 U.S.C.
2000d et seq.); or
[[Page 135 STAT. 543]]
``(4) an environmental review process.''.
SEC. 11316. STREAMLINING OF SECTION 4(F) REVIEWS.
Section 138(a) of title 23, United States Code, is amended--
(1) in the fourth sentence, by striking ``In carrying out''
and inserting the following:
``(4) Studies.--In carrying out'';
(2) in the third sentence--
(A) by striking ``such land, and (2) such program''
and inserting the following: ``the land; and
``(B) the program'';
(B) by striking ``unless (1) there is'' and
inserting the following: ``unless--
``(A) there is''; and
(C) by striking ``After the'' and inserting the
following:
``(3) Requirement.--After the'';
(3) in the second sentence--
(A) by striking ``The Secretary of Transportation''
and inserting the following:
``(2) Cooperation and consultation.--
``(A) In general.--The Secretary''; and
(B) by adding at the end the following:
``(B) Timeline for approvals.--
``(i) In general.--The Secretary shall--
``(I) provide an evaluation under
this section to the Secretaries
described in subparagraph (A); and
``(II) provide a period of 30 days
for receipt of comments.
``(ii) <<NOTE: Deadline.>> Assumed
acceptance.--If the Secretary does not receive
comments by 15 days after the deadline under
clause (i)(II), the Secretary shall assume a lack
of objection and proceed with the action.
``(C) Effect.--Nothing in subparagraph (B) affects--
``(i) the requirements under--
``(I) subsections (b) through (f);
or
``(II) the consultation process
under section 306108 of title 54; or
``(ii) programmatic section 4(f) evaluations,
as described in regulations issued by the
Secretary.''; and
(4) in the first sentence, by striking ``It is declared to
be'' and inserting the following:
``(1) In general.--It is''.
SEC. 11317. CATEGORICAL EXCLUSION FOR PROJECTS OF LIMITED FEDERAL
ASSISTANCE.
Section 1317(1) of MAP-21 (23 U.S.C. 109 note; Public Law 112-141)
is amended--
(1) in subparagraph (A), by striking ``$5,000,000'' and
inserting ``$6,000,000''; and
(2) in subparagraph (B), by striking ``$30,000,000'' and
inserting ``$35,000,000''.
SEC. 11318. <<NOTE: 42 USC 15943.>> CERTAIN GATHERING LINES
LOCATED ON FEDERAL LAND AND INDIAN
LAND.
(a) Definitions.--In this section:
(1) Federal land.--
[[Page 135 STAT. 544]]
(A) In general.--The term ``Federal land'' means
land the title to which is held by the United States.
(B) Exclusions.--The term ``Federal land'' does not
include--
(i) a unit of the National Park System;
(ii) a unit of the National Wildlife Refuge
System;
(iii) a component of the National Wilderness
Preservation System;
(iv) a wilderness study area within the
National Forest System; or
(v) Indian land.
(2) Gathering line and associated field compression or
pumping unit.--
(A) In general.--The term ``gathering line and
associated field compression or pumping unit'' means--
(i) a pipeline that is installed to transport
oil, natural gas and related constituents, or
produced water from 1 or more wells drilled and
completed to produce oil or gas; and
(ii) if necessary, 1 or more compressors or
pumps to raise the pressure of the transported
oil, natural gas and related constituents, or
produced water to higher pressures necessary to
enable the oil, natural gas and related
constituents, or produced water to flow into
pipelines and other facilities.
(B) Inclusions.--The term ``gathering line and
associated field compression or pumping unit'' includes
a pipeline or associated compression or pumping unit
that is installed to transport oil or natural gas from a
processing plant to a common carrier pipeline or
facility.
(C) Exclusions.--The term ``gathering line and
associated field compression or pumping unit'' does not
include a common carrier pipeline.
(3) Indian land.--The term ``Indian land'' means land the
title to which is held by--
(A) the United States in trust for an Indian Tribe
or an individual Indian; or
(B) an Indian Tribe or an individual Indian subject
to a restriction by the United States against
alienation.
(4) Produced water.--The term ``produced water'' means water
produced from an oil or gas well bore that is not a fluid
prepared at, or transported to, the well site to resolve a
specific oil or gas well bore or reservoir condition.
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(b) Certain Gathering Lines.--
(1) In general.--Subject to paragraph (2), the issuance of a
sundry notice or right-of-way for a gathering line and
associated field compression or pumping unit that is located on
Federal land or Indian land and that services any oil or gas
well may be considered by the Secretary to be an action that is
categorically excluded (as defined in section 1508.1 of title
40, Code of Federal Regulations (as in effect on the date of
enactment of this Act)) for purposes of the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) if the
gathering line and associated field compression or pumping
unit--
[[Page 135 STAT. 545]]
(A) are within a field or unit for which an approved
land use plan or an environmental document prepared
pursuant to the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.) analyzed transportation of
oil, natural gas, or produced water from 1 or more oil
or gas wells in the field or unit as a reasonably
foreseeable activity;
(B) are located adjacent to or within--
(i) any existing disturbed area; or
(ii) an existing corridor for a right-of-way;
and
(C) would reduce--
(i) in the case of a gathering line and
associated field compression or pumping unit
transporting methane, the total quantity of
methane that would otherwise be vented, flared, or
unintentionally emitted from the field or unit; or
(ii) in the case of a gathering line and
associated field compression or pumping unit not
transporting methane, the vehicular traffic that
would otherwise service the field or unit.
(2) Applicability.--Paragraph (1) shall apply to Indian
land, or a portion of Indian land--
(A) to which the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.) applies; and
(B) for which the Indian Tribe with jurisdiction
over the Indian land submits to the Secretary a written
request that paragraph (1) apply to that Indian land (or
portion of Indian land).
(c) Effect on Other Law.--Nothing in this section--
(1) affects or alters any requirement--
(A) relating to prior consent under--
(i) section 2 of the Act of February 5, 1948
(62 Stat. 18, chapter 45; 25 U.S.C. 324); or
(ii) section 16(e) of the Act of June 18, 1934
(48 Stat. 987, chapter 576; 102 Stat. 2939; 114
Stat. 47; 25 U.S.C. 5123(e)) (commonly known as
the ``Indian Reorganization Act'');
(B) under section 306108 of title 54, United States
Code; or
(C) under any other Federal law (including
regulations) relating to Tribal consent for rights-of-
way across Indian land; or
(2) makes the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) applicable to land to which that Act
otherwise would not apply.
SEC. 11319. <<NOTE: 49 USC 308 note.>> ANNUAL REPORT.
(a) Definition of Covered Project.--In this section, the term
``covered project'' means a project or activity carried out with funds
provided by the Department, including a project carried out under title
23 or 49, United States Code--
(1) that is more than 5 years behind schedule; or
(2) for which the total amount spent on the project or
activity is not less than $1,000,000,000 more than the original
cost estimate for the project or activity.
(b) Requirement.--Not later than 1 year after the date of enactment
of this Act, and annually thereafter, the Secretary shall
[[Page 135 STAT. 546]]
submit to Congress a report on covered projects of the Department, which
shall include, for each covered project--
(1) a brief description of the covered project, including--
(A) the purpose of the covered project;
(B) each location in which the covered project is
carried out;
(C) the contract or award number of the covered
project, if applicable;
(D) the year in which the covered project was
initiated;
(E) the Federal share of the total cost of the
covered project; and
(F) each primary contractor, subcontractor, grant
recipient, and subgrantee recipient of the covered
project;
(2) an explanation of any change to the original scope of
the covered project, including by the addition or narrowing of
the initial requirements of the covered project;
(3) the original expected date for completion of the covered
project;
(4) the current expected date for completion of the covered
project;
(5) <<NOTE: Cost estimate.>> the original cost estimate for
the covered project, as adjusted to reflect increases in the
Consumer Price Index for All Urban Consumers, as published by
the Bureau of Labor Statistics;
(6) <<NOTE: Cost estimate.>> the current cost estimate for
the covered project, as adjusted to reflect increases in the
Consumer Price Index for All Urban Consumers, as published by
the Bureau of Labor Statistics;
(7) an explanation for a delay in completion or an increase
in the original cost estimate for the covered project,
including, where applicable, any impact of insufficient or
delayed appropriations; and
(8) the amount of and rationale for any award, incentive
fee, or other type of bonus, if any, awarded for the covered
project.
Subtitle D--Climate Change
SEC. 11401. GRANTS FOR CHARGING AND FUELING INFRASTRUCTURE.
(a) <<NOTE: 23 USC 151 note.>> Purpose.--The purpose of this
section is to establish a grant program to strategically deploy publicly
accessible electric vehicle charging infrastructure, hydrogen fueling
infrastructure, propane fueling infrastructure, and natural gas fueling
infrastructure along designated alternative fuel corridors or in certain
other locations that will be accessible to all drivers of electric
vehicles, hydrogen vehicles, propane vehicles, and natural gas vehicles.
(b) Grant Program.--Section 151 of title 23, United States Code, is
amended--
(1) in subsection (a)--
(A) by striking ``Not later than 1 year after the
date of enactment of the FAST Act, the Secretary shall''
and inserting ``The Secretary shall periodically''; and
(B) by striking ``to improve the mobility'' and
inserting ``to support changes in the transportation
sector that help achieve a reduction in greenhouse gas
emissions and improve the mobility'';
[[Page 135 STAT. 547]]
(2) in subsection (b)(2), by inserting ``previously
designated by the Federal Highway Administration or'' before
``designated by'';
(3) by striking subsection (d) and inserting the following:
``(d) <<NOTE: Updates.>> Redesignation.--
``(1) <<NOTE: Deadline.>> Initial redesignation.--Not later
than 180 days after the date of enactment of the Surface
Transportation Reauthorization Act of 2021, the Secretary shall
update and redesignate the corridors under subsection (a).
``(2) Subsequent redesignation.--The Secretary shall
establish a recurring process to regularly update and
redesignate the corridors under subsection (a).'';
(4) in subsection (e)--
(A) in paragraph (1), by striking ``and'' at the
end;
(B) in paragraph (2)--
(i) by striking ``establishes an aspirational
goal of achieving'' and inserting ``describes
efforts, including through funds awarded through
the grant program under subsection (f), that will
aid efforts to achieve''; and
(ii) by striking ``by the end of fiscal year
2020.'' and inserting ``; and''; and
(C) by adding at the end the following:
``(3) <<NOTE: Consultation.>> summarizes best practices and
provides guidance, developed through consultation with the
Secretary of Energy, for project development of electric vehicle
charging infrastructure, hydrogen fueling infrastructure,
propane fueling infrastructure and natural gas fueling
infrastructure at the State, Tribal, and local level to allow
for the predictable deployment of that infrastructure.''; and
(5) by adding at the end the following:
``(f) Grant Program.--
``(1) Definition of private entity.--In this subsection, the
term `private entity' means a corporation, partnership, company,
or nonprofit organization.
``(2) <<NOTE: Deadline.>> Establishment.--Not later than 1
year after the date of enactment of the Surface Transportation
Reauthorization Act of 2021, the Secretary shall establish a
grant program to award grants to eligible entities to carry out
the activities described in paragraph (6).
``(3) Eligible entities.--An entity eligible to receive a
grant under this subsection is--
``(A) a State or political subdivision of a State;
``(B) a metropolitan planning organization;
``(C) a unit of local government;
``(D) a special purpose district or public authority
with a transportation function, including a port
authority;
``(E) an Indian tribe (as defined in section 4 of
the Indian Self-Determination and Education Assistance
Act (25 U.S.C. 5304));
``(F) a territory of the United States;
``(G) an authority, agency, or instrumentality of,
or an entity owned by, 1 or more entities described in
subparagraphs (A) through (F); or
``(H) a group of entities described in subparagraphs
(A) through (G).
[[Page 135 STAT. 548]]
``(4) Applications.--To be eligible to receive a grant under
this subsection, an eligible entity shall submit to the
Secretary an application at such time, in such manner, and
containing such information as the Secretary shall require,
including--
``(A) a description of how the eligible entity has
considered--
``(i) public accessibility of charging or
fueling infrastructure proposed to be funded with
a grant under this subsection, including--
``(I) charging or fueling connector
types and publicly available information
on real-time availability; and
``(II) payment methods to ensure
secure, convenient, fair, and equal
access;
``(ii) collaborative engagement with
stakeholders (including automobile manufacturers,
utilities, infrastructure providers, technology
providers, electric charging, hydrogen, propane,
and natural gas fuel providers, metropolitan
planning organizations, States, Indian tribes, and
units of local governments, fleet owners, fleet
managers, fuel station owners and operators, labor
organizations, infrastructure construction and
component parts suppliers, and multi-State and
regional entities)--
``(I) to foster enhanced,
coordinated, public-private or private
investment in electric vehicle charging
infrastructure, hydrogen fueling
infrastructure, propane fueling
infrastructure, or natural gas fueling
infrastructure;
``(II) to expand deployment of
electric vehicle charging
infrastructure, hydrogen fueling
infrastructure, propane fueling
infrastructure, or natural gas fueling
infrastructure;
``(III) to protect personal privacy
and ensure cybersecurity; and
``(IV) to ensure that a properly
trained workforce is available to
construct and install electric vehicle
charging infrastructure, hydrogen
fueling infrastructure, propane fueling
infrastructure, or natural gas fueling
infrastructure;
``(iii) the location of the station or fueling
site, such as consideration of--
``(I) the availability of onsite
amenities for vehicle operators, such as
restrooms or food facilities;
``(II) access in compliance with the
Americans with Disabilities Act of 1990
(42 U.S.C. 12101 et seq.);
``(III) height and fueling capacity
requirements for facilities that charge
or refuel large vehicles, such as semi-
trailer trucks; and
``(IV) appropriate distribution to
avoid redundancy and fill charging or
fueling gaps;
``(iv) infrastructure installation that can be
responsive to technology advancements, such as
accommodating autonomous vehicles, vehicle-to-grid
technology, and future charging methods; and
[[Page 135 STAT. 549]]
``(v) the long-term operation and maintenance
of the electric vehicle charging infrastructure,
hydrogen fueling infrastructure, propane fueling
infrastructure, or natural gas fueling
infrastructure, to avoid stranded assets and
protect the investment of public funds in that
infrastructure; and
``(B) <<NOTE: Assessment.>> an assessment of the
estimated emissions that will be reduced through the use
of electric vehicle charging infrastructure, hydrogen
fueling infrastructure, propane fueling infrastructure,
or natural gas fueling infrastructure, which shall be
conducted using the Alternative Fuel Life-Cycle
Environmental and Economic Transportation (AFLEET) tool
developed by Argonne National Laboratory (or a successor
tool).
``(5) Considerations.--In selecting eligible entities to
receive a grant under this subsection, the Secretary shall--
``(A) consider the extent to which the application
of the eligible entity would--
``(i) improve alternative fueling corridor
networks by--
``(I) converting corridor-pending
corridors to corridor-ready corridors;
or
``(II) in the case of corridor-ready
corridors, providing redundancy--
``(aa) to meet excess demand
for charging or fueling
infrastructure; or
``(bb) to reduce congestion
at existing charging or fueling
infrastructure in high-traffic
locations;
``(ii) meet current or anticipated market
demands for charging or fueling infrastructure;
``(iii) enable or accelerate the construction
of charging or fueling infrastructure that would
be unlikely to be completed without Federal
assistance;
``(iv) support a long-term competitive market
for electric vehicle charging infrastructure,
hydrogen fueling infrastructure, propane fueling
infrastructure, or natural gas fueling
infrastructure that does not significantly impair
existing electric vehicle charging infrastructure,
hydrogen fueling infrastructure, propane fueling
infrastructure, or natural gas fueling
infrastructure providers;
``(v) provide access to electric vehicle
charging infrastructure, hydrogen fueling
infrastructure, propane fueling infrastructure, or
natural gas fueling infrastructure in areas with a
current or forecasted need; and
``(vi) deploy electric vehicle charging
infrastructure, hydrogen fueling infrastructure,
propane fueling infrastructure, or natural gas
fueling infrastructure for medium- and heavy-duty
vehicles (including along the National Highway
Freight Network established under section 167(c))
and in proximity to intermodal transfer stations;
``(B) ensure, to the maximum extent practicable,
geographic diversity among grant recipients to ensure
that electric vehicle charging infrastructure, hydrogen
fueling
[[Page 135 STAT. 550]]
infrastructure, propane fueling infrastructure, or
natural gas fueling infrastructure is available
throughout the United States;
``(C) consider whether the private entity that the
eligible entity contracts with under paragraph (6)--
``(i) submits to the Secretary the most recent
year of audited financial statements; and
``(ii) has experience in installing and
operating electric vehicle charging
infrastructure, hydrogen fueling infrastructure,
propane fueling infrastructure, or natural gas
fueling infrastructure; and
``(D) consider whether, to the maximum extent
practicable, the eligible entity and the private entity
that the eligible entity contracts with under paragraph
(6) enter into an agreement--
``(i) to operate and maintain publicly
available electric vehicle charging
infrastructure, hydrogen fueling infrastructure,
propane fueling infrastructure, or natural gas
infrastructure; and
``(ii) that provides a remedy and an
opportunity to cure if the requirements described
in clause (i) are not met.
``(6) Use of funds.--
``(A) <<NOTE: Contracts.>> In general.--An eligible
entity receiving a grant under this subsection shall
only use the funds in accordance with this paragraph to
contract with a private entity for acquisition and
installation of publicly accessible electric vehicle
charging infrastructure, hydrogen fueling
infrastructure, propane fueling infrastructure, or
natural gas fueling infrastructure that is directly
related to the charging or fueling of a vehicle.
``(B) Location of infrastructure.--Any publicly
accessible electric vehicle charging infrastructure,
hydrogen fueling infrastructure, propane fueling
infrastructure, or natural gas fueling infrastructure
acquired and installed with a grant under this
subsection shall be located along an alternative fuel
corridor designated under this section, on the condition
that any affected Indian tribes are consulted before the
designation.
``(C) Operating assistance.--
``(i) <<NOTE: Time period.>> In general.--
Subject to clauses (ii) and (iii), an eligible
entity that receives a grant under this subsection
may use a portion of the funds to provide to a
private entity operating assistance for the first
5 years of operations after the installation of
publicly available electric vehicle charging
infrastructure, hydrogen fueling infrastructure,
propane fueling infrastructure, or natural gas
fueling infrastructure while the facility
transitions to independent system operations.
``(ii) Inclusions.--Operating assistance under
this subparagraph shall be limited to costs
allocable to operating and maintaining the
electric vehicle charging infrastructure, hydrogen
fueling infrastructure, propane fueling
infrastructure, or natural gas fueling
infrastructure and service.
[[Page 135 STAT. 551]]
``(iii) Limitation.--Operating assistance
under this subparagraph may not exceed the amount
of a contract under subparagraph (A) to acquire
and install publicly accessible electric vehicle
charging infrastructure, hydrogen fueling
infrastructure, propane fueling infrastructure, or
natural gas fueling infrastructure.
``(D) Traffic control devices.--
``(i) In general.--Subject to this paragraph,
an eligible entity that receives a grant under
this subsection may use a portion of the funds to
acquire and install traffic control devices
located in the right-of-way to provide directional
information to publicly accessible electric
vehicle charging infrastructure, hydrogen fueling
infrastructure, propane fueling infrastructure, or
natural gas fueling infrastructure acquired,
installed, or operated with the grant.
``(ii) Applicability.--Clause (i) shall apply
only to an eligible entity that--
``(I) receives a grant under this
subsection; and
``(II) is using that grant for the
acquisition and installation of publicly
accessible electric vehicle charging
infrastructure, hydrogen fueling
infrastructure, propane fueling
infrastructure, or natural gas fueling
infrastructure.
``(iii) Limitation on amount.--The amount of
funds used to acquire and install traffic control
devices under clause (i) may not exceed the amount
of a contract under subparagraph (A) to acquire
and install publicly accessible charging or
fueling infrastructure.
``(iv) No new authority created.--Nothing in
this subparagraph authorizes an eligible entity
that receives a grant under this subsection to
acquire and install traffic control devices if the
entity is not otherwise authorized to do so.
``(E) <<NOTE: Contracts.>> Revenue.--
``(i) In general.--An eligible entity
receiving a grant under this subsection and a
private entity referred to in subparagraph (A) may
enter into a cost-sharing agreement under which
the private entity submits to the eligible entity
a portion of the revenue from the electric vehicle
charging infrastructure, hydrogen fueling
infrastructure, propane fueling infrastructure, or
natural gas fueling infrastructure.
``(ii) Uses of revenue.--An eligible entity
that receives revenue from a cost-sharing
agreement under clause (i) may only use that
revenue for a project that is eligible under this
title.
``(7) Certain fuels.--The use of grants for propane fueling
infrastructure under this subsection shall be limited to
infrastructure for medium- and heavy-duty vehicles.
``(8) Community grants.--
``(A) In general.--Notwithstanding paragraphs (4),
(5), and (6), the Secretary shall reserve 50 percent of
the amounts made available each fiscal year to carry out
this section to provide grants to eligible entities in
accordance with this paragraph.
[[Page 135 STAT. 552]]
``(B) Applications.--To be eligible to receive a
grant under this paragraph, an eligible entity shall
submit to the Secretary an application at such time, in
such manner, and containing such information as the
Secretary may require.
``(C) Eligible entities.--An entity eligible to
receive a grant under this paragraph is--
``(i) an entity described in paragraph (3);
and
``(ii) a State or local authority with
ownership of publicly accessible transportation
facilities.
``(D) Eligible projects.--The Secretary may provide
a grant under this paragraph for a project that is
expected to reduce greenhouse gas emissions and to
expand or fill gaps in access to publicly accessible
electric vehicle charging infrastructure, hydrogen
fueling infrastructure, propane fueling infrastructure,
or natural gas fueling infrastructure, including--
``(i) development phase activities, including
planning, feasibility analysis, revenue
forecasting, environmental review, preliminary
engineering and design work, and other
preconstruction activities; and
``(ii) the acquisition and installation of
electric vehicle charging infrastructure, hydrogen
fueling infrastructure, propane fueling
infrastructure, or natural gas fueling
infrastructure that is directly related to the
charging or fueling of a vehicle, including any
related construction or reconstruction and the
acquisition of real property directly related to
the project, such as locations described in
subparagraph (E), to expand access to electric
vehicle charging infrastructure, hydrogen fueling
infrastructure, propane fueling infrastructure, or
natural gas fueling infrastructure.
``(E) Project locations.--A project receiving a
grant under this paragraph may be located on any public
road or in other publicly accessible locations, such as
parking facilities at public buildings, public schools,
and public parks, or in publicly accessible parking
facilities owned or managed by a private entity.
``(F) Priority.--In providing grants under this
paragraph, the Secretary shall give priority to projects
that expand access to electric vehicle charging
infrastructure, hydrogen fueling infrastructure, propane
fueling infrastructure, or natural gas fueling
infrastructure within--
``(i) rural areas;
``(ii) low- and moderate-income neighborhoods;
and
``(iii) <<NOTE: Determination.>> communities
with a low ratio of private parking spaces to
households or a high ratio of multiunit dwellings
to single family homes, as determined by the
Secretary.
``(G) Additional considerations.--In providing
grants under this paragraph, the Secretary shall
consider the extent to which the project--
``(i) contributes to geographic diversity
among eligible entities, including achieving a
balance between urban and rural communities; and
``(ii) meets current or anticipated market
demands for charging or fueling infrastructure,
including faster
[[Page 135 STAT. 553]]
charging speeds with high-powered capabilities
necessary to minimize the time to charge or refuel
current and anticipated vehicles.
``(H) <<NOTE: Contracts.>> Partnering with private
entities.--An eligible entity that receives a grant
under this paragraph may use the grant funds to contract
with a private entity for the acquisition, construction,
installation, maintenance, or operation of electric
vehicle charging infrastructure, hydrogen fueling
infrastructure, propane fueling infrastructure, or
natural gas fueling infrastructure that is directly
related to the charging or fueling of a vehicle.
``(I) Maximum grant amount.--The amount of a grant
under this paragraph shall not be more than $15,000,000.
``(J) Technical assistance.--Of the amounts reserved
under subparagraph (A), the Secretary may use not more
than 1 percent to provide technical assistance to
eligible entities.
``(K) Additional activities.--The recipient of a
grant under this paragraph may use not more than 5
percent of the grant funds on educational and community
engagement activities to develop and implement education
programs through partnerships with schools, community
organizations, and vehicle dealerships to support the
use of zero-emission vehicles and associated
infrastructure.
``(9) Requirements.--
``(A) Project treatment.--Notwithstanding any other
provision of law, any project funded by a grant under
this subsection shall be treated as a project on a
Federal-aid highway under this chapter.
``(B) Signs.--Any traffic control device or on-
premises sign acquired, installed, or operated with a
grant under this subsection shall comply with--
``(i) the Manual on Uniform Traffic Control
Devices, if located in the right-of-way; and
``(ii) other provisions of Federal, State, and
local law, as applicable.
``(10) Federal share.--
``(A) In general.--The Federal share of the cost of
a project carried out with a grant under this subsection
shall not exceed 80 percent of the total project cost.
``(B) <<NOTE: Payment.>> Responsibility of private
entity.--As a condition of contracting with an eligible
entity under paragraph (6) or (8), a private entity
shall agree to pay the share of the cost of a project
carried out with a grant under this subsection that is
not paid by the Federal Government under subparagraph
(A).
``(11) <<NOTE: Public information.>> Report.--Not later
than 3 years after the date of enactment of this subsection, the
Secretary shall submit to the Committee on Environment and
Public Works of the Senate and the Committee on Transportation
and Infrastructure of the House of Representatives and make
publicly available a report on the progress and implementation
of this subsection.''.
SEC. 11402. <<NOTE: 23 USC 149 note.>> REDUCTION OF TRUCK
EMISSIONS AT PORT FACILITIES.
(a) Establishment of Program.--
[[Page 135 STAT. 554]]
(1) <<NOTE: Studies.>> In general.--The Secretary shall
establish a program to reduce idling at port facilities, under
which the Secretary shall--
(A) study how ports and intermodal port transfer
facilities would benefit from increased opportunities to
reduce emissions at ports, including through the
electrification of port operations;
(B) study emerging technologies and strategies that
may help reduce port-related emissions from idling
trucks; and
(C) <<NOTE: Coordination.>> coordinate and provide
funding to test, evaluate, and deploy projects that
reduce port-related emissions from idling trucks,
including through the advancement of port
electrification and improvements in efficiency, focusing
on port operations, including heavy-duty commercial
vehicles, and other related projects.
(2) Consultation.--In carrying out the program under this
subsection, the Secretary may consult with the Secretary of
Energy and the Administrator of the Environmental Protection
Agency.
(b) Grants.--
(1) In general.--In carrying out subsection (a)(1)(C), the
Secretary shall award grants to fund projects that reduce
emissions at ports, including through the advancement of port
electrification.
(2) Cost share.--A grant awarded under paragraph (1) shall
not exceed 80 percent of the total cost of the project funded by
the grant.
(3) Coordination.--In carrying out the grant program under
this subsection, the Secretary shall--
(A) to the maximum extent practicable, leverage
existing resources and programs of the Department and
other relevant Federal agencies; and
(B) <<NOTE: Determination.>> coordinate with other
Federal agencies, as the Secretary determines to be
appropriate.
(4) Application; selection.--
(A) <<NOTE: Determination.>> Application.--The
Secretary shall solicit applications for grants under
paragraph (1) at such time, in such manner, and
containing such information as the Secretary determines
to be necessary.
(B) <<NOTE: Deadlines.>> Selection.--The Secretary
shall make grants under paragraph (1) by not later than
April 1 of each fiscal year for which funding is made
available.
(5) Requirement.--Notwithstanding any other provision of
law, any project funded by a grant under this subsection shall
be treated as a project on a Federal-aid highway under chapter 1
of title 23, United States Code.
(c) <<NOTE: Recommenda- tions.>> Report.--Not later than 1 year
after the date on which all of the projects funded with a grant under
subsection (b) are completed, the Secretary shall submit to Congress a
report that includes--
(1) the findings of the studies described in subparagraphs
(A) and (B) of subsection (a)(1);
(2) the results of the projects that received a grant under
subsection (b);
(3) any recommendations for workforce development and
training opportunities with respect to port electrification; and
[[Page 135 STAT. 555]]
(4) any policy recommendations based on the findings and
results described in paragraphs (1) and (2).
SEC. 11403. CARBON REDUCTION PROGRAM.
(a) In General.--Chapter 1 of title 23, United States Code (as
amended by section 11203(a)), is amended by adding at the end the
following:
``Sec. 175. <<NOTE: 23 USC 175.>> Carbon reduction program
``(a) Definitions.--In this section:
``(1) Metropolitan planning organization; urbanized area.--
The terms `metropolitan planning organization' and `urbanized
area' have the meaning given those terms in section 134(b).
``(2) Transportation emissions.--The term `transportation
emissions' means carbon dioxide emissions from on-road highway
sources of those emissions within a State.
``(3) Transportation management area.--The term
`transportation management area' means a transportation
management area identified or designated by the Secretary under
section 134(k)(1).
``(b) Establishment.--The Secretary shall establish a carbon
reduction program to reduce transportation emissions.
``(c) Eligible Projects.--
``(1) In general.--Subject to paragraph (2), funds
apportioned to a State under section 104(b)(7) may be obligated
for projects to support the reduction of transportation
emissions, including--
``(A) a project described in section 149(b)(4) to
establish or operate a traffic monitoring, management,
and control facility or program, including advanced
truck stop electrification systems;
``(B) a public transportation project that is
eligible for assistance under section 142;
``(C) a project described in section 101(a)(29) (as
in effect on the day before the date of enactment of the
FAST Act (Public Law 114-94; 129 Stat. 1312)), including
the construction, planning, and design of on-road and
off-road trail facilities for pedestrians, bicyclists,
and other nonmotorized forms of transportation;
``(D) a project described in section 503(c)(4)(E)
for advanced transportation and congestion management
technologies;
``(E) a project for the deployment of
infrastructure-based intelligent transportation systems
capital improvements and the installation of vehicle-to-
infrastructure communications equipment, including
retrofitting dedicated short-range communications (DSRC)
technology deployed as part of an existing pilot program
to cellular vehicle-to-everything (C-V2X) technology;
``(F) a project to replace street lighting and
traffic control devices with energy-efficient
alternatives;
``(G) the development of a carbon reduction strategy
in accordance with subsection (d);
``(H) a project or strategy that is designed to
support congestion pricing, shifting transportation
demand to nonpeak hours or other transportation modes,
increasing
[[Page 135 STAT. 556]]
vehicle occupancy rates, or otherwise reducing demand
for roads, including electronic toll collection, and
travel demand management strategies and programs;
``(I) efforts to reduce the environmental and
community impacts of freight movement;
``(J) a project to support deployment of alternative
fuel vehicles, including--
``(i) the acquisition, installation, or
operation of publicly accessible electric vehicle
charging infrastructure or hydrogen, natural gas,
or propane vehicle fueling infrastructure; and
``(ii) the purchase or lease of zero-emission
construction equipment and vehicles, including the
acquisition, construction, or leasing of required
supporting facilities;
``(K) a project described in section 149(b)(8) for a
diesel engine retrofit;
``(L) a project described in section 149(b)(5) that
does not result in the construction of new capacity; and
``(M) a project that reduces transportation
emissions at port facilities, including through the
advancement of port electrification.
``(2) <<NOTE: Certification.>> Flexibility.--In addition to
the eligible projects under paragraph (1), a State may use funds
apportioned under section 104(b)(7) for a project eligible under
section 133(b) if the Secretary certifies that the State has
demonstrated a reduction in transportation emissions--
``(A) as estimated on a per capita basis; and
``(B) as estimated on a per unit of economic output
basis.
``(d) Carbon Reduction Strategy.--
``(1) <<NOTE: Deadline. Consultation.>> In general.--Not
later than 2 years after the date of enactment of the Surface
Transportation Reauthorization Act of 2021, a State, in
consultation with any metropolitan planning organization
designated within the State, shall develop a carbon reduction
strategy in accordance with this subsection.
``(2) Requirements.--The carbon reduction strategy of a
State developed under paragraph (1) shall--
``(A) support efforts to reduce transportation
emissions;
``(B) identify projects and strategies to reduce
transportation emissions, which may include projects and
strategies for safe, reliable, and cost-effective
options--
``(i) to reduce traffic congestion by
facilitating the use of alternatives to single-
occupant vehicle trips, including public
transportation facilities, pedestrian facilities,
bicycle facilities, and shared or pooled vehicle
trips within the State or an area served by the
applicable metropolitan planning organization, if
any;
``(ii) to facilitate the use of vehicles or
modes of travel that result in lower
transportation emissions per person-mile traveled
as compared to existing vehicles and modes; and
``(iii) to facilitate approaches to the
construction of transportation assets that result
in lower transportation emissions as compared to
existing approaches;
[[Page 135 STAT. 557]]
``(C) support the reduction of transportation
emissions of the State;
``(D) at the discretion of the State, quantify the
total carbon emissions from the production, transport,
and use of materials used in the construction of
transportation facilities within the State; and
``(E) be appropriate to the population density and
context of the State, including any metropolitan
planning organization designated within the State.
``(3) <<NOTE: Time period.>> Updates.--The carbon reduction
strategy of a State developed under paragraph (1) shall be
updated not less frequently than once every 4 years.
``(4) <<NOTE: Deadline.>> Review.--Not later than 90 days
after the date on which a State submits a request for the
approval of a carbon reduction strategy developed by the State
under paragraph (1), the Secretary shall--
``(A) review the process used to develop the carbon
reduction strategy; and
``(B)(i) <<NOTE: Certification.>> certify that the
carbon reduction strategy meets the requirements of
paragraph (2); or
``(ii) deny certification of the carbon reduction
strategy and specify the actions necessary for the State
to take to correct the deficiencies in the process of
the State in developing the carbon reduction strategy.
``(5) Technical assistance.--At the request of a State, the
Secretary shall provide technical assistance in the development
of the carbon reduction strategy under paragraph (1).
``(e) Suballocation.--
``(1) In general.--For each fiscal year, of the funds
apportioned to the State under section 104(b)(7)--
``(A) 65 percent shall be obligated, in proportion
to their relative shares of the population of the
State--
``(i) in urbanized areas of the State with an
urbanized area population of more than 200,000;
``(ii) in urbanized areas of the State with an
urbanized population of not less than 50,000 and
not more than 200,000;
``(iii) in urban areas of the State with a
population of not less than 5,000 and not more
than 49,999; and
``(iv) in other areas of the State with a
population of less than 5,000; and
``(B) the remainder may be obligated in any area of
the State.
``(2) Metropolitan areas.--Funds attributed to an urbanized
area under paragraph (1)(A)(i) may be obligated in the
metropolitan area established under section 134 that encompasses
the urbanized area.
``(3) Distribution among urbanized areas of over 50,000
population.--
``(A) In general.--Except as provided in
subparagraph (B), the amounts that a State is required
to obligate under clauses (i) and (ii) of paragraph
(1)(A) shall be obligated in urbanized areas described
in those clauses based on the relative population of the
areas.
``(B) Other factors.--The State may obligate the
funds described in subparagraph (A) based on other
factors if--
[[Page 135 STAT. 558]]
``(i) the State and the relevant metropolitan
planning organizations jointly apply to the
Secretary for the permission to base the
obligation on other factors; and
``(ii) the Secretary grants the request.
``(4) Coordination in urbanized areas.--Before obligating
funds for an eligible project under subsection (c) in an
urbanized area that is not a transportation management area, a
State shall coordinate with any metropolitan planning
organization that represents the urbanized area prior to
determining which activities should be carried out under the
project.
``(5) Consultation in rural areas.--Before obligating funds
for an eligible project under subsection (c) in a rural area, a
State shall consult with any regional transportation planning
organization or metropolitan planning organization that
represents the rural area prior to determining which activities
should be carried out under the project.
``(6) Obligation authority.--
``(A) <<NOTE: Time period.>> In general.--A State
that is required to obligate in an urbanized area with
an urbanized area population of 50,000 or more under
this subsection funds apportioned to the State under
section 104(b)(7) shall make available during the period
of fiscal years 2022 through 2026 an amount of
obligation authority distributed to the State for
Federal-aid highways and highway safety construction
programs for use in the area that is equal to the amount
obtained by multiplying--
``(i) the aggregate amount of funds that the
State is required to obligate in the area under
this subsection during the period; and
``(ii) the ratio that--
``(I) the aggregate amount of
obligation authority distributed to the
State for Federal-aid highways and
highway safety construction programs
during the period; bears to
``(II) the total of the sums
apportioned to the State for Federal-aid
highways and highway safety construction
programs (excluding sums not subject to
an obligation limitation) during the
period.
``(B) <<NOTE: Compliance.>> Joint responsibility.--
Each State, each affected metropolitan planning
organization, and the Secretary shall jointly ensure
compliance with subparagraph (A).
``(f) Federal Share.--The Federal share of the cost of a project
carried out using funds apportioned to a State under section 104(b)(7)
shall be determined in accordance with section 120.
``(g) Treatment of Projects.--Notwithstanding any other provision of
law, a project assisted under this section shall be treated as a project
on a Federal-aid highway under this chapter.''.
(b) Clerical Amendment.--The analysis for chapter 1 of title 23,
United States Code (as amended by section 11203(b)) <<NOTE: 23 USC 101
prec.>> is amended by inserting after the item relating to section 174
the following:
``175. Carbon reduction program.''.
SEC. 11404. CONGESTION RELIEF PROGRAM.
(a) In General.--Section 129 of title 23, United States Code, is
amended by adding at the end the following:
``(d) Congestion Relief Program.--
[[Page 135 STAT. 559]]
``(1) Definitions.--In this subsection:
``(A) Eligible entity.--The term `eligible entity'
means any of the following:
``(i) A State, for the purpose of carrying out
a project in an urbanized area with a population
of more than 1,000,000.
``(ii) A metropolitan planning organization,
city, or municipality, for the purpose of carrying
out a project in an urbanized area with a
population of more than 1,000,000.
``(B) Integrated congestion management system.--The
term `integrated congestion management system' means a
system for the integration of management and operations
of a regional transportation system that includes, at a
minimum, traffic incident management, work zone
management, traffic signal timing, managed lanes, real-
time traveler information, and active traffic
management, in order to maximize the capacity of all
facilities and modes across the applicable region.
``(C) Program.--The term `program' means the
congestion relief program established under paragraph
(2).
``(2) <<NOTE: Grants.>> Establishment.--The Secretary shall
establish a congestion relief program to provide discretionary
grants to eligible entities to advance innovative, integrated,
and multimodal solutions to congestion relief in the most
congested metropolitan areas of the United States.
``(3) Program goals.--The goals of the program are to reduce
highway congestion, reduce economic and environmental costs
associated with that congestion, including transportation
emissions, and optimize existing highway capacity and usage of
highway and transit systems through--
``(A) improving intermodal integration with
highways, highway operations, and highway performance;
``(B) reducing or shifting highway users to off-peak
travel times or to nonhighway travel modes during peak
travel times; and
``(C) pricing of, or based on, as applicable--
``(i) parking;
``(ii) use of roadways, including in
designated geographic zones; or
``(iii) congestion.
``(4) Eligible projects.--Funds from a grant under the
program may be used for a project or an integrated collection of
projects, including planning, design, implementation, and
construction activities, to achieve the program goals under
paragraph (3), including--
``(A) deployment and operation of an integrated
congestion management system;
``(B) deployment and operation of a system that
implements or enforces high occupancy vehicle toll
lanes, cordon pricing, parking pricing, or congestion
pricing;
``(C) deployment and operation of mobility services,
including establishing account-based financial systems,
commuter buses, commuter vans, express operations,
paratransit, and on-demand microtransit; and
[[Page 135 STAT. 560]]
``(D) incentive programs that encourage travelers to
carpool, use nonhighway travel modes during peak period,
or travel during nonpeak periods.
``(5) Application; selection.--
``(A) Application.--To be eligible to receive a
grant under the program, an eligible entity shall submit
to the Secretary an application at such time, in such
manner, and containing such information as the Secretary
may require.
``(B) Priority.--In providing grants under the
program, the Secretary shall give priority to projects
in urbanized areas that are experiencing a high degree
of recurrent congestion.
``(C) Federal share.--The Federal share of the cost
of a project carried out with a grant under the program
shall not exceed 80 percent of the total project cost.
``(D) Minimum award.--A grant provided under the
program shall be not less than $10,000,000.
``(6) Use of tolling.--
``(A) In general.--Notwithstanding subsection (a)(1)
and section 301 and subject to subparagraphs (B) and
(C), the Secretary shall allow the use of tolls on the
Interstate System as part of a project carried out with
a grant under the program.
``(B) Requirements.--The Secretary may only approve
the use of tolls under subparagraph (A) if--
``(i) the eligible entity has authority under
State, and if applicable, local, law to assess the
applicable toll;
``(ii) the maximum toll rate for any vehicle
class is not greater than the product obtained by
multiplying--
``(I) the toll rate for any other
vehicle class; and
``(II) 5;
``(iii) the toll rates are not charged or
varied on the basis of State residency;
``(iv) <<NOTE: Determination.>> the Secretary
determines that the use of tolls will enable the
eligible entity to achieve the program goals under
paragraph (3) without a significant impact to
safety or mobility within the urbanized area in
which the project is located; and
``(v) the use of toll revenues complies with
subsection (a)(3).
``(C) Limitation.--The Secretary may not approve the
use of tolls on the Interstate System under the program
in more than 10 urbanized areas.
``(7) Financial effects on low-income drivers.--A project
under the program--
``(A) <<NOTE: Analysis.>> shall include, if
appropriate, an analysis of the potential effects of the
project on low-income drivers; and
``(B) may include mitigation measures to deal with
any potential adverse financial effects on low-income
drivers.''.
(b) High Occupancy Vehicle Use of Certain Toll Facilities.--Section
129(a) of title 23, United States Code, is amended--
[[Page 135 STAT. 561]]
(1) by redesignating paragraph (10) as paragraph (11); and
(2) by inserting after paragraph (9) the following:
``(10) High occupancy vehicle use of certain toll
facilities. <<NOTE: Consultation. Determination.>> --
Notwithstanding section 102(a), in the case of a toll facility
that is on the Interstate System and that is constructed or
converted after the date of enactment of the Surface
Transportation Reauthorization Act of 2021, the public authority
with jurisdiction over the toll facility shall allow high
occupancy vehicles, transit, and paratransit vehicles to use the
facility at a discount rate or without charge, unless the public
authority, in consultation with the Secretary, determines that
the number of those vehicles using the facility reduces the
travel time reliability of the facility.''.
SEC. 11405. PROMOTING RESILIENT OPERATIONS FOR TRANSFORMATIVE,
EFFICIENT, AND COST-SAVING
TRANSPORTATION (PROTECT) PROGRAM.
(a) In General.--Chapter 1 of title 23, United States Code (as
amended by section 11403(a)), is amended by adding at the end the
following:
``Sec. 176. <<NOTE: 23 USC 176.>> Promoting Resilient Operations
for Transformative, Efficient, and Cost-saving
Transportation (PROTECT) program
``(a) Definitions.--In this section:
``(1) Emergency event.--The term `emergency event' means a
natural disaster or catastrophic failure resulting in--
``(A) an emergency declared by the Governor of the
State in which the disaster or failure occurred; or
``(B) an emergency or disaster declared by the
President.
``(2) Evacuation route.--The term `evacuation route' means a
transportation route or system that--
``(A) is owned, operated, or maintained by a
Federal, State, Tribal, or local government;
``(B) is used--
``(i) to transport the public away from
emergency events; or
``(ii) to transport emergency responders and
recovery resources; and
``(C) is designated by the eligible entity with
jurisdiction over the area in which the route is located
for the purposes described in subparagraph (B).
``(3) Program.--The term `program' means the program
established under subsection (b)(1).
``(4) Resilience improvement.--The term `resilience
improvement' means the use of materials or structural or
nonstructural techniques, including natural infrastructure--
``(A) that allow a project--
``(i) to better anticipate, prepare for, and
adapt to changing conditions and to withstand and
respond to disruptions; and
``(ii) to be better able to continue to serve
the primary function of the project during and
after weather events and natural disasters for the
expected life of the project; or
[[Page 135 STAT. 562]]
``(B) that--
``(i) reduce the magnitude and duration of
impacts of current and future weather events and
natural disasters to a project; or
``(ii) have the absorptive capacity, adaptive
capacity, and recoverability to decrease project
vulnerability to current and future weather events
or natural disasters.
``(b) Establishment.--
``(1) In general.--The Secretary shall establish a program,
to be known as the `Promoting Resilient Operations for
Transformative, Efficient, and Cost-saving Transportation
program' or the `PROTECT program'.
``(2) <<NOTE: Grants.>> Purpose.--The purpose of the
program is to provide grants for resilience improvements
through--
``(A) formula funding distributed to States to carry
out subsection (c);
``(B) competitive planning grants to enable
communities to assess vulnerabilities to current and
future weather events and natural disasters and changing
conditions, including sea level rise, and plan
transportation improvements and emergency response
strategies to address those vulnerabilities; and
``(C) competitive resilience improvement grants to
protect--
``(i) surface transportation assets by making
the assets more resilient to current and future
weather events and natural disasters, such as
severe storms, flooding, drought, levee and dam
failures, wildfire, rockslides, mudslides, sea
level rise, extreme weather, including extreme
temperature, and earthquakes;
``(ii) communities through resilience
improvements and strategies that allow for the
continued operation or rapid recovery of surface
transportation systems that--
``(I) serve critical local,
regional, and national needs, including
evacuation routes; and
``(II) provide access or service to
hospitals and other medical or emergency
service facilities, major employers,
critical manufacturing centers, ports
and intermodal facilities, utilities,
and Federal facilities;
``(iii) coastal infrastructure, such as a tide
gate to protect highways, that is at long-term
risk to sea level rise; and
``(iv) natural infrastructure that protects
and enhances surface transportation assets while
improving ecosystem conditions, including culverts
that ensure adequate flows in rivers and estuarine
systems.
``(c) Eligible Activities for Apportioned Funding.--
``(1) In general.--Except as provided in paragraph (2),
funds apportioned to the State under section 104(b)(8) shall be
obligated for activities eligible under subparagraph (A), (B),
or (C) of subsection (d)(4).
``(2) Planning set-aside.--Of the funds apportioned to a
State under section 104(b)(8) for each fiscal year, not less
[[Page 135 STAT. 563]]
than 2 percent shall be for activities described in subsection
(d)(3).
``(3) Requirements.--
``(A) Projects in certain areas.--If a project under
this subsection is carried out, in whole or in part,
within a base floodplain, the State shall--
``(i) identify the base floodplain in which
the project is to be located and disclose that
information to the Secretary; and
``(ii) indicate to the Secretary whether the
State plans to implement 1 or more components of
the risk mitigation plan under section 322 of the
Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5165) with respect to
the area.
``(B) Eligibilities.--A State shall use funds
apportioned to the State under section 104(b)(8) for--
``(i) a highway project eligible for
assistance under this title;
``(ii) a public transportation facility or
service eligible for assistance under chapter 53
of title 49; or
``(iii) a port facility, including a facility
that--
``(I) connects a port to other modes
of transportation;
``(II) improves the efficiency of
evacuations and disaster relief; or
``(III) aids transportation.
``(C) System resilience.--A project carried out by a
State with funds apportioned to the State under section
104(b)(8) may include the use of natural infrastructure
or the construction or modification of storm surge,
flood protection, or aquatic ecosystem restoration
elements that are functionally connected to a
transportation improvement, such as--
``(i) increasing marsh health and total area
adjacent to a highway right-of-way to promote
additional flood storage;
``(ii) upgrades to and installation of
culverts designed to withstand 100-year flood
events;
``(iii) upgrades to and installation of tide
gates to protect highways;
``(iv) upgrades to and installation of flood
gates to protect tunnel entrances; and
``(v) improving functionality and resiliency
of stormwater controls, including inventory
inspections, upgrades to, and preservation of best
management practices to protect surface
transportation infrastructure.
``(D) Federal cost share.--
``(i) In general.--Except as provided in
subsection (e)(1), the Federal share of the cost
of a project carried out using funds apportioned
to the State under section 104(b)(8) shall not
exceed 80 percent of the total project cost.
``(ii) Non-federal share.--A State may use
Federal funds other than Federal funds apportioned
to the State under section 104(b)(8) to meet the
non-
[[Page 135 STAT. 564]]
Federal cost share requirement for a project under
this subsection.
``(E) Eligible project costs.--
``(i) In general.--Except as provided in
clause (ii), eligible project costs for activities
carried out by a State with funds apportioned to
the State under section 104(b)(8) may include the
costs of--
``(I) development phase activities,
including planning, feasibility
analysis, revenue forecasting,
environmental review, preliminary
engineering and design work, and other
preconstruction activities; and
``(II) construction, reconstruction,
rehabilitation, and acquisition of real
property (including land related to the
project and improvements to land),
environmental mitigation, construction
contingencies, acquisition of equipment
directly related to improving system
performance, and operational
improvements.
``(ii) Eligible planning costs.--In the case
of a planning activity described in subsection
(d)(3) that is carried out by a State with funds
apportioned to the State under section 104(b)(8),
eligible costs may include development phase
activities, including planning, feasibility
analysis, revenue forecasting, environmental
review, preliminary engineering and design work,
other preconstruction activities, and other
activities consistent with carrying out the
purposes of subsection (d)(3).
``(F) Limitations.--A State--
``(i) may use not more than 40 percent of the
amounts apportioned to the State under section
104(b)(8) for the construction of new capacity;
and
``(ii) may use not more than 10 percent of the
amounts apportioned to the State under section
104(b)(8) for activities described in subparagraph
(E)(i)(I).
``(d) Competitive Awards.--
``(1) In general.--In addition to funds apportioned to
States under section 104(b)(8) to carry out activities under
subsection (c), the Secretary shall provide grants on a
competitive basis under this subsection to eligible entities
described in paragraph (2).
``(2) Eligible entities.--Except as provided in paragraph
(4)(C), the Secretary may make a grant under this subsection to
any of the following:
``(A) A State or political subdivision of a State.
``(B) A metropolitan planning organization.
``(C) A unit of local government.
``(D) A special purpose district or public authority
with a transportation function, including a port
authority.
``(E) An Indian tribe (as defined in section
207(m)(1)).
``(F) A Federal land management agency that applies
jointly with a State or group of States.
``(G) A multi-State or multijurisdictional group of
entities described in subparagraphs (A) through (F).
[[Page 135 STAT. 565]]
``(3) Planning grants.--Using funds made available under
this subsection, the Secretary shall provide planning grants to
eligible entities for the purpose of--
``(A) in the case of a State or metropolitan
planning organization, developing a resilience
improvement plan under subsection (e)(2);
``(B) resilience planning, predesign, design, or the
development of data tools to simulate transportation
disruption scenarios, including vulnerability
assessments;
``(C) technical capacity building by the eligible
entity to facilitate the ability of the eligible entity
to assess the vulnerabilities of the surface
transportation assets and community response strategies
of the eligible entity under current conditions and a
range of potential future conditions; or
``(D) evacuation planning and preparation.
``(4) Resilience grants.--
``(A) Resilience improvement grants.--
``(i) In general.--Using funds made available
under this subsection, the Secretary shall provide
resilience improvement grants to eligible entities
to carry out 1 or more eligible activities under
clause (ii).
``(ii) Eligible activities.--
``(I) In general.--An eligible
entity may use a resilience improvement
grant under this subparagraph for 1 or
more construction activities to improve
the ability of an existing surface
transportation asset to withstand 1 or
more elements of a weather event or
natural disaster, or to increase the
resilience of surface transportation
infrastructure from the impacts of
changing conditions, such as sea level
rise, flooding, wildfires, extreme
weather events, and other natural
disasters.
``(II) Inclusions.--An activity
eligible to be carried out under this
subparagraph includes--
``(aa) resurfacing,
restoration, rehabilitation,
reconstruction, replacement,
improvement, or realignment of
an existing surface
transportation facility eligible
for assistance under this title;
``(bb) the incorporation of
natural infrastructure;
``(cc) the upgrade of an
existing surface transportation
facility to meet or exceed a
design standard adopted by the
Federal Highway Administration;
``(dd) the installation of
mitigation measures that prevent
the intrusion of floodwaters
into surface transportation
systems;
``(ee) strengthening systems
that remove rainwater from
surface transportation
facilities;
``(ff) upgrades to and
installation of structural
stormwater controls;
[[Page 135 STAT. 566]]
``(gg) a resilience project
that addresses identified
vulnerabilities described in the
resilience improvement plan of
the eligible entity, if
applicable;
``(hh) relocating roadways
in a base floodplain to higher
ground above projected flood
elevation levels, or away from
slide prone areas;
``(ii) stabilizing slide
areas or slopes;
``(jj) installing riprap;
``(kk) lengthening or
raising bridges to increase
waterway openings, including to
respond to extreme weather;
``(ll) increasing the size
or number of drainage
structures;
``(mm) installing seismic
retrofits on bridges;
``(nn) adding scour
protection at bridges;
``(oo) adding scour, stream
stability, coastal, and other
hydraulic countermeasures,
including spur dikes;
``(pp) vegetation management
practices in transportation
rights-of-way to improve roadway
safety, prevent against invasive
species, facilitate wildfire
control, and provide erosion
control; and
``(qq) any other protective
features, including natural
infrastructure, as determined by
the Secretary.
``(iii) Priority.--The Secretary shall
prioritize a resilience improvement grant to an
eligible entity if--
``(I) <<NOTE: Determination.>> the
Secretary determines--
``(aa) the benefits of the
eligible activity proposed to be
carried out by the eligible
entity exceed the costs of the
activity; and
``(bb) there is a need to
address the vulnerabilities of
surface transportation assets of
the eligible entity with a high
risk of, and impacts associated
with, failure due to the impacts
of weather events, natural
disasters, or changing
conditions, such as sea level
rise, wildfires, and increased
flood risk; or
``(II) the eligible activity
proposed to be carried out by the
eligible entity is included in the
applicable resilience improvement plan
under subsection (e)(2).
``(B) Community resilience and evacuation route
grants.--
``(i) In general.--Using funds made available
under this subsection, the Secretary shall provide
community resilience and evacuation route grants
to eligible entities to carry out 1 or more
eligible activities under clause (ii).
``(ii) Eligible activities.--An eligible
entity may use a community resilience and
evacuation route grant under this subparagraph for
1 or more projects that strengthen and protect
evacuation routes that are
[[Page 135 STAT. 567]]
essential for providing and supporting evacuations
caused by emergency events, including a project
that--
``(I) is an eligible activity under
subparagraph (A)(ii), if that eligible
activity will improve an evacuation
route;
``(II) ensures the ability of the
evacuation route to provide safe passage
during an evacuation and reduces the
risk of damage to evacuation routes as a
result of future emergency events,
including restoring or replacing
existing evacuation routes that are in
poor condition or not designed to meet
the anticipated demand during an
emergency event, and including steps to
protect routes from mud, rock, or other
debris slides;
``(III) <<NOTE: Notification.>> if
the eligible entity notifies the
Secretary that existing evacuation
routes are not sufficient to adequately
facilitate evacuations, including the
transportation of emergency responders
and recovery resources, expands the
capacity of evacuation routes to swiftly
and safely accommodate evacuations,
including installation of--
``(aa) communications and
intelligent transportation
system equipment and
infrastructure;
``(bb) counterflow measures;
or
``(cc) shoulders;
``(IV) <<NOTE: Notification.>> is
for the construction of new or redundant
evacuation routes, if the eligible
entity notifies the Secretary that
existing evacuation routes are not
sufficient to adequately facilitate
evacuations, including the
transportation of emergency responders
and recovery resources;
``(V) is for the acquisition of
evacuation route or traffic incident
management equipment or signage; or
``(VI) will ensure access or service
to critical destinations, including
hospitals and other medical or emergency
service facilities, major employers,
critical manufacturing centers, ports
and intermodal facilities, utilities,
and Federal facilities.
``(iii) <<NOTE: Determination.>> Priority.--
The Secretary shall prioritize community
resilience and evacuation route grants under this
subparagraph for eligible activities that are
cost-effective, as determined by the Secretary,
taking into account--
``(I) current and future
vulnerabilities to an evacuation route
due to future occurrence or recurrence
of emergency events that are likely to
occur in the geographic area in which
the evacuation route is located; and
``(II) projected changes in
development patterns, demographics, and
extreme weather events based on the best
available evidence and analysis.
``(iv) Consultation.--In providing grants for
community resilience and evacuation routes under
this subparagraph, the Secretary may consult with
the
[[Page 135 STAT. 568]]
Administrator of the Federal Emergency Management
Agency, who may provide technical assistance to
the Secretary and to eligible entities.
``(C) At-risk coastal infrastructure grants.--
``(i) Definition of eligible entity.--In this
subparagraph, the term `eligible entity' means any
of the following:
``(I) <<NOTE: Territories.>> A
State (including the United States
Virgin Islands, Guam, American Samoa,
and the Commonwealth of the Northern
Mariana Islands) in, or bordering on,
the Atlantic, Pacific, or Arctic Ocean,
the Gulf of Mexico, Long Island Sound,
or 1 or more of the Great Lakes.
``(II) A political subdivision of a
State described in subclause (I).
``(III) A metropolitan planning
organization in a State described in
subclause (I).
``(IV) A unit of local government in
a State described in subclause (I).
``(V) A special purpose district or
public authority with a transportation
function, including a port authority, in
a State described in subclause (I).
``(VI) An Indian tribe in a State
described in subclause (I).
``(VII) A Federal land management
agency that applies jointly with a State
or group of States described in
subclause (I).
``(VIII) A multi-State or
multijurisdictional group of entities
described in subclauses (I) through
(VII).
``(ii) Grants.--Using funds made available
under this subsection, the Secretary shall provide
at-risk coastal infrastructure grants to eligible
entities to carry out 1 or more eligible
activities under clause (iii).
``(iii) Eligible activities.--An eligible
entity may use an at-risk coastal infrastructure
grant under this subparagraph for strengthening,
stabilizing, hardening, elevating, relocating, or
otherwise enhancing the resilience of highway and
non-rail infrastructure, including bridges, roads,
pedestrian walkways, and bicycle lanes, and
associated infrastructure, such as culverts and
tide gates to protect highways, that are subject
to, or face increased long-term future risks of, a
weather event, a natural disaster, or changing
conditions, including coastal flooding, coastal
erosion, wave action, storm surge, or sea level
rise, in order to improve transportation and
public safety and to reduce costs by avoiding
larger future maintenance or rebuilding costs.
``(iv) Criteria.--The Secretary shall provide
at-risk coastal infrastructure grants under this
subparagraph for a project--
``(I) that addresses the risks from
a current or future weather event or
natural disaster, including coastal
flooding, coastal erosion, wave action,
storm surge, or sea level change; and
[[Page 135 STAT. 569]]
``(II) that reduces long-term
infrastructure costs by avoiding larger
future maintenance or rebuilding costs.
``(v) <<NOTE: Evaluation.>> Coastal
benefits.--In addition to the criteria under
clause (iv), for the purpose of providing at-risk
coastal infrastructure grants under this
subparagraph, the Secretary shall evaluate the
extent to which a project will provide--
``(I) access to coastal homes,
businesses, communities, and other
critical infrastructure, including
access by first responders and other
emergency personnel; or
``(II) access to a designated
evacuation route.
``(5) Grant requirements.--
``(A) Solicitations for grants.--In providing grants
under this subsection, the Secretary shall conduct a
transparent and competitive national solicitation
process to select eligible projects to receive grants
under paragraph (3) and subparagraphs (A), (B), and (C)
of paragraph (4).
``(B) Applications.--
``(i) <<NOTE: Determination.>> In general.--
To be eligible to receive a grant under paragraph
(3) or subparagraph (A), (B), or (C) of paragraph
(4), an eligible entity shall submit to the
Secretary an application in such form, at such
time, and containing such information as the
Secretary determines to be necessary.
``(ii) Projects in certain areas.--If a
project is proposed to be carried out by the
eligible entity, in whole or in part, within a
base floodplain, the eligible entity shall--
``(I) <<NOTE: Disclosure.>> as part
of the application, identify the
floodplain in which the project is to be
located and disclose that information to
the Secretary; and
``(II) indicate in the application
whether, if selected, the eligible
entity will implement 1 or more
components of the risk mitigation plan
under section 322 of the Robert T.
Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5165) with
respect to the area.
``(C) Eligibilities.--The Secretary may make a grant
under paragraph (3) or subparagraph (A), (B), or (C) of
paragraph (4) only for--
``(i) a highway project eligible for
assistance under this title;
``(ii) a public transportation facility or
service eligible for assistance under chapter 53
of title 49;
``(iii) a facility or service for intercity
rail passenger transportation (as defined in
section 24102 of title 49); or
``(iv) a port facility, including a facility
that--
``(I) connects a port to other modes
of transportation;
``(II) improves the efficiency of
evacuations and disaster relief; or
``(III) aids transportation.
``(D) <<NOTE: Determination.>> System resilience.--
A project for which a grant is provided under paragraph
(3) or subparagraph (A), (B),
[[Page 135 STAT. 570]]
or (C) of paragraph (4) may include the use of natural
infrastructure or the construction or modification of
storm surge, flood protection, or aquatic ecosystem
restoration elements that the Secretary determines are
functionally connected to a transportation improvement,
such as--
``(i) increasing marsh health and total area
adjacent to a highway right-of-way to promote
additional flood storage;
``(ii) upgrades to and installing of culverts
designed to withstand 100-year flood events;
``(iii) upgrades to and installation of tide
gates to protect highways; and
``(iv) upgrades to and installation of flood
gates to protect tunnel entrances.
``(E) Federal cost share.--
``(i) Planning grant.--The Federal share of
the cost of a planning activity carried out using
a planning grant under paragraph (3) shall be 100
percent.
``(ii) Resilience grants.--
``(I) In general.--Except as
provided in subclause (II) and
subsection (e)(1), the Federal share of
the cost of a project carried out using
a grant under subparagraph (A), (B), or
(C) of paragraph (4) shall not exceed 80
percent of the total project cost.
``(II) <<NOTE: Determination.>>
Tribal projects.--On the determination
of the Secretary, the Federal share of
the cost of a project carried out using
a grant under subparagraph (A), (B), or
(C) of paragraph (4) by an Indian tribe
(as defined in section 207(m)(1)) may be
up to 100 percent.
``(iii) Non-federal share.--The eligible
entity may use Federal funds other than Federal
funds provided under this subsection to meet the
non-Federal cost share requirement for a project
carried out with a grant under this subsection.
``(F) Eligible project costs.--
``(i) Resilience grant projects.--Eligible
project costs for activities funded with a grant
under subparagraph (A), (B), or (C) of paragraph
(4) may include the costs of--
``(I) development phase activities,
including planning, feasibility
analysis, revenue forecasting,
environmental review, preliminary
engineering and design work, and other
preconstruction activities; and
``(II) construction, reconstruction,
rehabilitation, and acquisition of real
property (including land related to the
project and improvements to land),
environmental mitigation, construction
contingencies, acquisition of equipment
directly related to improving system
performance, and operational
improvements.
``(ii) Planning grants.--Eligible project
costs for activities funded with a grant under
paragraph (3) may include the costs of development
phase activities,
[[Page 135 STAT. 571]]
including planning, feasibility analysis, revenue
forecasting, environmental review, preliminary
engineering and design work, other preconstruction
activities, and other activities consistent with
carrying out the purposes of that paragraph.
``(G) Limitations.--
``(i) In general.--An eligible entity that
receives a grant under subparagraph (A), (B), or
(C) of paragraph (4)--
``(I) may use not more than 40
percent of the amount of the grant for
the construction of new capacity; and
``(II) may use not more than 10
percent of the amount of the grant for
activities described in subparagraph
(F)(i)(I).
``(ii) Limit on certain activities.--For each
fiscal year, not more than 25 percent of the total
amount provided under this subsection may be used
for projects described in subparagraph (C)(iii).
``(H) <<NOTE: Determinations.>> Distribution of
grants.--
``(i) In general.--Subject to the availability
of funds, an eligible entity may request and the
Secretary may distribute funds for a grant under
this subsection on a multiyear basis, as the
Secretary determines to be necessary.
``(ii) Rural set-aside.--Of the amounts made
available to carry out this subsection for each
fiscal year, the Secretary shall use not less than
25 percent for grants for projects located in
areas that are outside an urbanized area with a
population of over 200,000.
``(iii) Tribal set-aside.--Of the amounts made
available to carry out this subsection for each
fiscal year, the Secretary shall use not less than
2 percent for grants to Indian tribes (as defined
in section 207(m)(1)).
``(iv) Reallocation.--For any fiscal year, if
the Secretary determines that the amount described
in clause (ii) or (iii) will not be fully utilized
for the grant described in that clause, the
Secretary may reallocate the unutilized funds to
provide grants to other eligible entities under
this subsection.
``(6) Consultation.--In carrying out this subsection, the
Secretary shall--
``(A) consult with the Assistant Secretary of the
Army for Civil Works, the Administrator of the
Environmental Protection Agency, the Secretary of the
Interior, and the Secretary of Commerce; and
``(B) solicit technical support from the
Administrator of the Federal Emergency Management
Agency.
``(7) Grant administration.--The Secretary may--
``(A) retain not more than a total of 5 percent of
the funds made available to carry out this subsection
and to review applications for grants under this
subsection; and
``(B) <<NOTE: Transfer authority.>> transfer
portions of the funds retained under subparagraph (A) to
the relevant Administrators to fund the award and
oversight of grants provided under this subsection.
[[Page 135 STAT. 572]]
``(e) Resilience Improvement Plan and Lower Non-Federal Share.--
``(1) Federal share reductions.--
``(A) In general.--A State that receives funds
apportioned to the State under section 104(b)(8) or an
eligible entity that receives a grant under subsection
(d) shall have the non-Federal share of a project
carried out with the funds or grant, as applicable,
reduced by an amount described in subparagraph (B) if
the State or eligible entity meets the applicable
requirements under that subparagraph.
``(B) Amount of reductions.--
``(i) Resilience improvement plan.--Subject to
clause (iii), the amount of the non-Federal share
of the costs of a project carried out with funds
apportioned to a State under section 104(b)(8) or
a grant under subsection (d) shall be reduced by 7
percentage points if--
``(I) in the case of a State or an
eligible entity that is a State or a
metropolitan planning organization, the
State or eligible entity has--
``(aa) developed a
resilience improvement plan in
accordance with this subsection;
and
``(bb) prioritized the
project on that resilience
improvement plan; and
``(II) in the case of an eligible
entity not described in subclause (I),
the eligible entity is located in a
State or an area served by a
metropolitan planning organization that
has--
``(aa) developed a
resilience improvement plan in
accordance with this subsection;
and
``(bb) prioritized the
project on that resilience
improvement plan.
``(ii) Incorporation of resilience improvement
plan in other planning.--Subject to clause (iii),
the amount of the non-Federal share of the cost of
a project carried out with funds under subsection
(c) or a grant under subsection (d) shall be
reduced by 3 percentage points if--
``(I) in the case of a State or an
eligible entity that is a State or a
metropolitan planning organization, the
resilience improvement plan developed in
accordance with this subsection has been
incorporated into the metropolitan
transportation plan under section 134 or
the long-range statewide transportation
plan under section 135, as applicable;
and
``(II) in the case of an eligible
entity not described in subclause (I),
the eligible entity is located in a
State or an area served by a
metropolitan planning organization that
incorporated a resilience improvement
plan into the metropolitan
transportation plan under section 134 or
the long-range statewide transportation
plan under section 135, as applicable.
``(iii) Limitations.--
[[Page 135 STAT. 573]]
``(I) Maximum reduction.--A State or
eligible entity may not receive a
reduction under this paragraph of more
than 10 percentage points for any single
project carried out with funds under
subsection (c) or a grant under
subsection (d).
``(II) No negative non-federal
share.--A reduction under this paragraph
shall not reduce the non-Federal share
of the costs of a project carried out
with funds under subsection (c) or a
grant under subsection (d) to an amount
that is less than zero.
``(2) Plan contents.--A resilience improvement plan referred
to in paragraph (1)--
``(A) shall be for the immediate and long-range
planning activities and investments of the State or
metropolitan planning organization with respect to
resilience of the surface transportation system within
the boundaries of the State or metropolitan planning
organization, as applicable;
``(B) shall demonstrate a systemic approach to
surface transportation system resilience and be
consistent with and complementary of the State and local
mitigation plans required under section 322 of the
Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5165);
``(C) <<NOTE: Assessment.>> shall include a risk-
based assessment of vulnerabilities of transportation
assets and systems to current and future weather events
and natural disasters, such as severe storms, flooding,
drought, levee and dam failures, wildfire, rockslides,
mudslides, sea level rise, extreme weather, including
extreme temperatures, and earthquakes;
``(D) may--
``(i) designate evacuation routes and
strategies, including multimodal facilities,
designated with consideration for individuals
without access to personal vehicles;
``(ii) plan for response to anticipated
emergencies, including plans for the mobility of--
``(I) emergency response personnel
and equipment; and
``(II) access to emergency services,
including for vulnerable or
disadvantaged populations;
``(iii) describe the resilience improvement
policies, including strategies, land-use and
zoning changes, investments in natural
infrastructure, or performance measures that will
inform the transportation investment decisions of
the State or metropolitan planning organization
with the goal of increasing resilience;
``(iv) include an investment plan that--
``(I) <<NOTE: List.>> includes a
list of priority projects; and
``(II) describes how funds
apportioned to the State under section
104(b)(8) or provided by a grant under
the program would be invested and
matched, which shall not be subject to
fiscal constraint requirements; and
``(v) use science and data and indicate the
source of data and methodologies; and
[[Page 135 STAT. 574]]
``(E) shall, as appropriate--
``(i) include a description of how the plan
will improve the ability of the State or
metropolitan planning organization--
``(I) to respond promptly to the
impacts of weather events and natural
disasters; and
``(II) to be prepared for changing
conditions, such as sea level rise and
increased flood risk;
``(ii) describe the codes, standards, and
regulatory framework, if any, adopted and enforced
to ensure resilience improvements within the
impacted area of proposed projects included in the
resilience improvement plan;
``(iii) consider the benefits of combining
hard surface transportation assets, and natural
infrastructure, through coordinated efforts by the
Federal Government and the States;
``(iv) <<NOTE: Assessment.>> assess the
resilience of other community assets, including
buildings and housing, emergency management
assets, and energy, water, and communication
infrastructure;
``(v) use a long-term planning period; and
``(vi) include such other information as the
State or metropolitan planning organization
considers appropriate.
``(3) No new planning requirements.--Nothing in this section
requires a metropolitan planning organization or a State to
develop a resilience improvement plan or to include a resilience
improvement plan under the metropolitan transportation plan
under section 134 or the long-range statewide transportation
plan under section 135, as applicable, of the metropolitan
planning organization or State.
``(f) Monitoring.--
``(1) <<NOTE: Deadline.>> In general.--Not later than 18
months after the date of enactment of this section, the
Secretary shall--
``(A) establish, for the purpose of evaluating the
effectiveness and impacts of projects carried out with a
grant under subsection (d)--
``(i) <<NOTE: Determination.>> subject to
paragraph (2), transportation and any other
metrics as the Secretary determines to be
necessary; and
``(ii) <<NOTE: Procedures.>> procedures for
monitoring and evaluating projects based on those
metrics; and
``(B) select a representative sample of projects to
evaluate based on the metrics and procedures established
under subparagraph (A).
``(2) Notice.--Before adopting any metrics described in
paragraph (1), the Secretary shall--
``(A) <<NOTE: Federal Register, publication.>>
publish the proposed metrics in the Federal Register;
and
``(B) <<NOTE: Public comment.>> provide to the
public an opportunity for comment on the proposed
metrics.
``(g) Reports.--
``(1) Reports from eligible entities.--Not later than 1 year
after the date on which a project carried out with a grant under
subsection (d) is completed, the eligible entity that carried
out the project shall submit to the Secretary a
[[Page 135 STAT. 575]]
report on the results of the project and the use of the funds
awarded.
``(2) Reports to congress.--
``(A) <<NOTE: Web posting.>> Annual reports.--The
Secretary shall submit to the Committee on Environment
and Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives, and publish on the website of the
Department of Transportation, an annual report that
describes the implementation of the program during the
preceding calendar year, including--
``(i) each project for which a grant was
provided under subsection (d);
``(ii) information relating to project
applications received;
``(iii) the manner in which the consultation
requirements were implemented under subsection
(d);
``(iv) <<NOTE: Recommenda- tions.>>
recommendations to improve the administration of
subsection (d), including whether assistance from
additional or fewer agencies to carry out the
program is appropriate;
``(v) the period required to disburse grant
funds to eligible entities based on applicable
Federal coordination requirements; and
``(vi) <<NOTE: List.>> a list of facilities
that repeatedly require repair or reconstruction
due to emergency events.
``(B) Final report.--Not later than 5 years after
the date of enactment of the Surface Transportation
Reauthorization Act of 2021, the Secretary shall submit
to Congress a report that includes the results of the
reports submitted under subparagraph (A).
``(h) Treatment of Projects.--Notwithstanding any other provision of
law, a project assisted under this section shall be treated as a project
on a Federal-aid highway under this chapter.''.
(b) Clerical Amendment.--The analysis for chapter 1 of title 23,
United States Code (as amended by section 11403(b)), <<NOTE: 23 USC 101
prec.>> is amended by inserting after the item relating to section 175
the following:
``176. Promoting Resilient Operations for Transformative, Efficient, and
Cost-saving Transportation (PROTECT) program.''.
SEC. 11406. <<NOTE: 23 USC 149 note.>> HEALTHY STREETS PROGRAM.
(a) Definitions.--In this section:
(1) Cool pavement.--The term ``cool pavement'' means a
pavement with reflective surfaces with higher albedo to decrease
the surface temperature of that pavement.
(2) Eligible entity.--The term ``eligible entity'' means--
(A) a State;
(B) a metropolitan planning organization;
(C) a unit of local government;
(D) a Tribal government; and
(E) a nonprofit organization working in coordination
with an entity described in subparagraphs (A) through
(D).
(3) Low-income community.--The term ``low-income community''
means a census block group in which not less than 30 percent of
the population lives below the poverty line
[[Page 135 STAT. 576]]
(as defined in section 673 of the Community Services Block Grant
Act (42 U.S.C. 9902)).
(4) Porous pavement.--The term ``porous pavement'' means a
paved surface with a higher than normal percentage of air voids
to allow water to pass through the surface and infiltrate into
the subsoil.
(5) Program.--The term ``program'' means the Healthy Streets
program established under subsection (b).
(6) State.--The term ``State'' has the meaning given the
term in section 101(a) of title 23, United States Code.
(7) Tribal government.--The term ``Tribal government'' means
the recognized governing body of any Indian or Alaska Native
tribe, band, nation, pueblo, village, community, component band,
or component reservation, individually identified (including
parenthetically) in the list published most recently as of the
date of enactment of this Act pursuant to section 104 of the
Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C.
5131).
(b) <<NOTE: Grants.>> Establishment.--The Secretary shall establish
a discretionary grant program, to be known as the ``Healthy Streets
program'', to provide grants to eligible entities--
(1) to deploy cool pavements and porous pavements; and
(2) to expand tree cover.
(c) Goals.--The goals of the program are--
(1) to mitigate urban heat islands;
(2) to improve air quality; and
(3) to reduce--
(A) the extent of impervious surfaces;
(B) stormwater runoff and flood risks; and
(C) heat impacts to infrastructure and road users.
(d) Application.--
(1) In general.--To be eligible to receive a grant under the
program, an eligible entity shall submit to the Secretary an
application at such time, in such manner, and containing such
information as the Secretary may require.
(2) Requirements.--The application submitted by an eligible
entity under paragraph (1) shall include a description of--
(A) how the eligible entity would use the grant
funds; and
(B) the contribution that the projects intended to
be carried out with grant funds would make to improving
the safety, health outcomes, natural environment, and
quality of life in low-income communities and
disadvantaged communities.
(e) Use of Funds.--An eligible entity that receives a grant under
the program may use the grant funds for 1 or more of the following
activities:
(1) <<NOTE: Assessment.>> Conducting an assessment of urban
heat islands to identify hot spot areas of extreme heat or
elevated air pollution.
(2) <<NOTE: Assessment.>> Conducting a comprehensive tree
canopy assessment, which shall assess the current tree locations
and canopy, including--
(A) <<NOTE: Inventory.>> an inventory of the
location, species, condition, and health of existing
tree canopies and trees on public facilities; and
(B) an identification of--
[[Page 135 STAT. 577]]
(i) the locations where trees need to be
replaced;
(ii) empty tree boxes or other locations where
trees could be added; and
(iii) flood-prone locations where trees or
other natural infrastructure could mitigate
flooding.
(3) <<NOTE: Assessment.>> Conducting an equity assessment
by mapping tree canopy gaps, flood-prone locations, and urban
heat island hot spots as compared to--
(A) pedestrian walkways and public transportation
stop locations;
(B) low-income communities; and
(C) disadvantaged communities.
(4) <<NOTE: Plan.>> Planning activities, including
developing an investment plan based on the results of the
assessments carried out under paragraphs (1), (2), and (3).
(5) Purchasing and deploying cool pavements to mitigate
urban heat island hot spots.
(6) Purchasing and deploying porous pavement to mitigate
flooding and stormwater runoff in--
(A) pedestrian-only areas; and
(B) areas of low-volume, low-speed vehicular use.
(7) Purchasing of trees, site preparation, planting of
trees, ongoing maintenance and monitoring of trees, and
repairing of storm damage to trees, with priority given to--
(A) to the extent practicable, the planting of
native species; and
(B) projects located in a neighborhood with lower
tree cover or higher maximum daytime summer temperatures
compared to surrounding neighborhoods.
(8) <<NOTE: Assessment.>> Assessing underground
infrastructure and coordinating with local transportation and
utility providers.
(9) Hiring staff to conduct any of the activities described
in paragraphs (1) through (8).
(f) Priority.--In awarding grants to eligible entities under the
program, the Secretary shall give priority to an eligible entity--
(1) proposing to carry out an activity or project in a low-
income community or a disadvantaged community;
(2) that has entered into a community benefits agreement
with representatives of the community; or
(3) that is partnering with a qualified youth or
conservation corps (as defined in section 203 of the Public
Lands Corps Act of 1993 (16 U.S.C. 1722)).
(g) Distribution Requirement.--Of the amounts made available to
carry out the program for each fiscal year, not less than 80 percent
shall be provided for projects in urbanized areas (as defined in section
101(a) of title 23, United States Code).
(h) Federal Share.--
(1) In general.--Except as provided under paragraph (2), the
Federal share of the cost of a project carried out under the
program shall be 80 percent.
(2) <<NOTE: Determination.>> Waiver.--The Secretary may
increase the Federal share requirement under paragraph (1) to
100 percent for projects carried out by an eligible entity that
demonstrates economic hardship, as determined by the Secretary.
(i) Maximum Grant Amount.--An individual grant under this section
shall not exceed $15,000,000.
[[Page 135 STAT. 578]]
(j) Treatment of Projects.--Notwithstanding any other provision of
law, a project assisted under this section shall be treated as a project
on a Federal-aid highway under chapter 1 of title 23, United States
Code.
Subtitle E--Miscellaneous
SEC. 11501. ADDITIONAL DEPOSITS INTO HIGHWAY TRUST FUND.
(a) <<NOTE: Repeal.>> In General.--Section 105 of title 23, United
States Code, is repealed.
(b) Clerical Amendment.--The analysis for chapter 1 of title 23,
United States Code, <<NOTE: 23 USC 101 prec.>> is amended by striking
the item relating to section 105.
SEC. 11502. <<NOTE: 23 USC 148 note.>> STOPPING THREATS ON
PEDESTRIANS.
(a) Definition of Bollard Installation Project.--In this section,
the term ``bollard installation project'' means a project to install
raised concrete or metal posts on a sidewalk adjacent to a roadway that
are designed to slow or stop a motor vehicle.
(b) <<NOTE: Deadline. Grants.>> Establishment.--Not later than 1
year after the date of enactment of this Act and subject to the
availability of appropriations, the Secretary shall establish and carry
out a competitive grant pilot program to provide assistance to State
departments of transportation and local government entities for bollard
installation projects designed to prevent pedestrian injuries and acts
of terrorism in areas used by large numbers of pedestrians.
(c) <<NOTE: Determination.>> Application.--To be eligible to
receive a grant under this section, a State department of transportation
or local government entity shall submit to the Secretary an application
at such time, in such form, and containing such information as the
Secretary determines to be appropriate, which shall include, at a
minimum--
(1) a description of the proposed bollard installation
project to be carried out;
(2) a description of the pedestrian injury or terrorism
risks with respect to the proposed installation area; and
(3) <<NOTE: Analysis.>> an analysis of how the proposed
bollard installation project will mitigate those risks.
(d) Use of Funds.--A recipient of a grant under this section may
only use the grant funds for a bollard installation project.
(e) Federal Share.--The Federal share of the costs of a bollard
installation project carried out with a grant under this section may be
up to 100 percent.
(f) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out this section $5,000,000 for
each of fiscal years 2022 through 2026.
(g) Treatment of Projects.--Notwithstanding any other provision of
law, a project assisted under this section shall be treated as a project
on a Federal-aid highway under chapter 1 of title 23, United States
Code.
SEC. 11503. <<NOTE: 23 USC 120 note.>> TRANSFER AND SALE OF TOLL
CREDITS.
(a) Definitions.--In this section:
(1) Originating state.--The term ``originating State'' means
a State that--
(A) is eligible to use a credit under section 120(i)
of title 23, United States Code; and
[[Page 135 STAT. 579]]
(B) has been selected by the Secretary under
subsection (d)(2).
(2) Pilot program.--The term ``pilot program'' means the
pilot program established under subsection (b).
(3) Recipient state.--The term ``recipient State'' means a
State that receives a credit by transfer or by sale under this
section from an originating State.
(4) State.--The term ``State'' has the meaning given the
term in section 101(a) of title 23, United States Code.
(b) Establishment of Pilot Program.--The Secretary shall establish
and implement a toll credit exchange pilot program in accordance with
this section.
(c) Purposes.--The purposes of the pilot program are--
(1) to identify the extent of the demand to purchase toll
credits;
(2) to identify the cash price of toll credits through
bilateral transactions between States;
(3) to analyze the impact of the purchase or sale of toll
credits on transportation expenditures;
(4) to test the feasibility of expanding the pilot program
to allow all States to participate on a permanent basis; and
(5) to identify any other repercussions of the toll credit
exchange.
(d) Selection of Originating States.--
(1) <<NOTE: Verification.>> Application.--In order to
participate in the pilot program as an originating State, a
State shall submit to the Secretary an application at such time,
in such manner, and containing such information as the Secretary
may require, including, at a minimum, such information as is
required for the Secretary to verify--
(A) the amount of unused toll credits for which the
State has submitted certification to the Secretary that
are available to be sold or transferred under the pilot
program, including--
(i) toll revenue generated and the sources of
that revenue;
(ii) toll revenue used by public, quasi-
public, and private agencies to build, improve, or
maintain highways, bridges, or tunnels that serve
the public purpose of interstate commerce; and
(iii) an accounting of any Federal funds used
by the public, quasi-public, or private agency to
build, improve, or maintain the toll facility, to
validate that the credit has been reduced by a
percentage equal to the percentage of the total
cost of building, improving, or maintaining the
facility that was derived from Federal funds;
(B) the documentation of maintenance of effort for
toll credits earned by the originating State; and
(C) the accuracy of the accounting system of the
State to earn and track toll credits.
(2) Selection.--Of the States that submit an application
under paragraph (1), the Secretary may select not more than 10
States to be designated as an originating State.
(3) Limitation on sales.--At any time, the Secretary may
limit the amount of unused toll credits that may be offered for
sale under the pilot program.
[[Page 135 STAT. 580]]
(e) Transfer or Sale of Credits.--
(1) In general.--In carrying out the pilot program, the
Secretary shall provide that an originating State may transfer
or sell to a recipient State a credit not previously used by the
originating State under section 120(i) of title 23, United
States Code.
(2) <<NOTE: Public information.>> Website support.--The
Secretary shall make available a publicly accessible website on
which originating States shall post the amount of toll credits,
verified under subsection (d)(1)(A), that are available for sale
or transfer to a recipient State.
(3) Bilateral transactions.--An originating State and a
recipient State may enter into a bilateral transaction to sell
or transfer verified toll credits.
(4) <<NOTE: Deadline.>> Notification.--Not later than 30
days after the date on which a credit is transferred or sold,
the originating State and the recipient State shall jointly
submit to the Secretary a written notification of the transfer
or sale, including details on--
(A) the amount of toll credits that have been sold
or transferred;
(B) the price paid or other value transferred in
exchange for the toll credits;
(C) the intended use by the recipient State of the
toll credits, if known;
(D) the intended use by the originating State of the
cash or other value transferred;
(E) an update on the toll credit balance of the
originating State and the recipient State; and
(F) any other information about the transaction that
the Secretary may require.
(5) Use of credits by transferee or purchaser.--A recipient
State may use a credit received under paragraph (1) toward the
non-Federal share requirement for any funds made available to
carry out title 23 or chapter 53 of title 49, United States
Code, in accordance with section 120(i) of title 23, United
States Code.
(6) Use of proceeds from sale of credits.--An originating
State shall use the proceeds from the sale of a credit under
paragraph (1) for the construction costs of any project in the
originating State that is eligible under title 23, United States
Code.
(f) Reporting Requirements.--
(1) Initial report.--Not later than 1 year after the date on
which the pilot program is established, the Secretary shall
submit to the Committee on Environment and Public Works of the
Senate and the Committee on Transportation and Infrastructure of
the House of Representatives a report on the progress of the
pilot program.
(2) Final report.--Not later than 3 years after the date on
which the pilot program is established, the Secretary shall--
(A) submit to the Committee on Environment and
Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report that--
(i) <<NOTE: Determination.>> determines
whether a toll credit marketplace is viable and
cost-effective;
[[Page 135 STAT. 581]]
(ii) describes the buying and selling
activities under the pilot program;
(iii) describes the average sale price of toll
credits;
(iv) <<NOTE: Determination.>> determines
whether the pilot program could be expanded to
more States or all States or to non-State
operators of toll facilities;
(v) provides updated information on the toll
credit balance accumulated by each State; and
(vi) describes the list of projects that were
assisted by the pilot program; and
(B) <<NOTE: Public information. Web posting.>> make
the report under subparagraph (A) publicly available on
the website of the Department.
(g) Termination.--
(1) <<NOTE: Determination.>> In general.--The Secretary may
terminate the pilot program or the participation of any State in
the pilot program if the Secretary determines that--
(A) the pilot program is not serving a public
benefit; or
(B) it is not cost effective to carry out the pilot
program.
(2) Procedures.--The termination of the pilot program or the
participation of a State in the pilot program shall be carried
out consistent with Federal requirements for project closeout,
adjustment, and continuing responsibilities.
SEC. 11504. STUDY OF IMPACTS ON ROADS FROM SELF-DRIVING VEHICLES.
(a) <<NOTE: Deadline.>> In General.--Not later than 60 days after
the date of enactment of this Act, the Secretary shall initiate a study
on the existing and future impacts of self-driving vehicles to
transportation infrastructure, mobility, the environment, and safety,
including impacts on--
(1) the Interstate System (as defined in section 101(a) of
title 23, United States Code);
(2) urban roads;
(3) rural roads;
(4) corridors with heavy traffic congestion;
(5) transportation systems optimization; and
(6) any other areas or issues relevant to operations of the
Federal Highway Administration that the Secretary determines to
be appropriate.
(b) <<NOTE: Recommenda- tions. Rural and urban areas.>> Contents of
Study.--The study under subsection (a) shall include specific
recommendations for both rural and urban communities regarding the
impacts of self-driving vehicles on existing transportation system
capacity.
(c) Considerations.--In carrying out the study under subsection (a),
the Secretary shall--
(1) <<NOTE: Recommenda- tions.>> consider the need for and
recommend any policy changes to be undertaken by the Federal
Highway Administration on the impacts of self-driving vehicles
as identified under paragraph (2); and
(2) for both rural and urban communities, include a
discussion of--
(A) the impacts that self-driving vehicles will have
on existing transportation infrastructure, such as
signage and markings, traffic lights, and highway
capacity and design;
(B) the impact on commercial and private traffic
flows;
[[Page 135 STAT. 582]]
(C) infrastructure improvement needs that may be
necessary for transportation infrastructure to
accommodate self-driving vehicles;
(D) the impact of self-driving vehicles on the
environment, congestion, and vehicle miles traveled; and
(E) the impact of self-driving vehicles on mobility.
(d) Coordination.--In carrying out the study under subsection (a),
the Secretary shall consider and incorporate relevant current and
ongoing research of the Department.
(e) Consultation.--In carrying out the study under subsection (a),
the Secretary shall convene and consult with a panel of national experts
in both rural and urban transportation, including--
(1) operators and users of the Interstate System (as defined
in section 101(a) of title 23, United States Code), including
private sector stakeholders;
(2) States and State departments of transportation;
(3) metropolitan planning organizations;
(4) the motor carrier industry;
(5) representatives of public transportation agencies or
organizations;
(6) highway safety and academic groups;
(7) nonprofit entities with experience in transportation
policy;
(8) National Laboratories (as defined in section 2 of the
Energy Policy Act of 2005 (42 U.S.C. 15801));
(9) environmental stakeholders; and
(10) self-driving vehicle producers, manufacturers, and
technology developers.
(f) Report.--Not later than 1 year after the date on which the study
under subsection (a) is initiated, the Secretary shall submit a report
on the results of the study to--
(1) the Committee on Environment and Public Works of the
Senate; and
(2) the Committee on Transportation and Infrastructure of
the House of Representatives.
SEC. 11505. DISASTER RELIEF MOBILIZATION STUDY.
(a) Definition of Local Community.--In this section, the term
``local community'' means--
(1) a unit of local government;
(2) a political subdivision of a State or local government;
(3) a metropolitan planning organization (as defined in
section 134(b) of title 23, United States Code);
(4) a rural planning organization; or
(5) a Tribal government.
(b) Study.--
(1) <<NOTE: Determination.>> In general.--The Secretary
shall carry out a study to determine the utility of
incorporating the use of bicycles into the disaster preparedness
and disaster response plans of local communities.
(2) Requirements.--The study carried out under paragraph (1)
shall include--
(A) <<NOTE: Assessment.>> a vulnerability
assessment of the infrastructure in local communities as
of the date of enactment of this Act that supports
active transportation, including bicycling, walking, and
personal mobility devices, with a particular focus on
areas in local communities that--
[[Page 135 STAT. 583]]
(i) have low levels of vehicle ownership; and
(ii) lack sufficient active transportation
infrastructure routes to public transportation;
(B) <<NOTE: Evaluation.>> an evaluation of whether
disaster preparedness and disaster response plans should
include the use of bicycles by first responders,
emergency workers, and community organization
representatives--
(i) during a mandatory or voluntary evacuation
ordered by a Federal, State, Tribal, or local
government entity--
(I) to notify residents of the need
to evacuate;
(II) to evacuate individuals and
goods; and
(III) to reach individuals who are
in need of first aid and medical
assistance; and
(ii) after a disaster or emergency declared by
a Federal, State, Tribal, or local government
entity--
(I) to participate in search and
rescue activities;
(II) to carry commodities to be used
for life-saving or life-sustaining
purposes, including--
(aa) water;
(bb) food;
(cc) first aid and other
medical supplies; and
(dd) power sources and
electric supplies, such as cell
phones, radios, lights, and
batteries;
(III) to reach individuals who are
in need of the commodities described in
subclause (II); and
(IV) to assist with other disaster
relief tasks, as appropriate; and
(C) <<NOTE: Review.>> a review of training programs
for first responders, emergency workers, and community
organization representatives relating to--
(i) competent bicycle skills, including the
use of cargo bicycles and electric bicycles, as
applicable;
(ii) basic bicycle maintenance;
(iii) compliance with relevant traffic safety
laws;
(iv) methods to use bicycles to carry out the
activities described in clauses (i) and (ii) of
subparagraph (2)(B); and
(v) exercises conducted for the purpose of--
(I) exercising the skills described
in clause (i); and
(II) maintaining bicycles and
related equipment.
(c) Report.--Not later than 2 years after the date of enactment of
this Act, the Secretary shall submit to the Committee on Environment and
Public Works of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives a report that--
(1) describes the results of the study carried out under
subsection (b); and
(2) <<NOTE: Recommenda- tions.>> provides recommendations,
if any, relating to--
(A) the methods by which to incorporate bicycles
into disaster preparedness and disaster response plans
of local communities; and
[[Page 135 STAT. 584]]
(B) improvements to training programs described in
subsection (b)(2)(C).
SEC. 11506. APPALACHIAN REGIONAL COMMISSION.
(a) Definitions.--Section 14102(a)(1) of title 40, United States
Code, is amended--
(1) in subparagraph (G)--
(A) by inserting ``Catawba,'' after ``Caldwell,'';
and
(B) by inserting ``Cleveland,'' after ``Clay,'';
(2) in subparagraph (J), by striking ``and Spartanburg'' and
inserting ``Spartanburg, and Union''; and
(3) in subparagraph (M), by inserting ``, of which the
counties of Brooke, Hancock, Marshall, and Ohio shall be
considered to be located in the North Central subregion'' after
``West Virginia''.
(b) Functions.--Section 14303(a) of title 40, United States Code, is
amended--
(1) in paragraph (9), by striking ``and'' at the end;
(2) in paragraph (10), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(11) support broadband access in the Appalachian
region.''.
(c) Congressional Notification.--
(1) In general.--Subchapter II of chapter 143 of subtitle IV
of title 40, United States Code, is amended by adding at the end
the following:
``Sec. 14323. <<NOTE: 40 USC 14323.>> Congressional notification
``(a) <<NOTE: Time period.>> In General.--In the case of a project
described in subsection (b), the Appalachian Regional Commission shall
provide to the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Environment and Public
Works of the Senate notice of the award of a grant or other financial
assistance not less than 3 full business days before awarding the grant
or other financial assistance.
``(b) Projects Described.--A project referred to in subsection (a)
is a project that the Appalachian Regional Commission has selected to
receive a grant or other financial assistance under this subtitle in an
amount not less than $50,000.''.
(2) Clerical amendment.--The analysis for subchapter II of
chapter 143 of subtitle IV of title 40, United States
Code, <<NOTE: 40 USC 14301 prec.>> is amended by adding at the
end the following:
``14323. Congressional notification.''.
(d) High-speed Broadband Deployment Initiative.--Section 14509 of
title 40, United States Code, is amended--
(1) by striking subsection (a) and inserting the following:
``(a) <<NOTE: Grants. Contracts.>> In General.--The Appalachian
Regional Commission may provide technical assistance, make grants, enter
into contracts, or otherwise provide amounts to individuals or entities
in the Appalachian region for projects and activities to increase
affordable access to broadband networks throughout the Appalachian
region.'';
(2) by redesignating subsections (b) through (d) as
subsections (c) through (e), respectively;
(3) by inserting after subsection (a) the following:
``(b) Eligible Projects and Activities.--A project or activity
eligible to be carried out under this section is a project or activity--
[[Page 135 STAT. 585]]
``(1) to conduct research, analysis, and training to
increase broadband adoption efforts in the Appalachian region;
or
``(2) for the construction and deployment of broadband
service-related infrastructure in the Appalachian region.'';
(4) in subsection (d) (as so redesignated), in the matter
preceding paragraph (1), by striking ``subsection (b)'' and
inserting ``subsection (c)''; and
(5) by adding at the end the following:
``(f) Request for Data.--Before making a grant for a project or
activity described in subsection (b)(2), the Appalachian Regional
Commission shall request from the Federal Communications Commission, the
National Telecommunications and Information Administration, the Economic
Development Administration, and the Department of Agriculture data on--
``(1) the level and extent of broadband service that exists
in the area proposed to be served by the broadband service-
related infrastructure; and
``(2) the level and extent of broadband service that will be
deployed in the area proposed to be served by the broadband
service-related infrastructure pursuant to another Federal
program.
``(g) Requirement.--For each fiscal year, not less than 65 percent
of the amounts made available to carry out this section shall be used
for grants for projects and activities described in subsection
(b)(2).''.
(e) Appalachian Regional Energy Hub Initiative.--
(1) In general.--Subchapter I of chapter 145 of subtitle IV
of title 40, United States Code, is amended by adding at the end
the following:
``Sec. 14511. <<NOTE: 40 USC 14511.>> Appalachian regional energy
hub initiative
``(a) <<NOTE: Grants. Contracts.>> In General.--The Appalachian
Regional Commission may provide technical assistance to, make grants to,
enter into contracts with, or otherwise provide amounts to individuals
or entities in the Appalachian region for projects and activities--
``(1) to conduct research and analysis regarding the
economic impact of an ethane storage hub in the Appalachian
region that supports a more-effective energy market performance
due to the scale of the project, such as a project with the
capacity to store and distribute more than 100,000 barrels per
day of hydrocarbon feedstock with a minimum gross heating value
of 1,700 Btu per standard cubic foot;
``(2) with the potential to significantly contribute to the
economic resilience of the area in which the project is located;
and
``(3) that will help establish a regional energy hub in the
Appalachian region for natural gas and natural gas liquids,
including hydrogen produced from the steam methane reforming of
natural gas feedstocks.
``(b) Limitation on Available Amounts.--Of the cost of any project
or activity eligible for a grant under this section--
``(1) except as provided in paragraphs (2) and (3), not more
than 50 percent may be provided from amounts made available to
carry out this section;
``(2) in the case of a project or activity to be carried out
in a county for which a distressed county designation is in
effect under section 14526, not more than 80 percent may
[[Page 135 STAT. 586]]
be provided from amounts made available to carry out this
section; and
``(3) in the case of a project or activity to be carried out
in a county for which an at-risk county designation is in effect
under section 14526, not more than 70 percent may be provided
from amounts made available to carry out this section.
``(c) Sources of Assistance.--Subject to subsection (b), a grant
provided under this section may be provided from amounts made available
to carry out this section, in combination with amounts made available--
``(1) under any other Federal program; or
``(2) from any other source.
``(d) Federal Share.--Notwithstanding any provision of law limiting
the Federal share under any other Federal program, amounts made
available to carry out this section may be used to increase that Federal
share, as the Appalachian Regional Commission determines to be
appropriate.''.
(2) Clerical amendment.--The analysis for subchapter I of
chapter 145 of title 40, United States Code, <<NOTE: 40 USC
14501 prec.>> is amended by adding at the end the following:
``14511. Appalachian regional energy hub initiative.''.
(f) Authorization of Appropriations.--Section 14703 of title 40,
United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (4), by striking ``and'' at the
end;
(B) in paragraph (5), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(6) $200,000,000 for each of fiscal years 2022 through
2026.'';
(2) in subsection (c), by striking ``$10,000,000 may be used
to carry out section 14509 for each of fiscal years 2016 through
2021'' and inserting ``$20,000,000 may be used to carry out
section 14509 for each of fiscal years 2022 through 2026'';
(3) by redesignating subsections (d) and (e) as subsections
(e) and (f), respectively; and
(4) by inserting after subsection (c) the following:
``(d) Appalachian Regional Energy Hub Initiative.--Of the amounts
made available under subsection (a), $5,000,000 shall be used to carry
out section 14511 for each of fiscal years 2022 through 2026.''.
(g) Termination.--Section 14704 of title 40, United States Code, is
amended by striking ``2021'' and inserting ``2026''.
SEC. 11507. DENALI COMMISSION.
(a) Denali Access System Program.--Notwithstanding subsection (j) of
section 309 of the Denali Commission Act of 1998 (42 U.S.C. 3121 note;
Public Law 105-277), there is authorized to be appropriated $20,000,000
for each of fiscal years 2022 through 2026 to carry out that section.
(b) Transfers of Funds.--Section 311(c) of the Denali Commission Act
of 1998 (42 U.S.C. 3121 note; Public Law 105-277) is amended--
(1) in paragraph (1), by striking ``and'' at the end;
(2) in paragraph (2), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
[[Page 135 STAT. 587]]
``(3) notwithstanding any other provision of law, shall--
``(A) be treated as if directly appropriated to the
Commission and subject to applicable provisions of this
Act; and
``(B) not be subject to any requirements that
applied to the funds before the transfer, including a
requirement in an appropriations Act or a requirement or
regulation of the Federal agency from which the funds
are transferred.''.
SEC. 11508. <<NOTE: 23 USC 106 note.>> REQUIREMENTS FOR
TRANSPORTATION PROJECTS CARRIED OUT
THROUGH PUBLIC-PRIVATE PARTNERSHIPS.
(a) Definitions.--In this section:
(1) Project.--The term ``project'' means a project (as
defined in section 101 of title 23, United States Code) that--
(A) is carried out, in whole or in part, using
Federal financial assistance; and
(B) has an estimated total cost of $100,000,000 or
more.
(2) Public-private partnership.--The term ``public-private
partnership'' means an agreement between a public agency and a
private entity to finance, build, and maintain or operate a
project.
(b) <<NOTE: Deadline.>> Requirements for Projects Carried Out
Through Public-private Partnerships.--With respect to a public-private
partnership, as a condition of receiving Federal financial assistance
for a project, the Secretary shall require the public partner, not later
than 3 years after the date of opening of the project to traffic--
(1) <<NOTE: Reviews. Compliance.>> to conduct a review of
the project, including a review of the compliance of the private
partner with the terms of the public-private partnership
agreement;
(2)(A) <<NOTE: Certification.>> to certify to the Secretary
that the private partner of the public-private partnership is
meeting the terms of the public-private partnership agreement
for the project; or
(B) <<NOTE: Notification.>> to notify the Secretary that
the private partner of the public-private partnership has not
met 1 or more of the terms of the public-private partnership
agreement for the project, including a brief description of each
violation of the public-private partnership agreement; and
(3) <<NOTE: Public information.>> to make publicly
available the certification or notification, as applicable,
under paragraph (2) in a form that does not disclose any
proprietary or confidential business information.
(c) <<NOTE: Deadline.>> Notification.--If the Secretary provides
Federal financial assistance to a project carried out through a public-
private partnership, not later than 30 days after the date on which the
Federal financial assistance is first obligated, the Secretary shall
submit to the Committee on Environment and Public Works of the Senate
and the Committee on Transportation and Infrastructure of the House of
Representatives a notification of the Federal financial assistance made
available for the project.
(d) Value for Money Analysis.--
(1) Project approval and oversight.--Section 106(h)(3) of
title 23, United States Code, is amended--
(A) in subparagraph (C), by striking ``and'' at the
end;
[[Page 135 STAT. 588]]
(B) by redesignating subparagraph (D) as
subparagraph (E); and
(C) by inserting after subparagraph (C) the
following:
``(D) <<NOTE: Analysis.>> for a project in which
the project sponsor intends to carry out the project
through a public-private partnership agreement, shall
include a detailed value for money analysis or similar
comparative analysis for the project; and''.
(2) Surface transportation block grant program.--Paragraph
(21) of section 133(b) of title 23, United States Code (as
redesignated by section 1109(a)(1)(C)), is amended by inserting
``, including conducting value for money analyses or similar
comparative analyses,'' after ``oversight''.
(3) TIFIA.--Section 602(a) of title 23, United States Code,
is amended by adding at the end the following:
``(11) Public-private partnerships.--In the case of a
project to be carried out through a public-private partnership,
the public partner shall have--
``(A) <<NOTE: Analysis.>> conducted a value for
money analysis or similar comparative analysis; and
``(B) <<NOTE: Determination.>> determined the
appropriateness of the public-private partnership
agreement.''.
(e) Applicability.--This section and the amendments made by this
section shall only apply to a public-private partnership agreement
entered into on or after the date of enactment of this Act.
SEC. 11509. <<NOTE: 23 USC 101 note.>> RECONNECTING COMMUNITIES
PILOT PROGRAM.
(a) Definition of Eligible Facility.--
(1) In general.--In this section, the term ``eligible
facility'' means a highway or other transportation facility that
creates a barrier to community connectivity, including barriers
to mobility, access, or economic development, due to high
speeds, grade separations, or other design factors.
(2) Inclusions.--In this section, the term ``eligible
facility'' may include--
(A) a limited access highway;
(B) a viaduct; and
(C) any other principal arterial facility.
(b) Establishment.--The Secretary shall establish a pilot program
through which an eligible entity may apply for funding, in order to
restore community connectivity--
(1) <<NOTE: Study.>> to study the feasibility and impacts
of removing, retrofitting, or mitigating an existing eligible
facility;
(2) to conduct planning activities necessary to design a
project to remove, retrofit, or mitigate an existing eligible
facility; and
(3) to conduct construction activities necessary to carry
out a project to remove, retrofit, or mitigate an existing
eligible facility.
(c) Planning Grants.--
(1) Eligible entities.--The Secretary may award a grant
(referred to in this section as a ``planning grant'') to carry
out planning activities described in paragraph (2) to--
(A) a State;
(B) a unit of local government;
(C) a Tribal government;
[[Page 135 STAT. 589]]
(D) a metropolitan planning organization; and
(E) a nonprofit organization.
(2) Eligible activities described.--The planning activities
referred to in paragraph (1) are--
(A) planning studies to evaluate the feasibility of
removing, retrofitting, or mitigating an existing
eligible facility to restore community connectivity,
including evaluations of--
(i) current traffic patterns on the eligible
facility proposed for removal, retrofit, or
mitigation and the surrounding street network;
(ii) the capacity of existing transportation
networks to maintain mobility needs;
(iii) an analysis of alternative roadway
designs or other uses for the right-of-way of the
eligible facility, including an analysis of
whether the available right-of-way would suffice
to create an alternative roadway design;
(iv) the effect of the removal, retrofit, or
mitigation of the eligible facility on the
mobility of freight and people;
(v) the effect of the removal, retrofit, or
mitigation of the eligible facility on the safety
of the traveling public;
(vi) the cost to remove, retrofit, or mitigate
the eligible facility--
(I) to restore community
connectivity; and
(II) to convert the eligible
facility to a different roadway design
or use, compared to any expected costs
for necessary maintenance or
reconstruction of the eligible facility;
(vii) the anticipated economic impact of
removing, retrofitting, or mitigating and
converting the eligible facility and any economic
development opportunities that would be created by
removing, retrofitting, or mitigating and
converting the eligible facility; and
(viii) the environmental impacts of retaining
or reconstructing the eligible facility and the
anticipated effect of the proposed alternative use
or roadway design;
(B) public engagement activities to provide
opportunities for public input into a plan to remove and
convert an eligible facility; and
(C) <<NOTE: Determination.>> other transportation
planning activities required in advance of a project to
remove, retrofit, or mitigate an existing eligible
facility to restore community connectivity, as
determined by the Secretary.
(3) Technical assistance program.--
(A) In general.--The Secretary may provide technical
assistance described in subparagraph (B) to an eligible
entity.
(B) Technical assistance described.--The technical
assistance referred to in subparagraph (A) is technical
assistance in building organizational or community
capacity--
(i) to engage in transportation planning; and
[[Page 135 STAT. 590]]
(ii) to identify innovative solutions to
infrastructure challenges, including reconnecting
communities that--
(I) are bifurcated by eligible
facilities; or
(II) lack safe, reliable, and
affordable transportation choices.
(C) Priorities.--In selecting recipients of
technical assistance under subparagraph (A), the
Secretary shall give priority to an application from a
community that is economically disadvantaged.
(4) Selection.--The Secretary shall--
(A) solicit applications for--
(i) planning grants; and
(ii) technical assistance under paragraph (3);
and
(B) <<NOTE: Evaluation.>> evaluate applications for
a planning grant on the basis of the demonstration by
the applicant that--
(i) <<NOTE: Time period.>> the eligible
facility is aged and is likely to need replacement
or significant reconstruction within the 20-year
period beginning on the date of the submission of
the application;
(ii) the eligible facility--
(I) creates barriers to mobility,
access, or economic development; or
(II) is not justified by current and
forecast future travel demand; and
(iii) on the basis of preliminary
investigations into the feasibility of removing,
retrofitting, or mitigating the eligible facility
to restore community connectivity, further
investigation is necessary and likely to be
productive.
(5) Award amounts.--A planning grant may not exceed
$2,000,000 per recipient.
(6) Federal share.--The total Federal share of the cost of a
planning activity for which a planning grant is used shall not
exceed 80 percent.
(d) Capital Construction Grants.--
(1) Eligible entities.--The Secretary may award a grant
(referred to in this section as a ``capital construction
grant'') to the owner of an eligible facility to carry out an
eligible project described in paragraph (3) for which all
necessary feasibility studies and other planning activities have
been completed.
(2) Partnerships.--An owner of an eligible facility may, for
the purposes of submitting an application for a capital
construction grant, if applicable, partner with--
(A) a State;
(B) a unit of local government;
(C) a Tribal government;
(D) a metropolitan planning organization; or
(E) a nonprofit organization.
(3) Eligible projects.--A project eligible to be carried out
with a capital construction grant includes--
(A) the removal, retrofit, or mitigation of an
eligible facility; and
(B) the replacement of an eligible facility with a
new facility that--
(i) restores community connectivity; and
(ii) is--
[[Page 135 STAT. 591]]
(I) sensitive to the context of the
surrounding community; and
(II) otherwise eligible for funding
under title 23, United States Code.
(4) Selection.--The Secretary shall--
(A) solicit applications for capital construction
grants; and
(B) <<NOTE: Evaluation.>> evaluate applications on
the basis of--
(i) the degree to which the project will
improve mobility and access through the removal of
barriers;
(ii) the appropriateness of removing,
retrofitting, or mitigating the eligible facility,
based on current traffic patterns and the ability
of the replacement facility and the regional
transportation network to absorb transportation
demand and provide safe mobility and access;
(iii) the impact of the project on freight
movement;
(iv) the results of a cost-benefit analysis of
the project;
(v) the opportunities for inclusive economic
development;
(vi) the degree to which the eligible facility
is out of context with the current or planned land
use;
(vii) the results of any feasibility study
completed for the project; and
(viii) the plan of the applicant for--
(I) employing residents in the area
impacted by the project through targeted
hiring programs, in partnership with
registered apprenticeship programs, if
applicable; and
(II) contracting and subcontracting
with disadvantaged business enterprises.
(5) Minimum award amounts.--A capital construction grant
shall be in an amount not less than $5,000,000 per recipient.
(6) Federal share.--
(A) In general.--Subject to subparagraph (B), a
capital construction grant may not exceed 50 percent of
the total cost of the project for which the grant is
awarded.
(B) Maximum federal involvement.--Federal assistance
other than a capital construction grant may be used to
satisfy the non-Federal share of the cost of a project
for which the grant is awarded, except that the total
Federal assistance provided for a project for which the
grant is awarded may not exceed 80 percent of the total
cost of the project.
(7) Community advisory board.--
(A) In general.--To help achieve inclusive economic
development benefits with respect to the project for
which a grant is awarded, a grant recipient may form a
community advisory board, which shall--
(i) facilitate community engagement with
respect to the project; and
(ii) track progress with respect to
commitments of the grant recipient to inclusive
employment, contracting, and economic development
under the project.
[[Page 135 STAT. 592]]
(B) Membership.--If a grant recipient forms a
community advisory board under subparagraph (A), the
community advisory board shall be composed of
representatives of--
(i) the community;
(ii) owners of businesses that serve the
community;
(iii) labor organizations that represent
workers that serve the community; and
(iv) State and local government.
(e) Reports.--
(1) <<NOTE: Evaluation.>> USDOT report on program.--Not
later than January 1, 2026, the Secretary shall submit to the
Committee on Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives a report that evaluates the program under this
section, including--
(A) information about the level of applicant
interest in planning grants, technical assistance under
subsection (c)(3), and capital construction grants,
including the extent to which overall demand exceeded
available funds; and
(B) for recipients of capital construction grants,
the outcomes and impacts of the highway removal project,
including--
(i) any changes in the overall level of
mobility, congestion, access, and safety in the
project area; and
(ii) environmental impacts and economic
development opportunities in the project area.
(2) GAO report on highway removals.--Not later than 2 years
after the date of enactment of this Act, the Comptroller General
of the United States shall issue a report that--
(A) identifies examples of projects to remove
highways using Federal highway funds;
(B) <<NOTE: Evaluation.>> evaluates the effect of
highway removal projects on the surrounding area,
including impacts to the local economy, congestion
effects, safety outcomes, and impacts on the movement of
freight and people;
(C) <<NOTE: Evaluation.>> evaluates the existing
Federal-aid program eligibility under title 23, United
States Code, for highway removal projects;
(D) <<NOTE: Analysis.>> analyzes the costs and
benefits of and barriers to removing underutilized
highways that are nearing the end of their useful life
compared to replacing or reconstructing the highway; and
(E) <<NOTE: Recommenda- tions.>> provides
recommendations for integrating those assessments into
transportation planning and decision-making processes.
(f) <<NOTE: Time period.>> Technical Assistance.--Of the funds made
available to carry out this section for planning grants, the Secretary
may use not more than $15,000,000 during the period of fiscal years 2022
through 2026 to provide technical assistance under subsection (c)(3).
(g) Treatment of Projects.--Notwithstanding any other provision of
law, a project assisted under this section shall be treated as a project
on a Federal-aid highway under chapter 1 of title 23, United States
Code.
SEC. 11510. <<NOTE: 23 USC 101 note.>> CYBERSECURITY TOOL; CYBER
COORDINATOR.
(a) Definitions.--In this section:
[[Page 135 STAT. 593]]
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Federal Highway Administration.
(2) Cyber incident.--The term ``cyber incident'' has the
meaning given the term ``incident'' in section 3552 of title 44,
United States Code.
(3) Transportation authority.--The term ``transportation
authority'' means--
(A) a public authority (as defined in section 101(a)
of title 23, United States Code);
(B) an owner or operator of a highway (as defined in
section 101(a) of title 23, United States Code);
(C) a manufacturer that manufactures a product
related to transportation; and
(D) a division office of the Federal Highway
Administration.
(b) Cybersecurity Tool.--
(1) <<NOTE: Deadline.>> In general.--Not later than 2 years
after the date of enactment of this Act, the Administrator shall
develop a tool to assist transportation authorities in
identifying, detecting, protecting against, responding to, and
recovering from cyber incidents.
(2) Requirements.--In developing the tool under paragraph
(1), the Administrator shall--
(A) use the cybersecurity framework established by
the National Institute of Standards and Technology and
required by Executive Order 13636 of February 12, 2013
(78 Fed. Reg. 11739; relating to improving critical
infrastructure cybersecurity);
(B) establish a structured cybersecurity assessment
and development program;
(C) coordinate with the Transportation Security
Administration and the Cybersecurity and Infrastructure
Security Agency;
(D) <<NOTE: Consultation.>> consult with
appropriate transportation authorities, operating
agencies, industry stakeholders, and cybersecurity
experts; and
(E) <<NOTE: Public comment. Review.>> provide for a
period of public comment and review on the tool.
(c) Designation of Cyber Coordinator.--
(1) <<NOTE: Deadline.>> In general.--Not later than 2 years
after the date of enactment of this Act, the Administrator shall
designate an office as a ``cyber coordinator'', which shall be
responsible for monitoring, alerting, and advising
transportation authorities of cyber incidents.
(2) Requirements.--The office designated under paragraph (1)
shall, in coordination with the Transportation Security
Administration and the Cybersecurity and Infrastructure Security
Agency--
(A) provide to transportation authorities a secure
method of notifying the Federal Highway Administration
of cyber incidents;
(B) share the information collected under
subparagraph (A) with the Transportation Security
Administration and the Cybersecurity and Infrastructure
Security Agency;
(C) monitor cyber incidents that affect
transportation authorities;
[[Page 135 STAT. 594]]
(D) alert transportation authorities to cyber
incidents that affect those transportation authorities;
(E) <<NOTE: Investigation.>> investigate
unaddressed cyber incidents that affect transportation
authorities; and
(F) provide to transportation authorities
educational resources, outreach, and awareness on
fundamental principles and best practices in
cybersecurity for transportation systems.
SEC. 11511. REPORT ON EMERGING ALTERNATIVE FUEL VEHICLES AND
INFRASTRUCTURE.
(a) Definitions.--In this section:
(1) Emerging alternative fuel vehicle.--The term ``emerging
alternative fuel vehicle'' means a vehicle fueled by hydrogen,
natural gas, or propane.
(2) Emerging alternative fueling infrastructure.--The term
``emerging alternative fueling infrastructure'' means
infrastructure for fueling an emerging alternative fuel vehicle.
(b) <<NOTE: Public information.>> Report.--Not later than 1 year
after the date of enactment of this Act, to help guide future
investments for emerging alternative fueling infrastructure, the
Secretary shall submit to Congress and make publicly available a report
that--
(1) <<NOTE: Evaluation. Time period. Effective date.>>
includes an evaluation of emerging alternative fuel vehicles and
projections for potential locations of emerging alternative fuel
vehicle owners during the 5-year period beginning on the date of
submission of the report;
(2) <<NOTE: Time period. Effective date.>> identifies areas
where emerging alternative fueling infrastructure will be needed
to meet the current and future needs of drivers during the 5-
year period beginning on the date of submission of the report;
(3) identifies specific areas, such as a lack of pipeline
infrastructure, that may impede deployment and adoption of
emerging alternative fuel vehicles;
(4) includes a map that identifies concentrations of
emerging alternative fuel vehicles to meet the needs of current
and future emerging alternative fueling infrastructure;
(5) <<NOTE: Estimates.>> estimates the future need for
emerging alternative fueling infrastructure to support the
adoption and use of emerging alternative fuel vehicles; and
(6) <<NOTE: Evaluation.>> includes a tool to allow States
to compare and evaluate different adoption and use scenarios for
emerging alternative fuel vehicles, with the ability to adjust
factors to account for regionally specific characteristics.
SEC. 11512. <<NOTE: Determinations. 23 USC 206 note.>> NONHIGHWAY
RECREATIONAL FUEL STUDY.
(a) Definitions.--In this section:
(1) Highway trust fund.--The term ``Highway Trust Fund''
means the Highway Trust Fund established by section 9503(a) of
the Internal Revenue Code of 1986.
(2) Nonhighway recreational fuel taxes.--The term
``nonhighway recreational fuel taxes'' means taxes under section
4041 and 4081 of the Internal Revenue Code of 1986 with respect
to fuel used in vehicles on recreational trails or back country
terrain (including vehicles registered for highway use when used
on recreational trails, trail access roads not eligible for
funding under title 23, United States Code, or back country
terrain).
[[Page 135 STAT. 595]]
(3) Recreational trails program.--The term ``recreational
trails program'' means the recreational trails program under
section 206 of title 23, United States Code.
(b) Assessment; Report.--
(1) <<NOTE: Deadline. Time period.>> Assessment.--Not later
than 1 year after the date of enactment of this Act and not less
frequently than once every 5 years thereafter, as determined by
the Secretary, the Secretary shall carry out an assessment of
the best available estimate of the total amount of nonhighway
recreational fuel taxes received by the Secretary of the
Treasury and transferred to the Highway Trust Fund for the
period covered by the assessment.
(2) Report.--After carrying out each assessment under
paragraph (1), the Secretary shall submit to the Committees on
Finance and Environment and Public Works of the Senate and the
Committees on Ways and Means and Transportation and
Infrastructure of the House of Representatives a report that
includes--
(A) to assist Congress in determining an appropriate
funding level for the recreational trails program--
(i) a description of the results of the
assessment; and
(ii) <<NOTE: Evaluation.>> an evaluation of
whether the current recreational trails program
funding level reflects the amount of nonhighway
recreational fuel taxes collected and transferred
to the Highway Trust Fund; and
(B) <<NOTE: Estimate. Time period.>> in the case of
the first report submitted under this paragraph, an
estimate of the frequency with which the Secretary
anticipates carrying out the assessment under paragraph
(1), subject to the condition that such an assessment
shall be carried out not less frequently than once every
5 years.
(c) Consultation.--In carrying out an assessment under subsection
(b)(1), the Secretary may consult with, as the Secretary determines to
be appropriate--
(1) the heads of--
(A) State agencies designated by Governors pursuant
to section 206(c)(1) of title 23, United States Code, to
administer the recreational trails program; and
(B) division offices of the Department;
(2) the Secretary of the Treasury;
(3) the Administrator of the Federal Highway Administration;
and
(4) groups representing recreational activities and
interests, including hiking, biking and mountain biking,
horseback riding, water trails, snowshoeing, cross-country
skiing, snowmobiling, off-highway motorcycling, all-terrain
vehicles and other offroad motorized vehicle activities, and
recreational trail advocates.
SEC. 11513. BUY AMERICA.
Section 313 of title 23, United States Code, is amended--
(1) by redesignating subsection (g) as subsection (h); and
(2) by inserting after subsection (f) the following:
``(g) Waivers.--
``(1) <<NOTE: Deadline.>> In general.--Not less than 15
days before issuing a waiver under this section, the Secretary
shall provide to the public--
[[Page 135 STAT. 596]]
``(A) <<NOTE: Notice.>> notice of the proposed
waiver;
``(B) <<NOTE: Public comment.>> an opportunity for
comment on the proposed waiver; and
``(C) the reasons for the proposed waiver.
``(2) Report.--Not less frequently than annually, the
Secretary shall submit to the Committee on Environment and
Public Works of the Senate and the Committee on Transportation
and Infrastructure of the House of Representatives a report on
the waivers provided under this section.''.
SEC. 11514. <<NOTE: State listing.>> HIGH PRIORITY CORRIDORS ON
THE NATIONAL HIGHWAY SYSTEM.
(a) High Priority Corridors.--Section 1105(c) of the Intermodal
Surface Transportation Efficiency Act of 1991 (Public Law 102-240; 105
Stat. 2032; 133 Stat. 3018) is amended--
(1) by striking paragraph (84) and inserting the following:
``(84) The Central Texas Corridor, including the route--
``(A) commencing in the vicinity of Texas Highway
338 in Odessa, Texas, running eastward generally
following Interstate Route 20, connecting to Texas
Highway 158 in the vicinity of Midland, Texas, then
following Texas Highway 158 eastward to United States
Route 87 and then following United States Route 87
southeastward, passing in the vicinity of San Angelo,
Texas, and connecting to United States Route 190 in the
vicinity of Brady, Texas;
``(B) commencing at the intersection of Interstate
Route 10 and United States Route 190 in Pecos County,
Texas, and following United States Route 190 to Brady,
Texas;
``(C) following portions of United States Route 190
eastward, passing in the vicinity of Fort Hood, Killeen,
Belton, Temple, Bryan, College Station, Huntsville,
Livingston, Woodville, and Jasper, to the logical
terminus of Texas Highway 63 at the Sabine River Bridge
at Burrs Crossing and including a loop generally
encircling Bryan/College Station, Texas;
``(D) following United States Route 83 southward
from the vicinity of Eden, Texas, to a logical
connection to Interstate Route 10 at Junction, Texas;
``(E) following United States Route 69 from
Interstate Route 10 in Beaumont, Texas, north to United
States Route 190 in the vicinity of Woodville, Texas;
``(F) following United States Route 96 from
Interstate Route 10 in Beaumont, Texas, north to United
States Route 190 in the vicinity of Jasper, Texas; and
``(G) following United States Route 190, State
Highway 305, and United States Route 385 from Interstate
Route 10 in Pecos County, Texas, to Interstate 20 at
Odessa, Texas.''; and
(2) by adding at the end the following:
``(92) United States Route 421 from the interchange with
Interstate Route 85 in Greensboro, North Carolina, to the
interchange with Interstate Route 95 in Dunn, North Carolina.
``(93) The South Mississippi Corridor from the Louisiana and
Mississippi border near Natchez, Mississippi, to Gulfport,
Mississippi, shall generally follow--
``(A) United States Route 84 from the Louisiana
border at the Mississippi River passing in the vicinity
of Natchez,
[[Page 135 STAT. 597]]
Brookhaven, Monticello, Prentiss, and Collins,
Mississippi, to the logical terminus with Interstate
Route 59 in the vicinity of Laurel, Mississippi, and
continuing on Interstate Route 59 south to the vicinity
of Hattiesburg, Mississippi; and
``(B) United States Route 49 from the vicinity of
Hattiesburg, Mississippi, south to Interstate Route 10
in the vicinity of Gulfport, Mississippi, following
Mississippi Route 601 south and terminating near the
Mississippi State Port at Gulfport.
``(94) The Kosciusko to Gulf Coast corridor commencing at
the logical terminus of Interstate Route 55 near Vaiden,
Mississippi, running south and passing east of the vicinity of
the Jackson Urbanized Area, connecting to United States Route 49
north of Hattiesburg, Mississippi, and generally following
United States Route 49 to a logical connection with Interstate
Route 10 in the vicinity of Gulfport, Mississippi.
``(95) The Interstate Route 22 spur from the vicinity of
Tupelo, Mississippi, running south generally along United States
Route 45 to the vicinity of Shannon, Mississippi.
``(96) The route that generally follows United States Route
412 from its intersection with Interstate Route 35 in Noble
County, Oklahoma, passing through Tulsa, Oklahoma, to its
intersection with Interstate Route 49 in Springdale, Arkansas.
``(97) The Louie B. Nunn Cumberland Expressway from the
interchange with Interstate Route 65 in Barren County, Kentucky,
east to the interchange with United States Highway 27 in
Somerset, Kentucky.
``(98) The route that generally follows State Route 7 from
Grenada, Mississippi, to Holly Springs, Mississippi, passing in
the vicinity of Coffeeville, Water Valley, Oxford, and
Abbeville, Mississippi, to its logical connection with
Interstate Route 22 in the vicinity of Holly Springs,
Mississippi.
``(99) The Central Louisiana Corridor commencing at the
logical terminus of Louisiana Highway 8 at the Sabine River
Bridge at Burrs Crossing and generally following portions of
Louisiana Highway 8 to Leesville, Louisiana, and then eastward
on Louisiana Highway 28, passing in the vicinity of Alexandria,
Pineville, Walters, and Archie, to the logical terminus of
United States Route 84 at the Mississippi River Bridge at
Vidalia, Louisiana.
``(100) The Central Mississippi Corridor, including the
route--
``(A) commencing at the logical terminus of United
States Route 84 at the Mississippi River and then
generally following portions of United States Route 84
passing in the vicinity of Natchez, Brookhaven,
Monticello, Prentiss, and Collins, to Interstate Route
59 in the vicinity of Laurel, Mississippi, and
continuing on Interstate Route 59 north to Interstate
Route 20 and on Interstate Route 20 to the Mississippi-
Alabama State border; and
``(B) commencing in the vicinity of Laurel,
Mississippi, running south on Interstate Route 59 to
United States Route 98 in the vicinity of Hattiesburg,
connecting to United States Route 49 south then
following United States Route 49 south to Interstate
Route 10 in the vicinity of
[[Page 135 STAT. 598]]
Gulfport and following Mississippi Route 601 southerly
terminating near the Mississippi State Port at Gulfport.
``(101) The Middle Alabama Corridor including the route--
``(A) beginning at the Alabama-Mississippi border
generally following portions of I-20 until following a
new interstate extension paralleling United States
Highway 80, specifically--
``(B) crossing Alabama Route 28 near Coatopa,
Alabama, traveling eastward crossing United States
Highway 43 and Alabama Route 69 near Selma, Alabama,
traveling eastwards closely paralleling United States
Highway 80 to the south crossing over Alabama Routes 22,
41, and 21, until its intersection with I-65 near Hope
Hull, Alabama;
``(C) continuing east along the proposed Montgomery
Outer Loop south of Montgomery, Alabama where it would
next join with I-85 east of Montgomery, Alabama;
``(D) continuing along I-85 east bound until its
intersection with United States Highway 280 near
Opelika, Alabama or United States Highway 80 near
Tuskegee, Alabama;
``(E) generally following the most expedient route
until intersecting with existing United States Highway
80 (JR Allen Parkway) through Phenix City until
continuing into Columbus, Georgia.
``(102) The Middle Georgia Corridor including the route--
``(A) beginning at the Alabama-Georgia Border
generally following the Fall Line Freeway from Columbus,
Georgia to Augusta, Georgia, specifically--
``(B) travelling along United States Route 80 (JR
Allen Parkway) through Columbus, Georgia and near Fort
Benning, Georgia, east to Talbot County, Georgia where
it would follow Georgia Route 96, then commencing on
Georgia Route 49C (Fort Valley Bypass) to Georgia Route
49 (Peach Parkway) to its intersection with Interstate
Route 75 in Byron, Georgia;
``(C) continuing north along Interstate Route 75
through Warner Robins and Macon, Georgia where it would
meet Interstate Route 16, then following Interstate
Route 16 east it would next join United States Route 80
and then onto State Route 57;
``(D) commencing with State Route 57 which turns
into State Route 24 near Milledgeville, Georgia would
then bypass Wrens, Georgia with a newly constructed
bypass, and after the bypass it would join United States
Route 1 near Fort Gordon into Augusta, Georgia where it
will terminate at Interstate Route 520.''.
(b) Designation as Future Interstates.--Section 1105(e)(5)(A) of the
Intermodal Surface Transportation Efficiency Act of 1991 (Public Law
102-240; 109 Stat. 597; 133 Stat. 3018) is amended in the first
sentence--
(1) by inserting ``subsection (c)(84),'' after ``subsection
(c)(83),''; and
(2) by striking ``and subsection (c)(91)'' and inserting
``subsection (c)(91), subsection (c)(92), subsection (c)(93)(A),
subsection (c)(94), subsection (c)(95), subsection (c)(96),
subsection
[[Page 135 STAT. 599]]
(c)(97), subsection (c)(99), subsection (c)(100), subsection
(c)(101), and subsection (c)(102)''.
(c) Numbering of Parkway.--Section 1105(e)(5)(C)(i) of the
Intermodal Surface Transportation Efficiency Act of 1991 (Public Law
102-240; 109 Stat. 598; 133 Stat. 3018) is amended--
(1) by striking the fifteenth sentence and inserting the
following: ``The route referred to in subsection (c)(84)(A) is
designated as Interstate Route I-14 North. The route referred to
in subsection (c)(84)(B) is designated as Interstate Route I-14
South. The Bryan/College Station, Texas loop referred to in
subsection (c)(84)(C) is designated as Interstate Route I-
214.''; and
(2) by adding at the end the following: ``The route referred
to in subsection (c)(97) is designated as Interstate Route I-
365. The routes referred to in subsections (c)(84)(C), (c)(99),
(c)(100), (c)(101), and (c)(102) are designated as Interstate
Route I-14. The routes referred to in subparagraphs (D), (E),
(F), and (G) of subsection (c)(84) and subparagraph (B) of
subsection (c)(100) shall each be given separate Interstate
route numbers.''.
(d) GAO Report on Designation of Segments as Part of Interstate
System.--
(1) Definition of applicable segment.--In this subsection,
the term ``applicable segment'' means the route described in
paragraph (92) of section 1105(c) of the Intermodal Surface
Transportation Efficiency Act of 1991 (Public Law 102-240; 105
Stat. 2032).
(2) Report.--
(A) <<NOTE: Time period.>> In general.--Not later
than 2 years after the date on which the applicable
segment is open for operations as part of the Interstate
System, the Comptroller General of the United States
shall submit to Congress a report on the impact, if any,
during that 2-year period of allowing the continuation
of weight limits that applied before the designation of
the applicable segment as a route on the Interstate
System.
(B) Requirements.--The report under subparagraph (A)
shall--
(i) be informed by the views and documentation
provided by the State highway agency (or
equivalent agency) in the State in which the
applicable segment is located;
(ii) describe any impacts on safety and
infrastructure on the applicable segment;
(iii) describe any view of the State highway
agency (or equivalent agency) in the State in
which the applicable segment is located on the
impact of the applicable segment; and
(iv) focus only on the applicable segment.
SEC. 11515. INTERSTATE WEIGHT LIMITS.
Section 127 of title 23, United States Code, is amended--
(1) in subsection (l)(3)(A)--
(A) in the matter preceding clause (i), in the first
sentence, by striking ``clauses (i) through (iv) of this
subparagraph'' and inserting ``clauses (i) through
(v)''; and
(B) by adding at the end the following:
[[Page 135 STAT. 600]]
``(v) <<NOTE: Kentucky.>> The Louie B. Nunn
Cumberland Expressway (to be designated as a spur
of Interstate Route 65) from the interchange with
Interstate Route 65 in Barren County, Kentucky,
east to the interchange with United States Highway
27 in Somerset, Kentucky.''; and
(2) by adding at the end the following:
``(v) Operation of Vehicles on Certain North Carolina Highways.--If
any segment in the State of North Carolina of United States Route 17,
United States Route 29, United States Route 52, United States Route 64,
United States Route 70, United States Route 74, United States Route 117,
United States Route 220, United States Route 264, or United States Route
421 is designated as a route on the Interstate System, a vehicle that
could operate legally on that segment before the date of such
designation may continue to operate on that segment, without regard to
any requirement under subsection (a).
``(w) Operation of Vehicles on Certain Oklahoma Highways.--If any
segment of the highway referred to in paragraph (96) of section 1105(c)
of the Intermodal Surface Transportation Efficiency Act of 1991 (Public
Law 102-240; 105 Stat. 2032) is designated as a route on the Interstate
System, a vehicle that could operate legally on that segment before the
date of such designation may continue to operate on that segment,
without any regard to any requirement under this section.''.
SEC. 11516. <<NOTE: Evaluations.>> REPORT ON AIR QUALITY
IMPROVEMENTS.
(a) In General.--Not later than 3 years after the date of enactment
of this Act, the Comptroller General of the United States shall submit a
report that evaluates the congestion mitigation and air quality
improvement program under section 149 of title 23, United States Code
(referred to in this section as the ``program''), to--
(1) the Committee on Environment and Public Works of the
Senate; and
(2) the Committee on Transportation and Infrastructure of
the House of Representatives.
(b) Contents.--The evaluation under subsection (a) shall include an
evaluation of--
(1) the reductions of ozone, carbon monoxide, and
particulate matter that result from projects under the program;
(2) the cost-effectiveness of the reductions described in
paragraph (1);
(3) the result of investments of funding under the program
in minority and low-income communities that are
disproportionately affected by ozone, carbon monoxide, and
particulate matter;
(4) the effectiveness, with respect to the attainment or
maintenance of national ambient air quality standards under
section 109 of the Clean Air Act (42 U.S.C. 7409) for ozone,
carbon monoxide, and particulate matter, of performance measures
established under section 150(c)(5) of title 23, United States
Code, and performance targets established under subsection (d)
of that section for traffic congestion and on-road mobile source
emissions;
(5) the extent to which there are any types of projects that
are not eligible funding under the program that would
[[Page 135 STAT. 601]]
be likely to contribute to the attainment or maintenance of the
national ambient air quality standards described in paragraph
(4); and
(6) the extent to which projects under the program reduce
sulfur dioxide, nitrogen dioxide, and lead.
SEC. 11517. <<NOTE: 23 USC 109 note.>> ROADSIDE HIGHWAY SAFETY
HARDWARE.
(a) <<NOTE: Verification. Determination.>> In General.--To the
maximum extent practicable, the Secretary shall develop a process for
third party verification of full-scale crash testing results from crash
test labs, including a method for formally verifying the testing
outcomes and providing for an independent pass/fail determination. In
establishing such a process, the Secretary shall seek to ensure the
independence of crash test labs by ensuring that those labs have a clear
separation between device development and testing in cases in which lab
employees test devices that were developed within the parent
organization of the employee.
(b) Continued Issuance of Eligibility Letters.--Until the
implementation of the process described in subsection (a) is complete,
the Secretary may, and is encouraged to, ensure that the Administrator
of the Federal Highway Administration continues to issue Federal-aid
reimbursement eligibility letters for roadside safety hardware as a
service to States.
(c) Report to Congress.--
(1) <<NOTE: Time period.>> In general.--If the Secretary
seeks to discontinue issuing the letters described in subsection
(b), the Secretary shall submit to the Committee on Environment
and Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report at least 1 year before discontinuing
the letters.
(2) <<NOTE: Summary.>> Inclusions.--The report described in
paragraph (1) shall include a summary of the third-party
verification process described in subsection (a) that will
replace the Federal Highway Administration issuance of
eligibility letters and any other relevant information that the
Secretary deems necessary.
SEC. 11518. PERMEABLE PAVEMENTS STUDY.
(a) <<NOTE: Deadline.>> In General.--Not later than 1 year after
the date of enactment of this Act, the Secretary shall carry out a
study--
(1) to gather existing information on the effects of
permeable pavements on flood control in different contexts,
including in urban areas, and over the lifetime of the permeable
pavement;
(2) to perform research to fill gaps in the existing
information gathered under paragraph (1); and
(3) to develop--
(A) models for the performance of permeable
pavements in flood control; and
(B) best practices for designing permeable pavement
to meet flood control requirements.
(b) Data Survey.--In carrying out the study under subsection (a),
the Secretary shall develop--
(1) <<NOTE: Summary.>> a summary, based on available
literature and models, of localized flood control capabilities
of permeable pavement that considers long-term performance and
cost information; and
[[Page 135 STAT. 602]]
(2) best practices for the design of localized flood control
using permeable pavement that considers long-term performance
and cost information.
(c) <<NOTE: Public information.>> Publication.--The Secretary shall
make a report describing the results of the study under subsection (a)
publicly available.
SEC. 11519. <<NOTE: 23 USC 125 note.>> EMERGENCY RELIEF PROJECTS.
(a) Definition of Emergency Relief Project.--In this section, the
term ``emergency relief project'' means a project carried out under the
emergency relief program under section 125 of title 23, United States
Code.
(b) <<NOTE: Deadline.>> Improving the Emergency Relief Program.--
Not later than 90 days after the date of enactment of this Act, the
Secretary shall--
(1) <<NOTE: Revision.>> revise the emergency relief manual
of the Federal Highway Administration--
(A) to include and reflect the definition of the
term ``resilience'' (as defined in section 101(a) of
title 23, United States Code);
(B) <<NOTE: Procedures.>> to identify procedures
that States may use to incorporate resilience into
emergency relief projects; and
(C) to encourage the use of Complete Streets design
principles and consideration of access for moderate- and
low-income families impacted by a declared disaster;
(2) develop best practices for improving the use of
resilience in--
(A) the emergency relief program under section 125
of title 23, United States Code; and
(B) emergency relief efforts;
(3) provide to division offices of the Federal Highway
Administration and State departments of transportation
information on the best practices developed under paragraph (2);
and
(4) develop and implement a process to track--
(A) the consideration of resilience as part of the
emergency relief program under section 125 of title 23,
United States Code; and
(B) the costs of emergency relief projects.
SEC. 11520. STUDY ON STORMWATER BEST MANAGEMENT PRACTICES.
(a) <<NOTE: Deadline. Contracts.>> Study.--Not later than 180 days
after the date of enactment of this Act, the Secretary and the
Administrator of the Environment Protection Agency shall offer to enter
into an agreement with the Transportation Research Board of the National
Academy of Sciences to conduct a study--
(1) <<NOTE: Estimate.>> to estimate pollutant loads from
stormwater runoff from highways and pedestrian facilities
eligible for assistance under title 23, United States Code, to
inform the development of appropriate total maximum daily load
(as defined in section 130.2 of title 40, Code of Federal
Regulations (or successor regulations)) requirements;
(2) <<NOTE: Recommenda-
tions. Regulations. Determination.>> to provide recommendations
regarding the evaluation and selection by State departments of
transportation of potential stormwater management and total
maximum daily load compliance strategies within a watershed,
including environmental restoration and pollution abatement
carried out under
[[Page 135 STAT. 603]]
section 328 of title 23, United States Code (including any
revisions to law (including regulations) that the Transportation
Research Board determines to be appropriate); and
(3) <<NOTE: Examination.>> to examine the potential for the
Secretary to assist State departments of transportation in
carrying out and communicating stormwater management practices
for highways and pedestrian facilities that are eligible for
assistance under title 23, United States Code, through
information-sharing agreements, database assistance, or an
administrative platform to provide the information described in
paragraphs (1) and (2) to entities issued permits under the
Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.).
(b) Requirements.--If the Transportation Research Board enters into
an agreement under subsection (a), in conducting the study under that
subsection, the Transportation Research Board shall--
(1) <<NOTE: Review.>> review and supplement, as
appropriate, the methodologies examined and recommended in the
report of the National Academies of Sciences, Engineering, and
Medicine entitled ``Approaches for Determining and Complying
with TMDL Requirements Related to Roadway Stormwater Runoff''
and dated 2019;
(2) <<NOTE: Consultation.>> consult with--
(A) the Secretary;
(B) the Administrator of the Environmental
Protection Agency;
(C) the Secretary of the Army, acting through the
Chief of Engineers; and
(D) State departments of transportation; and
(3) solicit input from--
(A) stakeholders with experience in implementing
stormwater management practices for projects; and
(B) educational and technical stormwater management
groups.
(c) Report.--If the Transportation Research Board enters into an
agreement under subsection (a), not later than 18 months after the date
of enactment of this Act, the Transportation Research Board shall submit
to the Secretary, the Committee on Environment and Public Works of the
Senate, and the Committee on Transportation and Infrastructure of the
House of Representatives a report describing the results of the study.
SEC. 11521. <<NOTE: 23 USC 109 note.>> STORMWATER BEST MANAGEMENT
PRACTICES REPORTS.
(a) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Federal Highway Administration.
(2) Best management practices report.--The term ``best
management practices report'' means--
(A) the 2014 report sponsored by the Administrator
entitled ``Determining the State of the Practice in Data
Collection and Performance Measurement of Stormwater
Best Management Practices''; and
(B) the 1997 report sponsored by the Administrator
entitled ``Stormwater Best Management Practices in an
Ultra-Urban Setting: Selection and Monitoring''.
(b) <<NOTE: Update.>> Reissuance.--Not later than 1 year after the
date of enactment of this Act, the Administrator shall update and
reissue each
[[Page 135 STAT. 604]]
best management practices report to reflect new information and
advancements in stormwater management.
(c) Updates.--Not less frequently than once every 5 years after the
date on which the Administrator reissues a best management practices
report described in subsection (b), the Administrator shall update and
reissue the best management practices report until the earlier of the
date on which--
(1) the best management practices report is withdrawn; or
(2) the contents of the best management practices report are
incorporated (including by reference) into applicable
regulations of the Administrator.
SEC. 11522. <<NOTE: 23 USC 329 note.>> INVASIVE PLANT ELIMINATION
PROGRAM.
(a) Definitions.--In this section:
(1) Invasive plant.--The term ``invasive plant'' means a
nonnative plant, tree, grass, or weed species, including, at a
minimum, cheatgrass, Ventenata dubia, medusahead, bulbous
bluegrass, Japanese brome, rattail fescue, Japanese honeysuckle,
phragmites, autumn olive, Bradford pear, wild parsnip, sericea
lespedeza, spotted knapweed, garlic mustard, and palmer
amaranth.
(2) Program.--The term ``program'' means the grant program
established under subsection (b).
(3) Transportation corridor.--The term ``transportation
corridor'' means a road, highway, railroad, or other surface
transportation route.
(b) <<NOTE: Grants.>> Establishment.--The Secretary shall carry out
a program to provide grants to States to eliminate or control existing
invasive plants or prevent introduction of or encroachment by new
invasive plants along and in areas adjacent to transportation corridor
rights-of-way.
(c) Application.--To be eligible to receive a grant under the
program, a State shall submit to the Secretary an application at such
time, in such manner, and containing such information as the Secretary
may require.
(d) Eligible Activities.--
(1) In general.--Subject to this subsection, a State that
receives a grant under the program may use the grant funds to
carry out activities to eliminate or control existing invasive
plants or prevent introduction of or encroachment by new
invasive plants along and in areas adjacent to transportation
corridor rights-of-way.
(2) Prioritization of projects.--In carrying out the
program, the Secretary shall give priority to projects that
utilize revegetation with native plants and wildflowers,
including those that are pollinator-friendly.
(3) Prohibition on certain uses of funds.--Amounts provided
to a State under the program may not be used for costs relating
to mowing a transportation corridor right-of-way or the adjacent
area unless--
(A) mowing is identified as the best means of
treatment according to best management practices; or
(B) mowing is used in conjunction with another
treatment.
[[Page 135 STAT. 605]]
(4) Limitation.--Not more than 10 percent of the amounts
provided to a State under the program may be used for the
purchase of equipment.
(5) Administrative and indirect costs.--Not more than 5
percent of the amounts provided to a State under the program may
be used for the administrative and other indirect costs (such as
full time employee salaries, rent, insurance, subscriptions,
utilities, and office supplies) of carrying out eligible
activities.
(e) Requirements.--
(1) Coordination.--In carrying out eligible activities with
a grant under the program, a State shall coordinate with--
(A) units of local government, political
subdivisions of the State, and Tribal authorities that
are carrying out eligible activities in the areas to be
treated;
(B) local regulatory authorities, in the case of a
treatment along or adjacent to a railroad right-of-way;
and
(C) with respect to the most effective roadside
control methods, State and Federal land management
agencies and any relevant Tribal authorities.
(2) Annual report.--Not later than 1 year after the date on
which a State receives a grant under the program, and annually
thereafter, that State shall provide to the Secretary an annual
report on the treatments carried out using funds from the grant.
(f) Federal Share.--
(1) In general.--The Federal share of the cost of an
eligible activity carried out using funds from a grant under the
program shall be--
(A) in the case of a project that utilizes
revegetation with native plants and wildflowers,
including those that are pollinator-friendly, 75
percent; and
(B) in the case of any other project not described
in subparagraph (A), 50 percent.
(2) Certain funds counted toward non-federal share.--A State
may include amounts expended by the State or a unit of local
government in the State to address current invasive plant
populations and prevent future infestation along or in areas
adjacent to transportation corridor rights-of-way in calculating
the non-Federal share required under the program.
(g) Funding.--There is authorized to be appropriated to carry out
the program $50,000,000 for each of fiscal years 2022 through 2026.
SEC. 11523. OVER-THE-ROAD BUS TOLLING EQUITY.
Section 129(a) of title 23, United States Code, is amended--
(1) in paragraph (3)(B)(i), by inserting ``, together with
the results of the audit under paragraph (9)(C),'' after ``the
audits''; and
(2) in paragraph (9)--
(A) by striking ``An over-the-road'' and inserting
the following:
``(A) In general.--An over-the-road'';
(B) in subparagraph (A) (as so designated), by
striking ``public transportation buses'' and inserting
``public transportation vehicles''; and
[[Page 135 STAT. 606]]
(C) by adding at the end the following:
``(B) Reports.--
``(i) In general.--Not later than 90 days
after the date of enactment of this subparagraph,
a public authority that operates a toll facility
shall report to the Secretary any rates, terms, or
conditions for access to the toll facility by
public transportation vehicles that differ from
the rates, terms, or conditions applicable to
over-the-road buses.
``(ii) Updates.--A public authority that
operates a toll facility shall report to the
Secretary any change to the rates, terms, or
conditions for access to the toll facility by
public transportation vehicles that differ from
the rates, terms, or conditions applicable to
over-the-road buses by not later than 30 days
after the date on which the change takes effect.
``(iii) <<NOTE: Public information. Web
posting.>> Publication.--The Secretary shall
publish information reported to the Secretary
under clauses (i) and (ii) on a publicly
accessible internet website.
``(C) Annual audit.--
``(i) In general.--A public authority (as
defined in section 101(a)) with jurisdiction over
a toll facility shall--
``(I) conduct or have an independent
auditor conduct an annual audit of toll
facility records to verify compliance
with this paragraph; and
``(II) <<NOTE: Reports.>> report
the results of the audit, together with
the results of the audit under paragraph
(3)(B), to the Secretary.
``(ii) <<NOTE: Notice.>> Records.--After
providing reasonable notice, a public authority
described in clause (i) shall make all records of
the public authority pertaining to the toll
facility available for audit by the Secretary.
``(iii) <<NOTE: Determination.>>
Noncompliance.--If the Secretary determines that a
public authority described in clause (i) has not
complied with this paragraph, the Secretary may
require the public authority to discontinue
collecting tolls until an agreement with the
Secretary is reached to achieve compliance.''.
SEC. 11524. BRIDGE TERMINOLOGY.
(a) Condition of NHS Bridges.--Section 119(f)(2) of title 23, United
States Code, is amended by striking ``structurally deficient'' each
place it appears and inserting ``in poor condition''.
(b) National Bridge and Tunnel Inventories.--Section 144(b)(5) of
title 23, United States Code, is amended by striking ``structurally
deficient bridge'' and inserting ``bridge classified as in poor
condition''.
(c) Tribal Transportation Facility Bridges.--Section 202(d) of title
23, United States Code, is amended--
(1) in paragraph (1), by striking ``deficient bridges
eligible for the tribal transportation program'' and inserting
``bridges eligible for the tribal transportation program
classified as in poor condition, having low load capacity, or
needing geometric improvements''; and
(2) in paragraph (3)(C), by striking ``structurally
deficient or functionally obsolete'' and inserting ``classified
as in poor
[[Page 135 STAT. 607]]
condition, having a low load capacity, or needing geometric
improvements''.
SEC. 11525. TECHNICAL CORRECTIONS.
(a) Section 101(b)(1) of title 23, United States Code, is amended by
inserting ``Highways'' after ``and Defense''.
(b) Section 104(f)(3) of title 23, United States Code, is amended--
(1) in the paragraph heading, by striking ``federal highway
administration'' and inserting ``an operating administration of
the department of transportation''; and
(2) in subparagraph (A), by striking ``the Federal Highway
Administration'' and inserting ``an operating administration of
the Department of Transportation''.
(c) Section 108(c)(3)(F) of title 23, United States Code, is
amended--
(1) by inserting ``of 1969 (42 U.S.C. 4321 et seq.)'' after
``Policy Act''; and
(2) by striking ``this Act'' and inserting ``this title''.
(d) Section 112(b)(2) of title 23, United States Code, is amended by
striking ``(F) (F) Subparagraphs'' and inserting the following:
``(F) Exclusion.--Subparagraphs''.
(e) Section 115(c) of title 23, United States Code, is amended by
striking ``section 135(f)'' and inserting ``section 135(g)''.
(f) Section 130(g) of title 23, United States Code, is amended--
(1) in the third sentence--
(A) by striking ``and Transportation,'' and
inserting ``and Transportation''; and
(B) by striking ``thereafter,,'' and inserting
``thereafter,''; and
(2) in the fifth sentence, by striking ``railroad highway''
and inserting ``railway-highway''.
(g) Section 135(g) of title 23, United States Code, is amended--
(1) in paragraph (3), by striking ``operators),,'' and
inserting ``operators),''; and
(2) in paragraph (6)(B), by striking ``5310, 5311, 5316, and
5317'' and inserting ``5310 and 5311''.
(h) Section 139 of title 23, United States Code (as amended by
section 11301), is amended--
(1) in subsection (b)(1), by inserting ``(42 U.S.C. 4321 et
seq.)'' after ``of 1969'';
(2) in subsection (c), by inserting ``(42 U.S.C. 4321 et
seq.)'' after ``of 1969'' each place it appears; and
(3) in subsection (k)(2), by inserting ``(42 U.S.C. 4321 et
seq.)'' after ``of 1969''.
(i) Section 140(a) of title 23, United States Code, is amended, in
the third sentence, by inserting a comma after ``Secretary''.
(j) Section 148(i)(2)(D) of title 23, United States Code, is amended
by striking ``safety safety'' and inserting ``safety''.
(k) Section 166(a)(1) of title 23, United States Code, is amended by
striking the paragraph designation and heading and all that follows
through ``A public authority'' and inserting the following:
``(1) Authority of public authorities.--A public
authority''.
(l) Section 201(c)(6)(A)(ii) of title 23, United States Code, is
amended by striking ``(25 U.S.C. 450 et seq.)'' and inserting ``(25
U.S.C. 5301 et seq.)''.
[[Page 135 STAT. 608]]
(m) Section 202 of title 23, United States Code, is amended--
(1) by striking ``(25 U.S.C. 450 et seq.)'' each place it
appears and inserting ``(25 U.S.C. 5301 et seq.)'';
(2) in subsection (a)(10)(B), by striking ``(25 U.S.C.
450e(b))'' and inserting ``(25 U.S.C. 5307(b))''; and
(3) in subsection (b)(5), in the matter preceding
subparagraph (A), by inserting ``the'' after ``agreement
under''.
(n) Section 206(d)(2)(G) of title 23, United States Code, is amended
by striking ``use of recreational trails'' and inserting ``uses of
recreational trails''.
(o) Section 207 of title 23, United States Code, is amended--
(1) in subsection (g)--
(A) by striking ``(25 U.S.C. 450j-1)'' and inserting
``(25 U.S.C. 5325)''; and
(B) by striking ``(25 U.S.C. 450j-1(f))'' and
inserting ``(25 U.S.C. 5325(f))'';
(2) in subsection (l)--
(A) in paragraph (1), by striking ``(25 U.S.C.
458aaa-5)'' and inserting ``(25 U.S.C. 5386)'';
(B) in paragraph (2), by striking ``(25 U.S.C.
458aaa-6)'' and inserting ``(25 U.S.C. 5387)'';
(C) in paragraph (3), by striking ``(25 U.S.C.
458aaa-7)'' and inserting ``(25 U.S.C. 5388)'';
(D) in paragraph (4), by striking ``(25 U.S.C.
458aaa-9)'' and inserting ``(25 U.S.C. 5390)'';
(E) in paragraph (5), by striking ``(25 U.S.C.
458aaa-10)'' and inserting ``(25 U.S.C. 5391)'';
(F) in paragraph (6), by striking ``(25 U.S.C.
458aaa-11)'' and inserting ``(25 U.S.C. 5392)'';
(G) in paragraph (7), by striking ``(25 U.S.C.
458aaa-14)'' and inserting ``(25 U.S.C. 5395)'';
(H) in paragraph (8), by striking ``(25 U.S.C.
458aaa-15)'' and inserting ``(25 U.S.C. 5396)''; and
(I) in paragraph (9), by striking ``(25 U.S.C.
458aaa-17)'' and inserting ``(25 U.S.C. 5398)''; and
(3) in subsection (m)(2)--
(A) by striking ``505'' and inserting ``501''; and
(B) by striking ``(25 U.S.C. 450b; 458aaa)'' and
inserting ``(25 U.S.C. 5304; 5381)''.
(p) Section 217(d) of title 23, United States Code, is amended by
striking ``104(b)(3)'' and inserting ``104(b)(4)''.
(q) Section 323(d) of title 23, United States Code, is amended in
the matter preceding paragraph (1), in the second sentence, by inserting
``(42 U.S.C. 4321 et seq.)'' after ``of 1969''.
(r) <<NOTE: Repeal.>> Section 325 of title 23, United States Code,
is repealed.
(s) Section 504(g)(6) of title 23, United States Code, is amended by
striking ``make grants or to'' and inserting ``make grants to''.
(t) The analysis for chapter 3 of title 23, <<NOTE: 23 USC 301
prec.>> United States Code, is amended by striking the item relating to
section 325.
SEC. 11526. WORKING GROUP ON COVERED RESOURCES.
(a) Definitions.--In this section:
(1) Covered resource.--The term ``covered resource'' means a
common variety material used in transportation infrastructure
construction and maintenance, including stone, sand, and gravel.
[[Page 135 STAT. 609]]
(2) State.--The term ``State'' means each of the several
States, the District of Columbia, and each territory or
possession of the United States.
(3) Working group.--The term ``Working Group'' means the
working group established under subsection (b).
(b) <<NOTE: Deadline. Study.>> Establishment.--Not later than 120
days after the date of enactment of this Act, the Secretary shall
establish a working group to conduct a study on access to covered
resources for infrastructure projects.
(c) Membership.--
(1) Appointment.--The Secretary shall appoint to the Working
Group individuals with knowledge and expertise in the production
and transportation of covered resources.
(2) Representation.--The Working Group shall include not
less than 1 representative of each of the following:
(A) State departments of transportation.
(B) State agencies associated with covered resources
protection.
(C) State planning and geologic survey and mapping
agencies.
(D) Commercial motor vehicle operators, including
small business operators and operators who transport
covered resources.
(E) Covered resources producers.
(F) Construction contractors.
(G) Labor organizations.
(H) Metropolitan planning organizations and regional
planning organizations.
(I) Indian Tribes, including Tribal elected
leadership or Tribal transportation officials.
(J) Any other stakeholders that the Secretary
determines appropriate.
(3) Termination.--The Working Group shall terminate 180 days
after the date on which the Secretary receives the report under
subsection (f)(1).
(d) Duties.--In carrying out the study required under subsection
(b), the Working Group shall analyze--
(1) the use of covered resources in transportation projects
funded with Federal dollars;
(2) how the proximity of covered resources to such projects
affects the cost and environmental impact of those projects;
(3) whether and how State, Tribal, and local transportation
and planning agencies consider covered resources when developing
transportation projects; and
(4) any challenges for transportation project sponsors
regarding access and proximity to covered resources.
(e) Consultation.--In carrying out the study required under
subsection (b), the Working Group shall consult with, as appropriate--
(1) chief executive officers of States;
(2) State, Tribal, and local transportation and planning
agencies;
(3) other relevant State, Tribal, and local agencies,
including State agencies associated with covered resources
protection;
(4) members of the public with industry experience with
respect to covered resources;
[[Page 135 STAT. 610]]
(5) other Federal entities that provide funding for
transportation projects; and
(6) any other stakeholder the Working Group determines
appropriate.
(f) <<NOTE: Summaries. Recommenda- tions.>> Reports.--
(1) Working group report.--Not later than 2 years after the
date on which the Working Group is established, the Working
Group shall submit to the Secretary a report that includes--
(A) the findings of the study required under
subsection (b), including a summary of comments received
during the consultation process under subsection (e);
and
(B) any recommendations to preserve access to and
reduce the costs and environmental impacts of covered
resources for infrastructure projects.
(2) Departmental report.--Not later than 90 days after the
date on which the Secretary receives the report under paragraph
(1), the Secretary shall submit to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public
Works of the Senate a summary of the findings under the report
and any recommendations, as appropriate.
SEC. 11527. BLOOD TRANSPORT VEHICLES.
Section 166(b) of title 23, United States Code, is amended by adding
at the end the following:
``(6) Blood transport vehicles.--The public authority may
allow blood transport vehicles that are transporting blood
between a collection point and a hospital or storage center to
use the HOV facility if the public authority establishes
requirements for clearly identifying such vehicles.''.
SEC. 11528. POLLINATOR-FRIENDLY PRACTICES ON ROADSIDES AND HIGHWAY
RIGHTS-OF-WAY.
(a) In General.--Chapter 3 of title 23, United States Code (as
amended by section 11309(a)), is amended by adding at the end the
following:
``Sec. 332. <<NOTE: 23 USC 332.>> Pollinator-friendly practices
on roadsides and highway rights-of-way
``(a) <<NOTE: Grants.>> In General.--The Secretary shall establish
a program to provide grants to eligible entities to carry out activities
to benefit pollinators on roadsides and highway rights-of-way, including
the planting and seeding of native, locally-appropriate grasses and
wildflowers, including milkweed.
``(b) Eligible Entities.--An entity eligible to receive a grant
under this section is--
``(1) a State department of transportation;
``(2) an Indian tribe; or
``(3) a Federal land management agency.
``(c) Application.--To be eligible to receive a grant under this
section, an eligible entity shall submit to the Secretary an application
at such time, in such manner, and containing such information as the
Secretary may require, including a pollinator-friendly practices plan
described in subsection (d).
``(d) Pollinator-friendly Practices Plan.--
[[Page 135 STAT. 611]]
``(1) In general.--An eligible entity shall include in the
application under subsection (c) a plan that describes the
pollinator-friendly practices that the eligible entity has
implemented or plans to implement, including--
``(A) practices relating to mowing strategies that
promote early successional vegetation and limit
disturbance during periods of highest use by target
pollinator species on roadsides and highway rights-of-
way, such as--
``(i) reducing the mowing swath outside of the
State-designated safety zone;
``(ii) increasing the mowing height;
``(iii) reducing the mowing frequency;
``(iv) refraining from mowing monarch and
other pollinator habitat during periods in which
monarchs or other pollinators are present;
``(v) use of a flushing bar and cutting at
reduced speeds to reduce pollinator deaths due to
mowing; or
``(vi) reducing raking along roadsides and
highway rights-of-way;
``(B) implementation of an integrated vegetation
management plan that includes approaches such as
mechanical tree and brush removal, targeted and
judicious use of herbicides, and mowing, to address weed
issues on roadsides and highway rights-of-way;
``(C) planting or seeding of native, locally-
appropriate grasses and wildflowers, including milkweed,
on roadsides and highway rights-of-way to enhance
pollinator habitat, including larval host plants;
``(D) removing nonnative grasses from planting and
seeding mixes, except for use as nurse or cover crops;
``(E) obtaining expert training or assistance on
pollinator-friendly practices, including--
``(i) native plant identification;
``(ii) establishment and management of
locally-appropriate native plants that benefit
pollinators;
``(iii) land management practices that benefit
pollinators; and
``(iv) pollinator-focused integrated
vegetation management; or
``(F) <<NOTE: Determination.>> any other
pollinator-friendly practices the Secretary determines
to be appropriate.
``(2) Coordination.--In developing a plan under paragraph
(1), an eligible entity that is a State department of
transportation or a Federal land management agency shall
coordinate with applicable State agencies, including State
agencies with jurisdiction over agriculture and fish and
wildlife.
``(3) Consultation.--In developing a plan under paragraph
(1)--
``(A) an eligible entity that is a State department
of transportation or a Federal land management agency
shall consult with affected or interested Indian tribes;
and
``(B) any eligible entity may consult with nonprofit
organizations, institutions of higher education,
metropolitan planning organizations, and any other
relevant entities.
``(e) Award of Grants.--
[[Page 135 STAT. 612]]
``(1) <<NOTE: Determination.>> In general.--The Secretary
shall provide a grant to each eligible entity that submits an
application under subsection (c), including a plan under
subsection (d), that the Secretary determines to be
satisfactory.
``(2) Amount of grants.--The amount of a grant under this
section--
``(A) shall be based on the number of pollinator-
friendly practices the eligible entity has implemented
or plans to implement; and
``(B) shall not exceed $150,000.
``(f) Use of Funds.--An eligible entity that receives a grant under
this section shall use the funds for the implementation, improvement, or
further development of the plan under subsection (d).
``(g) Federal Share.--The Federal share of the cost of an activity
carried out with a grant under this section shall be 100 percent.
``(h) Best Practices.--The Secretary shall develop and make
available to eligible entities best practices for, and a priority
ranking of, pollinator-friendly practices on roadsides and highway
rights-of-way.
``(i) Technical Assistance.--On request of an eligible entity that
receives a grant under this section, the Secretary shall provide
technical assistance with the implementation, improvement, or further
development of a plan under subsection (d).
``(j) Administrative Costs.--For each fiscal year, the Secretary may
use not more than 2 percent of the amounts made available to carry out
this section for the administrative costs of carrying out this section.
``(k) Report.--Not later than 1 year after the date on which the
first grant is provided under this section, the Secretary shall submit
to the Committee on Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives a report on the implementation of the program under this
section.
``(l) <<NOTE: Time periods.>> Authorization of Appropriations.--
``(1) In general.--There is authorized to be appropriated to
carry out this section $2,000,000 for each of fiscal years 2022
through 2026.
``(2) Availability.--Amounts made available under this
section shall remain available for a period of 3 years after the
last day of the fiscal year for which the funds are
authorized.''.
(b) Clerical Amendment.--The analysis for chapter 3 of title 23,
United States Code (as amended by section 11309(b)), <<NOTE: 23 USC 301
prec.>> is amended by adding at the end the following:
``332. Pollinator-friendly practices on roadsides and highway rights-of-
way.''.
SEC. 11529. <<NOTE: 23 USC 217 note.>> ACTIVE TRANSPORTATION
INFRASTRUCTURE INVESTMENT PROGRAM.
(a) <<NOTE: Grants.>> In General.--Subject to the availability of
appropriations, the Secretary shall carry out an active transportation
infrastructure investment program to make grants, on a competitive
basis, to eligible organizations to construct eligible projects to
provide safe and connected active transportation facilities in an active
transportation network or active transportation spine.
(b) Application.--
[[Page 135 STAT. 613]]
(1) In general.--To be eligible to receive a grant under
this section, an eligible organization shall submit to the
Secretary an application in such manner and containing such
information as the Secretary may require.
(2) <<NOTE: Contracts.>> Eligible projects partially on
federal land.--With respect to an application for an eligible
project that is located in part on Federal land, an eligible
organization shall enter into a cooperative agreement with the
appropriate Federal agency with jurisdiction over such land to
submit an application described in paragraph (1).
(c) Application Considerations.--In making a grant for construction
of an active transportation network or active transportation spine under
this section, the Secretary shall consider the following:
(1) <<NOTE: Plans.>> Whether the eligible organization
submitted a plan for an eligible project for the development of
walking and bicycling infrastructure that is likely to provide
substantial additional opportunities for walking and bicycling,
including effective plans--
(A) to create an active transportation network
connecting destinations within or between communities,
including schools, workplaces, residences, businesses,
recreation areas, and other community areas, or create
an active transportation spine connecting two or more
communities, metropolitan regions, or States; and
(B) to integrate active transportation facilities
with transit services, where available, to improve
access to public transportation.
(2) Whether the eligible organization demonstrates broad
community support through--
(A) the use of public input in the development of
transportation plans; and
(B) the commitment of community leaders to the
success and timely implementation of an eligible
project.
(3) Whether the eligible organization provides evidence of
commitment to traffic safety, regulations, financial incentives,
or community design policies that facilitate significant
increases in walking and bicycling.
(4) The extent to which the eligible organization
demonstrates commitment of State, local, or eligible Federal
matching funds, and land or in-kind contributions, in addition
to the local match required under subsection (f)(1), unless the
applicant qualifies for an exception under subsection (f)(2).
(5) The extent to which the eligible organization
demonstrates that the grant will address existing disparities in
bicyclist and pedestrian fatality rates based on race or income
level or provide access to jobs and services for low-income
communities and disadvantaged communities.
(6) Whether the eligible organization demonstrates how
investment in active transportation will advance safety for
pedestrians and cyclists, accessibility to jobs and key
destinations, economic competitiveness, environmental
protection, and quality of life.
(d) Use of Funds.--
(1) In general.--Of the amounts made available to carry out
this section and subject to paragraphs (2) and (3), the
Secretary shall obligate--
[[Page 135 STAT. 614]]
(A) not less than 30 percent to eligible projects
that construct active transportation networks that
connect people with public transportation, businesses,
workplaces, schools, residences, recreation areas, and
other community activity centers; and
(B) not less than 30 percent to eligible projects
that construct active transportation spines.
(2) Planning and design grants.--Each fiscal year, the
Secretary shall set aside not less than $3,000,000 of the funds
made available to carry out this section to provide planning
grants for eligible organizations to develop plans for active
transportation networks and active transportation spines.
(3) Administrative costs.--Each fiscal year, the Secretary
shall set aside not more than $2,000,000 of the funds made
available to carry out this section to cover the costs of
administration, research, technical assistance, communications,
and training activities under the program.
(4) Limitation on statutory construction.--Nothing in this
subsection prohibits an eligible organization from receiving
research or other funds under title 23 or 49, United States
Code.
(e) <<NOTE: Deadlines.>> Grant Timing.--
(1) <<NOTE: Federal Register, publication.>> Request for
application.--Not later than 30 days after funds are made
available to carry out this section for a fiscal year, the
Secretary shall publish in the Federal Register a request for
applications for grants under this section for that fiscal year.
(2) Selection of grant recipients.--Not later than 150 days
after funds are made available to carry out this section for a
fiscal year, the Secretary shall select grant recipients of
grants under this section for that fiscal year.
(f) Federal Share.--
(1) In general.--Except as provided in paragraph (2), the
Federal share of the cost of an eligible project carried out
using a grant under this section shall not exceed 80 percent of
the total project cost.
(2) Exception for disadvantaged communities.--For eligible
projects serving communities with a poverty rate of over 40
percent based on the majority of census tracts served by the
eligible project, the Secretary may increase the Federal share
of the cost of the eligible project up to 100 percent of the
total project cost.
(g) <<NOTE: Contracts.>> Assistance to Indian Tribes.--In carrying
out this section, the Secretary may enter into grant agreements, self-
determination contracts, and self-governance compacts under the Indian
Self-Determination and Education Assistance Act (25 U.S.C. 5301 et seq.)
with Indian tribes that are eligible organizations, and such agreements,
contracts, and compacts shall be administered in accordance with that
Act.
(h) Reports.--
(1) Interim report.--Not later than September 30, 2024, the
Secretary shall submit to Congress a report containing the
information described in paragraph (3).
(2) Final report.--Not later than September 30, 2026, the
Secretary shall submit to Congress a report containing the
information described in paragraph (3).
[[Page 135 STAT. 615]]
(3) Report information.--A report submitted under this
subsection shall contain the following, with respect to the
period covered by the applicable report:
(A) <<NOTE: List.>> A list of grants made under this
section.
(B) Best practices of eligible organizations that
receive grants under this section in implementing
eligible projects.
(C) Impediments experienced by eligible
organizations that receive grants under this section in
developing and shifting to active transportation.
(i) <<NOTE: Deadline.>> Rule Required.--Not later than 1 year after
the date of enactment of this Act, the Secretary shall issue a final
rule that encourages the use of the programmatic categorical exclusion,
expedited procurement techniques, and other best practices to facilitate
productive and timely expenditures for eligible projects that are small,
low-impact, and constructed within an existing built environment.
(j) <<NOTE: Time period.>> Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
the Secretary to carry out this section $200,000,000 for each of
fiscal years 2022 through 2026.
(2) Availability.--The amounts made available to carry out
this section shall remain available until expended.
(k) Treatment of Projects.--Notwithstanding any other provision of
law, a project assisted under this section shall be treated as a project
on a Federal-aid highway under chapter 1 of title 23, United States
Code.
(l) Definitions.--In this section:
(1) Active transportation.--The term ``active
transportation'' means mobility options powered primarily by
human energy, including bicycling and walking.
(2) Active transportation network.--The term ``active
transportation network'' means facilities built for active
transportation, including sidewalks, bikeways, and pedestrian
and bicycle trails, that connect between destinations within a
community or metropolitan region.
(3) Active transportation spine.--The term ``active
transportation spine'' means facilities built for active
transportation, including sidewalks, bikeways, and pedestrian
and bicycle trails that connect between communities,
metropolitan regions, or States.
(4) Community.--The term ``community'' means a geographic
area that is socioeconomically interdependent and may include
rural, suburban, and urban jurisdictions.
(5) Eligible organization.--The term ``eligible
organization'' means--
(A) a local or regional governmental organization,
including a metropolitan planning organization or
regional planning organization or council;
(B) a multicounty special district;
(C) a State;
(D) a multistate group of governments; or
(E) an Indian tribe.
(6) Eligible project.--The term ``eligible project'' means
an active transportation project or group of projects--
(A) within or between a community or group of
communities, at least one of which falls within the
jurisdiction
[[Page 135 STAT. 616]]
of an eligible organization, which has submitted an
application under this section; and
(B) that has--
(i) a total cost of not less than $15,000,000;
or
(ii) with respect to planning and design
grants, planning and design costs of not less than
$100,000.
(7) Indian tribe.--The term ``Indian tribe'' has the meaning
given the term in section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 5304).
(8) Total project cost.--The term ``total project cost''
means the sum total of all costs incurred in the development of
an eligible project that are approved by the Secretary as
reasonable and necessary, including--
(A) the cost of acquiring real property;
(B) the cost of site preparation, demolition, and
development;
(C) expenses related to the issuance of bonds or
notes;
(D) fees in connection with the planning, execution,
and financing of the eligible project;
(E) the cost of studies, surveys, plans, permits,
insurance, interest, financing, tax, and assessments;
(F) the cost of construction, rehabilitation,
reconstruction, and equipping the eligible project;
(G) the cost of land improvements;
(H) contractor fees;
(I) the cost of training and education related to
the safety of users of any bicycle or pedestrian network
or spine constructed as part of an eligible project; and
(J) any other cost that the Secretary determines is
necessary and reasonable.
SEC. 11530. HIGHWAY COST ALLOCATION STUDY.
(a) <<NOTE: Deadline. Coordination. Determination.>> In General.--
Not later than 4 years after the date of enactment of this Act, the
Secretary, in coordination with State departments of transportation,
shall carry out a highway cost allocation study to determine the direct
costs of highway use by various types of users.
(b) <<NOTE: Examination.>> Inclusions.--The study under subsection
(a) shall include an examination of--
(1) the Federal costs occasioned in the design,
construction, rehabilitation, and maintenance of Federal-aid
highways by--
(A) the use of vehicles of different dimensions,
weights, number of axles, and other specifications; and
(B) the frequency of those vehicles in the traffic
stream;
(2) <<NOTE: Determination.>> the safety-, emissions-,
congestion-, and noise-related costs of highway use by various
types of users, and other costs as determined by the Secretary;
and
(3) the proportionate share of the costs described in
paragraph (1) that are attributable to each class of highway
users.
(c) Requirements.--In carrying out the study under subsection (a),
the Secretary shall--
(1) ensure that the study examines only direct costs of
highway use;
(2) capture the various driving conditions in different
geographic areas of the United States;
[[Page 135 STAT. 617]]
(3) to the maximum extent practicable, distinguish between
costs directly occasioned by a highway user class and costs
occasioned by all highway user classes; and
(4) compare the costs occasioned by various highway user
classes with the user fee revenue contributed to the Highway
Trust Fund by those highway user classes.
(d) Reports.--
(1) Interim reports.--Not less frequently than annually
during the period during which the Secretary is carrying out the
study under subsection (a), the Secretary shall submit to
Congress an interim report on the progress of the study.
(2) <<NOTE: Recommenda- tions.>> Final report.--On
completion of the study under subsection (a), the Secretary
shall submit to Congress a final report on the results of the
study, including the recommendations under subsection (e).
(e) <<NOTE: Coordination.>> Recommendations.--On completion of the
study under subsection (a), the Secretary, in coordination with the
Secretary of the Treasury, shall develop recommendations for a set of
revenue options to fully cover the costs occasioned by highway users,
including recommendations for--
(1) changes to existing revenue streams; and
(2) new revenue streams based on user fees.
TITLE II--TRANSPORTATION INFRASTRUCTURE FINANCE AND INNOVATION
SEC. 12001. TRANSPORTATION INFRASTRUCTURE FINANCE AND INNOVATION
ACT OF 1998 AMENDMENTS.
(a) Definitions.--Section 601(a) of title 23, United States Code, is
amended--
(1) in subparagraph (E) of paragraph (10), by striking ``3
years'' and inserting ``5 years''; and
(2) in paragraph (12)--
(A) by striking subparagraph (E) and inserting the
following:
``(E) a project to improve or construct public
infrastructure--
``(i) that--
``(I) is located within walking
distance of, and accessible to, a fixed
guideway transit facility, passenger
rail station, intercity bus station, or
intermodal facility, including a
transportation, public utility, or
capital project described in section
5302(3)(G)(v) of title 49, and related
infrastructure; or
``(II) is a project for economic
development, including commercial and
residential development, and related
infrastructure and activities--
``(aa) that incorporates
private investment;
``(bb) that is physically or
functionally related to a
passenger rail station or
multimodal station that includes
rail service;
[[Page 135 STAT. 618]]
``(cc) <<NOTE: Deadline.>> for
which the project sponsor has a
high probability of commencing
the contracting process for
construction by not later than
90 days after the date on which
credit assistance under the
TIFIA program is provided for
the project; and
``(dd) that has a high
probability of reducing the need
for financial assistance under
any other Federal program for
the relevant passenger rail
station or service by increasing
ridership, tenant lease
payments, or other activities
that generate revenue exceeding
costs; and
``(ii) <<NOTE: Deadline.>> for which, by not
later than September 30, 2026, the Secretary has--
``(I) received a letter of interest;
and
``(II) <<NOTE: Determination.>>
determined that the project is eligible
for assistance;'';
(B) in subparagraph (F), by striking the period at
the end and inserting a semicolon; and
(C) by adding at the end the following:
``(G) <<NOTE: Deadline.>> an eligible airport-
related project (as defined in section 40117(a) of title
49) for which, not later than September 30, 2025, the
Secretary has--
``(i) received a letter of interest; and
``(ii) <<NOTE: Determination.>> determined
that the project is eligible for assistance; and
``(H) a project for the acquisition of plant and
wildlife habitat pursuant to a conservation plan that--
``(i) has been approved by the Secretary of
the Interior pursuant to section 10 of the
Endangered Species Act of 1973 (16 U.S.C. 1539);
and
``(ii) in the judgment of the Secretary, would
mitigate the environmental impacts of
transportation infrastructure projects otherwise
eligible for assistance under this title.''.
(b) Eligibility.--Section 602(a)(2) of title 23, United States Code,
is amended--
(1) in subparagraph (A)(iv)--
(A) by striking ``a rating'' and inserting ``an
investment-grade rating''; and
(B) by striking ``$75,000,000'' and inserting
``$150,000,000''; and
(2) in subparagraph (B)--
(A) by striking ``the senior debt'' and inserting
``senior debt''; and
(B) by striking ``credit instrument is for an amount
less than $75,000,000'' and inserting ``total amount of
other senior debt and the Federal credit instrument is
less than $150,000,000''.
(c) Federal Requirements.--Section 602(c)(1) of title 23, United
States Code, is amended in the matter preceding subparagraph (A) by
striking ``and the requirements of section 5333(a) of title 49 for rail
projects,'' and inserting ``the requirements of section 5333(a) of title
49 for rail projects, and the requirements of sections 47112(b) and
50101 of title 49 for airport-related projects,''.
[[Page 135 STAT. 619]]
(d) Processing Timelines.--Section 602(d) of title 23, United States
Code, is amended--
(1) by redesignating paragraphs (1) and (2) as paragraphs
(2) and (3), respectively;
(2) in paragraph (3) (as so redesignated), by striking
``paragraph (1)'' and inserting ``paragraph (2)''; and
(3) by inserting before paragraph (2) (as so redesignated)
the following:
``(1) <<NOTE: Estimate. Deadline.>> Processing timelines.--
Except in the case of an application described in subsection
(a)(8) and to the maximum extent practicable, the Secretary
shall provide an applicant with a specific estimate of the
timeline for the approval or disapproval of the application of
the applicant, which, to the maximum extent practicable, the
Secretary shall endeavor to complete by not later than 150 days
after the date on which the applicant submits a letter of
interest to the Secretary.''.
(e) Maturity Date of Certain Secured Loans.--Section 603(b)(5) of
title 23, United States Code, is amended--
(1) in subparagraph (A), in the matter preceding clause (i),
by striking ``subparagraph (B)'' and inserting ``subparagraphs
(B) and (C)''; and
(2) by adding at the end the following:
``(C) Long lived assets.--In the case of a capital
asset with an estimated life of more than 50 years, the
final maturity date of the secured loan shall be the
lesser of--
``(i) 75 years after the date of substantial
completion of the project; or
``(ii) 75 percent of the estimated useful life
of the capital asset.''.
(f) Secured Loans.--Section 603(c)(4)(A) of title 23, United States
Code, is amended--
(1) by striking ``Any excess'' and inserting the following:
``(i) In general.--Except as provided in
clause (ii), any excess''; and
(2) by adding at the end the following:
``(ii) <<NOTE: Contracts.>> Certain
applicants.--In the case of a secured loan or
other secured Federal credit instrument provided
after the date of enactment of the Surface
Transportation Reauthorization Act of 2021, if the
obligor is a governmental entity, agency, or
instrumentality, the obligor shall not be required
to prepay the secured loan or other secured
Federal credit instrument with any excess revenues
described in clause (i) if the obligor enters into
an agreement to use those excess revenues only for
purposes authorized under this title or title
49.''.
(g) Technical Amendment.--Section 602(e) of title 23, United States
Code, is amended by striking ``section 601(a)(1)(A)'' and inserting
``section 601(a)(2)(A)''.
(h) Streamlined Application Process.--Section 603(f) of title 23,
United States Code, is amended by adding at the end the following:
``(3) Additional terms for expedited decisions.--
``(A) <<NOTE: Deadline. Timeline.>> In general.--
Not later than 120 days after the date of enactment of
this paragraph, the Secretary shall implement an
expedited decision timeline for public agency borrowers
seeking secured loans that meet--
[[Page 135 STAT. 620]]
``(i) the terms under paragraph (2); and
``(ii) the additional criteria described in
subparagraph (B).
``(B) Additional criteria.--The additional criteria
referred to in subparagraph (A)(ii) are the following:
``(i) The secured loan is made on terms and
conditions that substantially conform to the
conventional terms and conditions established by
the National Surface Transportation Innovative
Finance Bureau.
``(ii) The secured loan is rated in the A
category or higher.
``(iii) The TIFIA program share of eligible
project costs is 33 percent or less.
``(iv) <<NOTE: Deadline.>> The applicant
demonstrates a reasonable expectation that the
contracting process for the project can commence
by not later than 90 days after the date on which
a Federal credit instrument is obligated for the
project under the TIFIA program.
``(v) The project has received a categorical
exclusion, a finding of no significant impact, or
a record of decision under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321
et seq.).
``(C) <<NOTE: Deadline.>> Written notice.--The
Secretary shall provide to an applicant seeking a
secured loan under the expedited decision process under
this paragraph a written notice informing the applicant
whether the Secretary has approved or disapproved the
application by not later than 180 days after the date on
which the Secretary submits to the applicant a letter
indicating that the National Surface Transportation
Innovative Finance Bureau has commenced the
creditworthiness review of the project.''.
(i) Funding.--
(1) In general.--Section 608(a) of title 23, United States
Code, is amended--
(A) by redesignating paragraphs (4) and (5) as
paragraphs (5) and (6), respectively;
(B) by inserting after paragraph (3) the following:
``(4) Limitation for certain projects.--
``(A) Transit-oriented development projects.--For
each fiscal year, the Secretary may use to carry out
projects described in section 601(a)(12)(E) not more
than 15 percent of the amounts made available to carry
out the TIFIA program for that fiscal year.
``(B) Airport-related projects.--The Secretary may
use to carry out projects described in section
601(a)(12)(G)--
``(i) for each fiscal year, not more than 15
percent of the amounts made available to carry out
the TIFIA program under the Surface Transportation
Reauthorization Act of 2021 for that fiscal year;
and
``(ii) <<NOTE: Time period.>> for the period
of fiscal years 2022 through 2026, not more than
15 percent of the unobligated carryover balances
(as of October 1, 2021).''; and
(C) by striking paragraph (6) (as so redesignated)
and inserting the following:
``(6) Administrative costs.--Of the amounts made available
to carry out the TIFIA program, the Secretary may use
[[Page 135 STAT. 621]]
not more than $10,000,000 for each of fiscal years 2022 through
2026 for the administration of the TIFIA program.''.
(2) Conforming amendment.--Section 605(f)(1) of title 23,
United States Code, is amended by striking ``section 608(a)(5)''
and inserting ``section 608(a)(6)''.
(j) Status Reports.--Section 609 of title 23, United States Code, is
amended by adding at the end the following:
``(c) Status Reports.--
``(1) <<NOTE: Web postings. Time periods.>> In general.--
The Secretary shall publish on the website for the TIFIA
program--
``(A) on a monthly basis, a current status report on
all submitted letters of interest and applications
received for assistance under the TIFIA program; and
``(B) on a quarterly basis, a current status report
on all approved applications for assistance under the
TIFIA program.
``(2) Inclusions.--Each monthly and quarterly status report
under paragraph (1) shall include, at a minimum, with respect to
each project included in the status report--
``(A) the name of the party submitting the letter of
interest or application;
``(B) the name of the project;
``(C) the date on which the letter of interest or
application was received;
``(D) <<NOTE: Cost estimate.>> the estimated
project eligible costs;
``(E) the type of credit assistance sought; and
``(F) the anticipated fiscal year and quarter for
closing of the credit assistance.''.
(k) State Infrastructure Bank Program.--Section 610 of title 23,
United States Code, is amended--
(1) in subsection (d)--
(A) in paragraph (1)(A), by striking ``fiscal years
2016 through 2020'' and inserting ``fiscal years 2022
through 2026'';
(B) in paragraph (2), by striking ``fiscal years
2016 through 2020'' and inserting ``fiscal years 2022
through 2026''; and
(C) in paragraph (3), by striking ``fiscal years
2016 through 2020'' and inserting ``fiscal years 2022
through 2026''; and
(2) in subsection (k), by striking ``fiscal years 2016
through 2020'' and inserting ``fiscal years 2022 through 2026''.
(l) Report.--Not later than September 30, 2025, the Secretary shall
submit to the Committee on Environment and Public Works of the Senate
and the Committee on Transportation and Infrastructure of the House of
Representatives a report on the impact of the amendment relating to
airport-related projects under subsection (a)(2)(C) and subsection
(i)(1)(B), including--
(1) information on the use of TIFIA program (as defined in
section 601(a) of title 23, United States Code) funds for
eligible airport-related projects (as defined in section
40117(a) of title 49, United States Code); and
(2) <<NOTE: Recommenda- tions.>> recommendations for
modifications to the TIFIA program.
[[Page 135 STAT. 622]]
SEC. 12002. FEDERAL REQUIREMENTS FOR TIFIA ELIGIBILITY AND PROJECT
SELECTION.
(a) In General.--Section 602(c) of title 23, United States Code, is
amended by adding at the end the following:
``(3) Payment and performance security.--
``(A) In general.--The Secretary shall ensure that
the design and construction of a project carried out
with assistance under the TIFIA program shall have
appropriate payment and performance security, regardless
of whether the obligor is a State, local government,
agency or instrumentality of a State or local
government, public authority, or private party.
``(B) Written determination.--If payment and
performance security is required to be furnished by
applicable State or local statute or regulation, the
Secretary may accept such payment and performance
security requirements applicable to the obligor if the
Federal interest with respect to Federal funds and other
project risk related to design and construction is
adequately protected.
``(C) No determination or applicable requirements.--
If there are no payment and performance security
requirements applicable to the obligor, the security
under section 3131(b) of title 40 or an equivalent State
or local requirement, as determined by the Secretary,
shall be required.''.
(b) <<NOTE: 23 USC 602 note.>> Applicability.--The amendments made
by this section shall apply with respect to any agreement for credit
assistance entered into on or after the date of enactment of this Act.
TITLE III--RESEARCH, TECHNOLOGY, AND EDUCATION
SEC. 13001. <<NOTE: 23 USC 503 note.>> STRATEGIC INNOVATION FOR
REVENUE COLLECTION.
(a) In General.--The Secretary shall establish a program to test the
feasibility of a road usage fee and other user-based alternative revenue
mechanisms (referred to in this section as ``user-based alternative
revenue mechanisms'') to help maintain the long-term solvency of the
Highway Trust Fund, through pilot projects at the State, local, and
regional level.
(b) Grants.--
(1) In general.--The Secretary shall provide grants to
eligible entities to carry out pilot projects under this
section.
(2) Applications.--To be eligible for a grant under this
section, an eligible entity shall submit to the Secretary an
application at such time, in such manner, and containing such
information as the Secretary may require.
(3) Objectives.--The Secretary shall ensure that, in the
aggregate, the pilot projects carried out using funds provided
under this section meet the following objectives:
(A) To test the design, acceptance, equity, and
implementation of user-based alternative revenue
mechanisms, including among--
(i) differing income groups; and
(ii) rural and urban drivers, as applicable.
[[Page 135 STAT. 623]]
(B) <<NOTE: Recommenda- tions.>> To provide
recommendations regarding adoption and implementation of
user-based alternative revenue mechanisms.
(C) To quantify and minimize the administrative
costs of any potential user-based alternative revenue
mechanisms.
(D) To test a variety of solutions, including the
use of independent and private third-party vendors, for
the collection of data and fees from user-based
alternative revenue mechanisms, including the
reliability and security of those solutions and vendors.
(E) To test solutions to ensure the privacy and
security of data collected for the purpose of
implementing a user-based alternative revenue mechanism.
(F) To conduct public education and outreach to
increase public awareness regarding the need for user-
based alternative revenue mechanisms for surface
transportation programs.
(G) <<NOTE: Evaluation.>> To evaluate the ease of
compliance and enforcement of a variety of
implementation approaches for different users of the
surface transportation system.
(H) To ensure, to the greatest extent practicable,
the use of innovation.
(I) To consider, to the greatest extent practicable,
the potential for revenue collection along a network of
alternative fueling stations.
(J) <<NOTE: Evaluation.>> To evaluate the impacts of
the imposition of a user-based alternative revenue
mechanism on--
(i) transportation revenues;
(ii) personal mobility, driving patterns,
congestion, and transportation costs; and
(iii) freight movement and costs.
(K) <<NOTE: Evaluation.>> To evaluate options for
the integration of a user-based alternative revenue
mechanism with--
(i) nationwide transportation revenue
collections and regulations;
(ii) toll revenue collection platforms;
(iii) transportation network company fees; and
(iv) any other relevant transportation revenue
mechanisms.
(4) Eligible entity.--An entity eligible to apply for a
grant under this section is--
(A) a State or a group of States;
(B) a local government or a group of local
governments; or
(C) a metropolitan planning organization (as defined
in section 134(b) of title 23, United States Code) or a
group of metropolitan planning organizations.
(5) Use of funds.--An eligible entity that receives a grant
under this section shall use the grant to carry out a pilot
project to address 1 or more of the objectives described in
paragraph (3).
(6) Consideration.--The Secretary shall consider geographic
diversity in awarding grants under this subsection.
(7) Federal share.--The Federal share of the cost of a pilot
project carried out under this section may not exceed--
[[Page 135 STAT. 624]]
(A) 80 percent of the total cost of a project
carried out by an eligible entity that has not otherwise
received a grant under this section; and
(B) 70 percent of the total cost of a project
carried out by an eligible entity that has received at
least 1 grant under this section.
(c) Limitation on Revenue Collected.--Any revenue collected through
a user-based alternative revenue mechanism established using funds
provided under this section shall not be considered a toll under section
301 of title 23, United States Code.
(d) <<NOTE: Coordination.>> Recommendations and Report.--Not later
than 3 years after the date of enactment of this Act, the Secretary, in
coordination with the Secretary of the Treasury and the Federal System
Funding Alternative Advisory Board established under section
13002(g)(1), shall submit to the Committee on Environment and Public
Works of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives a report that--
(1) <<NOTE: Summaries.>> summarizes the results of the
pilot projects under this section and the national pilot program
under section 13002; and
(2) provides recommendations, if applicable, to enable
potential implementation of a nationwide user-based alternative
revenue mechanism.
(e) Funding.--
(1) In general.--Of the funds made available to carry out
section 503(b) of title 23, United States Code, for each of
fiscal years 2022 through 2026 $15,000,000 shall be used for
pilot projects under this section.
(2) <<NOTE: Effective date. Determination. Transfer
authority.>> Flexibility.--If, by August 1 of each fiscal year,
the Secretary determines that there are not enough grant
applications to meet the requirements of this section for that
fiscal year, the Secretary shall transfer to the national pilot
program under section 13002 or to the highway research and
development program under section 503(b) of title 23, United
States Code--
(A) any funds reserved for a fiscal year under
paragraph (1) that the Secretary has not yet awarded
under this section; and
(B) an amount of obligation limitation equal to the
amount of funds that the Secretary transfers under
subparagraph (A).
(f) Repeal.--
(1) In general.--Section 6020 of the FAST Act (23 U.S.C. 503
note; Public Law 114-94) is repealed.
(2) Clerical amendment.--The table of contents in section
1(b) of the FAST Act (Public Law 114-94; 129 Stat. 1312) is
amended by striking the item relating to section 6020.
SEC. 13002. <<NOTE: 23 USC 503 note.>> NATIONAL MOTOR VEHICLE
PER-MILE USER FEE PILOT.
(a) Definitions.--In this section:
(1) Advisory board.--The term ``advisory board'' means the
Federal System Funding Alternative Advisory Board established
under subsection (g)(1).
(2) Commercial vehicle.--The term ``commercial vehicle'' has
the meaning given the term commercial motor vehicle in section
31101 of title 49, United States Code.
[[Page 135 STAT. 625]]
(3) Highway trust fund.--The term ``Highway Trust Fund''
means the Highway Trust Fund established under section 9503 of
the Internal Revenue Code of 1986.
(4) Light truck.--The term ``light truck'' has the meaning
given the term in section 523.2 of title 49, Code of Federal
Regulations (or successor regulations).
(5) Medium- and heavy-duty truck.--The term ``medium- and
heavy-duty truck'' has the meaning given the term ``commercial
medium- and heavy-duty on-highway vehicle'' in section 32901(a)
of title 49, United States Code.
(6) Passenger motor vehicle.--The term ``passenger motor
vehicle'' has the meaning given the term in section 32101 of
title 49, United States Code.
(7) Per-mile user fee.--The term ``per-mile user fee'' means
a revenue mechanism that--
(A) is applied to road users operating motor
vehicles on the surface transportation system; and
(B) is based on the number of vehicle miles traveled
by an individual road user.
(8) Pilot program.--The term ``pilot program'' means the
pilot program established under subsection (b)(1).
(9) Volunteer participant.--The term ``volunteer
participant'' means--
(A) an owner or lessee of a private, personal motor
vehicle who volunteers to participate in the pilot
program;
(B) a commercial vehicle operator who volunteers to
participate in the pilot program; or
(C) an owner of a motor vehicle fleet who volunteers
to participate in the pilot program.
(b) Establishment.--
(1) <<NOTE: Coordination.>> In general.--The Secretary, in
coordination with the Secretary of the Treasury, and consistent
with the recommendations of the advisory board, shall establish
a pilot program to demonstrate a national motor vehicle per-mile
user fee--
(A) to restore and maintain the long-term solvency
of the Highway Trust Fund; and
(B) to improve and maintain the surface
transportation system.
(2) Objectives.--The objectives of the pilot program are--
(A) to test the design, acceptance, implementation,
and financial sustainability of a national motor vehicle
per-mile user fee;
(B) to address the need for additional revenue for
surface transportation infrastructure and a national
motor vehicle per-mile user fee; and
(C) <<NOTE: Recommenda- tions.>> to provide
recommendations relating to the adoption and
implementation of a national motor vehicle per-mile user
fee.
(c) <<NOTE: Coordination.>> Parameters.--In carrying out the pilot
program, the Secretary, in coordination with the Secretary of the
Treasury, shall--
(1) provide different methods that volunteer participants
can choose from to track motor vehicle miles traveled;
(2) <<NOTE: District of Columbia. Puerto Rico.>> solicit
volunteer participants from all 50 States, the District of
Columbia, and the Commonwealth of Puerto Rico;
(3) ensure an equitable geographic distribution by
population among volunteer participants;
[[Page 135 STAT. 626]]
(4) include commercial vehicles and passenger motor
vehicles; and
(5) use components of and, where appropriate, coordinate
with--
(A) the States that received a grant under section
6020 of the FAST Act (23 U.S.C. 503 note; Public Law
114-94) (as in effect on the day before the date of
enactment of this Act); and
(B) eligible entities that received a grant under
section 13001.
(d) Methods.--
(1) <<NOTE: Coordination.>> Tools.--In selecting the
methods described in subsection (c)(1), the Secretary shall
coordinate with entities that voluntarily provide to the
Secretary for use under the pilot program any of the following
vehicle-miles-traveled collection tools:
(A) Third-party on-board diagnostic (OBD-II)
devices.
(B) Smart phone applications.
(C) Telemetric data collected by automakers.
(D) Motor vehicle data obtained by car insurance
companies.
(E) Data from the States that received a grant under
section 6020 of the FAST Act (23 U.S.C. 503 note; Public
Law 114-94) (as in effect on the day before the date of
enactment of this Act).
(F) Motor vehicle data obtained from fueling
stations.
(G) Any other method that the Secretary considers
appropriate.
(2) Coordination.--
(A) <<NOTE: Determination.>> Selection.--The
Secretary shall determine which collection tools under
paragraph (1) are selected for the pilot program.
(B) Volunteer participants.--In a manner that the
Secretary considers appropriate, the Secretary shall
enable each volunteer participant to choose 1 of the
selected collection tools under paragraph (1).
(e) Motor Vehicle Per-mile User Fees.--For the purposes of the pilot
program, the Secretary of the Treasury shall establish, on an annual
basis, per-mile user fees for passenger motor vehicles, light trucks,
and medium- and heavy-duty trucks, which amount may vary between vehicle
types and weight classes to reflect estimated impacts on infrastructure,
safety, congestion, the environment, or other related social impacts.
(f) <<NOTE: Coordination.>> Volunteer Participants.--The Secretary,
in coordination with the Secretary of the Treasury, shall--
(1)(A) ensure, to the extent practicable, that the greatest
number of volunteer participants participate in the pilot
program; and
(B) ensure that such volunteer participants represent
geographically diverse regions of the United States, including
from urban and rural areas; and
(2) issue policies relating to the protection of volunteer
participants, including policies that--
(A) protect the privacy of volunteer participants;
and
(B) secure the data provided by volunteer
participants.
(g) Federal System Funding Alternative Advisory Board.--
[[Page 135 STAT. 627]]
(1) <<NOTE: Deadline.>> In general.--Not later than 90 days
after the date of enactment of this Act, the Secretary shall
establish an advisory board, to be known as the ``Federal System
Funding Alternative Advisory Board'', to assist with--
(A) <<NOTE: Recommenda- tions.>> providing the
Secretary with recommendations related to the structure,
scope, and methodology for developing and implementing
the pilot program;
(B) carrying out the public awareness campaign under
subsection (h); and
(C) developing the report under subsection (n).
(2) <<NOTE: Appointments.>> Membership.--The advisory board
shall include, at a minimum, the following representatives and
entities, to be appointed by the Secretary:
(A) State departments of transportation.
(B) Any public or nonprofit entity that led a
surface transportation system funding alternatives pilot
project under section 6020 of the FAST Act (23 U.S.C.
503 note; Public Law 114-94) (as in effect on the day
before the date of enactment of this Act).
(C) Representatives of the trucking industry,
including owner-operator independent drivers.
(D) Data security experts with expertise in personal
privacy.
(E) Academic experts on surface transportation
systems.
(F) Consumer advocates, including privacy experts.
(G) Advocacy groups focused on equity.
(H) Owners of motor vehicle fleets.
(I) Owners and operators of toll facilities.
(J) Tribal groups or representatives.
(K) <<NOTE: Determination.>> Any other
representatives or entities, as determined appropriate
by the Secretary.
(3) <<NOTE: Deadline.>> Recommendations.--Not later than 1
year after the date on which the advisory board is established
under paragraph (1), the advisory board shall provide the
Secretary with the recommendations described in subparagraph (A)
of that paragraph, which the Secretary shall use in implementing
the pilot program.
(h) Public Awareness Campaign.--
(1) In general.--The Secretary, with guidance from the
advisory board, may carry out a public awareness campaign to
increase public awareness regarding a national motor vehicle
per-mile user fee, including distributing information--
(A) related to the pilot program;
(B) from the State surface transportation system
funding alternatives pilot program under section 6020 of
the FAST Act (23 U.S.C. 503 note; Public Law 114-94) (as
in effect on the day before the date of enactment of
this Act); and
(C) related to consumer privacy.
(2) Considerations.--In carrying out the public awareness
campaign under this subsection, the Secretary shall consider
issues unique to each State.
(i) <<NOTE: Coordination.>> Revenue Collection.--The Secretary of
the Treasury, in coordination with the Secretary, shall establish a
mechanism to collect motor vehicle per-mile user fees established under
subsection (e) from volunteer participants, which--
[[Page 135 STAT. 628]]
(1) may be adjusted as needed to address technical
challenges; and
(2) may allow independent and private third-party vendors to
collect the motor vehicle per-mile user fees and forward such
fees to the Treasury.
(j) <<NOTE: Contracts.>> Agreement.--The Secretary may enter into an
agreement with a volunteer participant containing such terms and
conditions as the Secretary considers necessary for participation in the
pilot program.
(k) Limitation.--Any revenue collected through the mechanism
established under subsection (i) shall not be considered a toll under
section 301 of title 23, United States Code.
(l) Highway Trust Fund.--The Secretary of the Treasury shall ensure
that any revenue collected under subsection (i) is deposited into the
Highway Trust Fund.
(m) <<NOTE: Deadlines. Time
period. Consultation. Estimates.>> Payment.--Not more than 60 days after
the end of each calendar quarter in which a volunteer participant has
participated in the pilot program, the Secretary of the Treasury, in
consultation with the Secretary of Transportation, shall estimate an
amount of payment for each volunteer based on the vehicle miles
submitted by the volunteer for the calendar quarter and issue such
payment to such volunteer participant.
(n) <<NOTE: Analysis.>> Report to Congress.--Not later than 1 year
after the date on which volunteer participants begin participating in
the pilot program, and each year thereafter for the duration of the
pilot program, the Secretary and the Secretary of the Treasury shall
submit to the Committee on Environment and Public Works of the Senate
and the Committee on Transportation and Infrastructure of the House of
Representatives a report that includes an analysis of--
(1) whether the objectives described in subsection (b)(2)
were achieved;
(2) how volunteer participant protections in subsection
(f)(2) were complied with;
(3) <<NOTE: Estimates.>> whether motor vehicle per-mile
user fees can maintain the long-term solvency of the Highway
Trust Fund and improve and maintain the surface transportation
system, which shall include estimates of administrative costs
related to collecting such motor vehicle per mile user fees;
(4) how the privacy of volunteers was maintained; and
(5) equity impacts of the pilot program, including the
impacts of the pilot program on low-income commuters.
(o) Funding.--
(1) <<NOTE: Time period.>> In general.--Of the funds made
available to carry out section 503(b) of title 23, United States
Code, for each of fiscal years 2022 through 2026 $10,000,000
shall be used to carry out the pilot program under this section.
(2) Excess funds.--Any excess funds remaining after carrying
out the pilot program under this section shall be available to
make grants for pilot projects under section 13001.
SEC. 13003. PERFORMANCE MANAGEMENT DATA SUPPORT PROGRAM.
Section 6028(c) of the FAST Act (23 U.S.C. 150 note; Public Law 114-
94) is amended by striking ``fiscal years 2016 through 2020'' and
inserting ``fiscal years 2022 through 2026''.
[[Page 135 STAT. 629]]
SEC. 13004. <<NOTE: 23 USC 503 note.>> DATA INTEGRATION PILOT
PROGRAM.
(a) Establishment.--The Secretary shall establish a pilot program--
(1) to provide research and develop models that integrate,
in near-real-time, data from multiple sources, including
geolocated--
(A) weather conditions;
(B) roadway conditions;
(C) incidents, work zones, and other nonrecurring
events related to emergency planning; and
(D) information from emergency responders; and
(2) to facilitate data integration between the Department,
the National Weather Service, and other sources of data that
provide real-time data with respect to roadway conditions during
or as a result of severe weather events, including, at a
minimum--
(A) winter weather;
(B) heavy rainfall; and
(C) tropical weather events.
(b) Requirements.--In carrying out subsection (a)(1), the Secretary
shall--
(1) address the safety, resiliency, and vulnerability of the
transportation system to disasters; and
(2) develop tools for decisionmakers and other end-users who
could use or benefit from the integrated data described in that
subsection to improve public safety and mobility.
(c) Treatment.--Except as otherwise provided in this section, the
Secretary shall carry out activities under the pilot program under this
section as if--
(1) those activities were authorized under chapter 5 of
title 23, United States Code; and
(2) the funds made available to carry out the pilot program
were made available under that chapter.
(d) <<NOTE: Time period.>> Authorization of Appropriations.--There
is authorized to be appropriated to carry out this section $2,500,000
for each of fiscal years 2022 through 2026, to remain available until
expended.
SEC. 13005. <<NOTE: 23 USC 503 note.>> EMERGING TECHNOLOGY
RESEARCH PILOT PROGRAM.
(a) Establishment.--The Secretary shall establish a pilot program to
conduct emerging technology research in accordance with this section.
(b) Activities.--The pilot program under this section shall
include--
(1) research and development activities relating to
leveraging advanced and additive manufacturing technologies to
increase the structural integrity and cost-effectiveness of
surface transportation infrastructure; and
(2) research and development activities (including
laboratory and test track supported accelerated pavement testing
research regarding the impacts of connected, autonomous, and
platooned vehicles on pavement and infrastructure performance)--
(A) to reduce the impact of automated and connected
driving systems and advanced driver-assistance systems
on pavement and infrastructure performance; and
[[Page 135 STAT. 630]]
(B) to improve transportation infrastructure design
in anticipation of increased usage of automated driving
systems and advanced driver-assistance systems.
(c) Treatment.--Except as otherwise provided in this section, the
Secretary shall carry out activities under the pilot program under this
section as if--
(1) those activities were authorized under chapter 5 of
title 23, United States Code; and
(2) the funds made available to carry out the pilot program
were made available under that chapter.
(d) <<NOTE: Time period.>> Authorization of Appropriations.--There
is authorized to be appropriated to carry out this section $5,000,000
for each of fiscal years 2022 through 2026, to remain available until
expended.
SEC. 13006. RESEARCH AND TECHNOLOGY DEVELOPMENT AND DEPLOYMENT.
(a) In General.--Section 503 of title 23, United States Code, is
amended--
(1) in subsection (a)(2), by striking ``section 508'' and
inserting ``section 6503 of title 49'';
(2) in subsection (b)--
(A) in paragraph (1)--
(i) in subparagraph (C), by striking ``and''
at the end;
(ii) in subparagraph (D), by striking the
period at the end and inserting a semicolon; and
(iii) by adding at the end the following:
``(E) engage with public and private entities to
spur advancement of emerging transformative innovations
through accelerated market readiness; and
``(F) <<NOTE: Consultation.>> consult frequently
with public and private entities on new transportation
technologies.'';
(B) in paragraph (2)(C)--
(i) by redesignating clauses (x) through (xv)
as clauses (xi) through (xvi), respectively; and
(ii) by inserting after clause (ix) the
following:
``(x) safety measures to reduce the number of
wildlife-vehicle collisions;'';
(C) in paragraph (3)--
(i) in subparagraph (B)(viii), by inserting
``, including weather,'' after ``events''; and
(ii) in subparagraph (C)--
(I) in clause (xv), by inserting
``extreme weather events and'' after
``withstand'';
(II) in clause (xviii), by striking
``and'' at the end;
(III) in clause (xix), by striking
the period at the end and inserting ``;
and''; and
(IV) by adding at the end the
following:
``(xx) <<NOTE: Studies.>> studies on the
deployment and revenue potential of the deployment
of energy and broadband infrastructure in highway
rights-of-way, including potential adverse impacts
of the use or nonuse of those rights-of-way.'';
(D) in paragraph (6)--
[[Page 135 STAT. 631]]
(i) in subparagraph (A), by striking ``and''
at the end;
(ii) in subparagraph (B), by striking the
period at the end and inserting ``; and''; and
(iii) by adding at the end the following:
``(C) <<NOTE: Consultation.>> to support research on
non-market-ready technologies in consultation with
public and private entities.'';
(E) in paragraph (7)(B)--
(i) in the matter preceding clause (i), by
inserting ``innovations by leading'' after
``support'';
(ii) in clause (iii), by striking ``and'' at
the end;
(iii) in clause (iv), by striking the period
at the end and inserting ``; and''; and
(iv) by adding at the end the following:
``(v) <<NOTE: Evaluation.>> the evaluation of
information from accelerated market readiness
efforts, including non-market-ready technologies,
in consultation with other offices of the Federal
Highway Administration, the National Highway
Traffic Safety Administration, and other key
partners.'';
(F) in paragraph (8)(A), by striking ``future
highway'' and all that follows through ``needs.'' and
inserting the following: ``current conditions and future
needs of highways, bridges, and tunnels of the United
States, including--
``(i) the conditions and performance of the
highway network for freight movement;
``(ii) intelligent transportation systems;
``(iii) resilience needs; and
``(iv) the backlog of current highway, bridge,
and tunnel needs.''; and
(G) by adding at the end the following:
``(9) Analysis tools.--The Secretary may develop interactive
modeling tools and databases that--
``(A) track the full condition of highway assets,
including interchanges, and the reconstruction history
of those assets;
``(B) can be used to assess transportation options;
``(C) allow for the monitoring and modeling of
network-level traffic flows on highways; and
``(D) further Federal and State understanding of the
importance of national and regional connectivity and the
need for long-distance and interregional passenger and
freight travel by highway and other surface
transportation modes.''; and
(3) in subsection (c)--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph (A),
by inserting ``use of rights-of-way permissible
under applicable law,'' after ``structures,'';
(ii) in subparagraph (D), by striking ``and''
at the end;
(iii) in subparagraph (E), by striking the
period at the end and inserting ``; and''; and
(iv) by adding at the end the following:
``(F) <<NOTE: Evaluation.>> disseminating and
evaluating information from accelerated market readiness
efforts, including non-market-ready technologies, to
public and private entities.'';
[[Page 135 STAT. 632]]
(B) in paragraph (2)--
(i) in subparagraph (B)(iii), by striking
``improved tools and methods to accelerate the
adoption'' and inserting ``and deploy improved
tools and methods to accelerate the adoption of
early-stage and proven innovative practices and
technologies and, as the Secretary determines to
be appropriate, support continued
implementation''; and
(ii) by adding at the end the following:
``(D) <<NOTE: Public information. Web
posting.>> Report.--Not later than 2 years after the
date of enactment of this subparagraph and every 2 years
thereafter, the Secretary shall submit to the Committee
on Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the
House of Representatives and make publicly available on
an internet website a report that describes--
``(i) the activities the Secretary has
undertaken to carry out the program established
under paragraph (1); and
``(ii) how and to what extent the Secretary
has worked to disseminate non-market-ready
technologies to public and private entities.'';
(C) in paragraph (3)--
(i) by redesignating subparagraphs (C) and (D)
as subparagraphs (D) and (E), respectively;
(ii) by inserting after subparagraph (B) the
following:
``(C) High-friction surface treatment application
study.--
``(i) Definition of institution.--In this
subparagraph, the term `institution' means a
private sector entity, public agency, research
university or other research institution, or
organization representing transportation and
technology leaders or other transportation
stakeholders that, as determined by the Secretary,
is capable of working with State highway agencies,
the Federal Highway Administration, and the
highway construction industry to develop and
evaluate new products, design technologies, and
construction methods that quickly lead to pavement
improvements.
``(ii) <<NOTE: Contracts.>> Study.--The
Secretary shall seek to enter into an agreement
with an institution to carry out a study on the
use of natural and synthetic calcined bauxite as a
high-friction surface treatment application on
pavement.
``(iii) Report.--Not later than 18 months
after the date of enactment of the Surface
Transportation Reauthorization Act of 2021, the
Secretary shall submit a report on the results of
the study under clause (ii) to--
``(I) the Committee on Environment
and Public Works of the Senate;
``(II) the Committee on
Transportation and Infrastructure of the
House of Representatives;
``(III) the Federal Highway
Administration; and
[[Page 135 STAT. 633]]
``(IV) the American Association of
State Highway and Transportation
Officials.'';
(iii) in subparagraph (D) (as so
redesignated), by striking ``fiscal years 2016
through 2020'' and inserting ``fiscal years 2022
through 2026''; and
(iv) in subparagraph (E) (as so
redesignated)--
(I) in clause (i), by striking
``annually'' and inserting ``once every
3 years''; and
(II) in clause (ii)--
(aa) in subclause (III), by
striking ``and'' at the end;
(bb) in subclause (IV), by
striking the period at the end
and inserting a semicolon; and
(cc) by adding at the end
the following:
``(V) pavement monitoring and data
collection practices;
``(VI) pavement durability and
resilience;
``(VII) stormwater management;
``(VIII) impacts on vehicle
efficiency;
``(IX) the energy efficiency of the
production of paving materials and the
ability of paving materials to enhance
the environment and promote
sustainability; and
``(X) integration of renewable
energy in pavement designs.''; and
(D) by adding at the end the following:
``(5) Accelerated implementation and deployment of advanced
digital construction management systems.--
``(A) In general.--The Secretary shall establish and
implement a program under the technology and innovation
deployment program established under paragraph (1) to
promote, implement, deploy, demonstrate, showcase,
support, and document the application of advanced
digital construction management systems, practices,
performance, and benefits.
``(B) Goals.--The goals of the accelerated
implementation and deployment of advanced digital
construction management systems program established
under subparagraph (A) shall include--
``(i) accelerated State adoption of advanced
digital construction management systems applied
throughout the construction lifecycle (including
through the design and engineering, construction,
and operations phases) that--
``(I) maximize interoperability with
other systems, products, tools, or
applications;
``(II) boost productivity;
``(III) manage complexity;
``(IV) reduce project delays and
cost overruns; and
``(V) enhance safety and quality;
``(ii) more timely and productive information-
sharing among stakeholders through reduced
reliance on paper to manage construction processes
and deliverables such as blueprints, design
drawings,
[[Page 135 STAT. 634]]
procurement and supply-chain orders, equipment
logs, daily progress reports, and punch lists;
``(iii) deployment of digital management
systems that enable and leverage the use of
digital technologies on construction sites by
contractors, such as state-of-the-art automated
and connected machinery and optimized routing
software that allows construction workers to
perform tasks faster, safer, more accurately, and
with minimal supervision;
``(iv) the development and deployment of best
practices for use in digital construction
management;
``(v) increased technology adoption and
deployment by States and units of local government
that enables project sponsors--
``(I) to integrate the adoption of
digital management systems and
technologies in contracts; and
``(II) to weigh the cost of
digitization and technology in setting
project budgets;
``(vi) technology training and workforce
development to build the capabilities of project
managers and sponsors that enables States and
units of local government--
``(I) to better manage projects
using advanced construction management
technologies; and
``(II) to properly measure and
reward technology adoption across
projects of the State or unit of local
government;
``(vii) development of guidance to assist
States in updating regulations of the State to
allow project sponsors and contractors--
``(I) to report data relating to the
project in digital formats; and
``(II) to fully capture the
efficiencies and benefits of advanced
digital construction management systems
and related technologies;
``(viii) reduction in the environmental
footprint of construction projects using advanced
digital construction management systems resulting
from elimination of congestion through more
efficient projects; and
``(ix) enhanced worker and pedestrian safety
resulting from increased transparency.
``(C) <<NOTE: Time period.>> Funding.--For each of
fiscal years 2022 through 2026, the Secretary shall
obligate from funds made available to carry out this
subsection $20,000,000 to accelerate the deployment and
implementation of advanced digital construction
management systems.
``(D) Publication.--
``(i) <<NOTE: Public information. Web
posting. Reports.>> In general.--Not less
frequently than annually, the Secretary shall
issue and make available to the public on a
website a report on--
``(I) progress made in the
implementation of advanced digital
management systems by States; and
[[Page 135 STAT. 635]]
``(II) the costs and benefits of the
deployment of new technology and
innovations that substantially and
directly resulted from the program
established under this paragraph.
``(ii) <<NOTE: Analysis.>> Inclusions.--The
report under clause (i) may include an analysis
of--
``(I) Federal, State, and local cost
savings;
``(II) project delivery time
improvements;
``(III) congestion impacts; and
``(IV) safety improvements for
roadway users and construction
workers.''.
(b) Advanced Transportation Technologies and Innovative Mobility
Deployment.--Section 503(c)(4) of title 23, United States Code, is
amended--
(1) in the heading, by inserting ``and innovative mobility''
before ``deployment'';
(2) by striking subparagraph (A) and inserting the
following:
``(A) <<NOTE: Grants.>> In general.--The Secretary
shall provide grants to eligible entities to deploy,
install, and operate advanced transportation
technologies to improve safety, mobility, efficiency,
system performance, intermodal connectivity, and
infrastructure return on investment.'';
(3) in subparagraph (B)--
(A) in clause (i), by striking ``the enhanced use''
and inserting ``optimization'';
(B) in clause (v)--
(i) by striking ``transit,'' and inserting
``work zone, weather, transit, paratransit,''; and
(ii) by striking ``and accessible
transportation'' and inserting ``, accessible, and
integrated transportation and transportation
services'';
(C) by redesignating clauses (i) through (viii) as
clauses (iii), (iv), (v), (vi), (vii), (ix), (x), and
(xi), respectively;
(D) by inserting before clause (iii) (as so
redesignated) the following:
``(i) improve the mobility of people and
goods;
``(ii) improve the durability and extend the
life of transportation infrastructure;'';
(E) in clause (iv) (as so redesignated), by striking
``deliver'' and inserting ``protect the environment and
deliver'';
(F) by inserting after clause (vii) (as so
redesignated) the following:
``(viii) facilitate account-based payments for
transportation access and services and integrate
payment systems across modes;'';
(G) in clause (x) (as so redesignated), by striking
``or'' at the end;
(H) in clause (xi) (as so redesignated)--
(i) by inserting ``vehicle-to-pedestrian,''
after ``vehicle-to-infrastructure,''; and
(ii) by striking the period at the end and
inserting ``; or''; and
(I) by adding at the end the following:
``(xii) incentivize travelers--
[[Page 135 STAT. 636]]
``(I) to share trips during periods
in which travel demand exceeds system
capacity; or
``(II) to shift trips to periods in
which travel demand does not exceed
system capacity.'';
(4) in subparagraph (C)--
(A) in clause (i), by striking ``Not later'' and all
that follows through ``thereafter'' and inserting ``Each
fiscal year for which funding is made available for
activities under this paragraph''; and
(B) in clause (ii)--
(i) in subclause (I), by inserting
``mobility,'' after ``safety,''; and
(ii) in subclause (II)--
(I) in item (bb), by striking
``and'' at the end;
(II) in item (cc), by striking the
period at the end and inserting ``;
and''; and
(III) by adding at the end the
following:
``(dd) facilitating payment
for transportation services.'';
(5) in subparagraph (D)--
(A) in clause (i), by striking ``Not later'' and all
that follows through ``thereafter'' and inserting ``Each
fiscal year for which funding is made available for
activities under this paragraph''; and
(B) in clause (ii)--
(i) by striking ``In awarding'' and inserting
the following:
``(I) In general.--Subject to
subclause (II), in awarding''; and
(ii) by adding at the end the following:
``(II) Rural set-aside.--Not less
than 20 percent of the amounts made
available to carry out this paragraph
shall be reserved for projects serving
rural areas.'';
(6) in subparagraph (E)--
(A) by redesignating clauses (iii) through (ix) as
clauses (iv), (v), (vi), (vii), (viii), (xi), and (xiv),
respectively;
(B) by inserting after clause (ii) the following:
``(iii) advanced transportation technologies
to improve emergency evacuation and response by
Federal, State, and local authorities;'';
(C) by inserting after clause (viii) (as so
redesignated) the following:
``(ix) integrated corridor management systems;
``(x) advanced parking reservation or variable
pricing systems;'';
(D) in clause (xi) (as so redesignated)--
(i) by inserting ``, toll collection,'' after
``pricing''; and
(ii) by striking ``or'' at the end;
(E) by inserting after clause (xi) (as so
redesignated) the following:
``(xii) technology that enhances high
occupancy vehicle toll lanes, cordon pricing, or
congestion pricing;
``(xiii) integration of transportation service
payment systems;'';
(F) in clause (xiv) (as so redesignated)--
[[Page 135 STAT. 637]]
(i) by striking ``and access'' and inserting
``, access, and on-demand transportation
service'';
(ii) by inserting ``and other shared-use
mobility applications'' after ``ridesharing''; and
(iii) by striking the period at the end and
inserting a semicolon; and
(G) by adding at the end the following:
``(xv) retrofitting dedicated short-range
communications (DSRC) technology deployed as part
of an existing pilot program to cellular vehicle-
to-everything (C-V2X) technology, subject to the
condition that the retrofitted technology operates
only within the existing spectrum allocations for
connected vehicle systems; or
``(xvi) advanced transportation technologies,
in accordance with the research areas described in
section 6503 of title 49.'';
(7) in subparagraph (F)(ii)(IV), by striking ``efficiency
and multimodal system performance'' and inserting ``mobility,
efficiency, multimodal system performance, and payment system
performance'';
(8) in subparagraph (G)--
(A) by redesignating clauses (vi) through (viii) as
clauses (vii) through (ix), respectively; and
(B) by inserting after clause (v) the following:
``(vi) improved integration of payment
systems;'';
(9) in subparagraph (I)(i), by striking ``fiscal years 2016
through 2020'' and inserting ``fiscal years 2022 through 2026'';
(10) in subparagraph (J), by striking ``50'' and inserting
``80''; and
(11) in subparagraph (N)--
(A) in the matter preceding clause (i), by striking
``, the following definitions apply'';
(B) in clause (i), by striking ``representing a
population of over 200,000''; and
(C) in clause (iii), in the matter preceding
subclause (I), by striking ``a any'' and inserting
``any''.
(c) Center of Excellence on New Mobility and Automated Vehicles.--
Section 503(c) of title 23, United States Code (as amended by subsection
(a)(3)(D)), is amended by adding at the end the following:
``(6) Center of excellence.--
``(A) Definitions.--In this paragraph:
``(i) Highly automated vehicle.--The term
`highly automated vehicle' means a motor vehicle
that--
``(I) has a taxable gross weight (as
defined in section 41.4482(b)-1 of title
26, Code of Federal Regulations (or
successor regulations)) of 10,000 pounds
or less; and
``(II) is equipped with a Level 3,
Level 4, or Level 5 automated driving
system (as defined in the SAE
International Recommended Practice
numbered J3016 and dated June 15, 2018
(or a subsequent standard adopted by the
Secretary)).
``(ii) New mobility.--The term `new mobility'
includes shared services such as--
``(I) docked and dockless bicycles;
[[Page 135 STAT. 638]]
``(II) docked and dockless electric
scooters; and
``(III) transportation network
companies.
``(B) <<NOTE: Deadline.>> Establishment.--Not later
than 1 year after the date of enactment of the Surface
Transportation Reauthorization Act of 2021, the
Secretary shall establish a Center of Excellence to
collect, conduct, and fund research on the impacts of
new mobility and highly automated vehicles on land use,
urban design, transportation, real estate, equity, and
municipal budgets.
``(C) Report.--Not later than 1 year after the date
on which the Center of Excellence is established, the
Secretary shall submit a report that describes the
results of the research regarding the impacts of new
mobility and highly automated vehicles to the Committees
on Environment and Public Works and Commerce, Science,
and Transportation of the Senate and the Committees on
Transportation and Infrastructure and Energy and
Commerce of the House of Representatives.
``(D) Partnerships.--In establishing the Center of
Excellence under subparagraph (B), the Secretary shall
enter into appropriate partnerships with any institution
of higher education (as defined in section 101 of the
Higher Education Act of 1965 (20 U.S.C. 1001)) or public
or private research entity.''.
(d) <<NOTE: Reports.>> Accelerated Implementation and Deployment of
Advanced Digital Construction Management Systems.--Not later than 1 year
after the date of enactment of this Act, the Secretary shall submit to
the Committee on Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives a report that includes--
(1) a description of--
(A) the current status of the use of advanced
digital construction management systems in each State;
and
(B) the progress of each State toward accelerating
the adoption of advanced digital construction management
systems; and
(2) <<NOTE: Analysis.>> an analysis of the savings in
project delivery time and project costs that can be achieved
through the use of advanced digital construction management
systems.
(e) <<NOTE: 23 USC 503 note.>> Open Challenge and Research Proposal
Pilot Program.--
(1) In general.--The Secretary shall establish an open
challenge and research proposal pilot program under which
eligible entities may propose open highway challenges and
research proposals that are linked to identified or potential
research needs.
(2) Requirements.--A research proposal submitted to the
Secretary by an eligible entity shall address--
(A) a research need identified by the Secretary or
the Administrator of the Federal Highway Administration;
or
(B) an issue or challenge that the Secretary
determines to be important.
(3) Eligible entities.--An entity eligible to submit a
research proposal under the pilot program under paragraph (1)
is--
(A) a State;
[[Page 135 STAT. 639]]
(B) a unit of local government;
(C) a university transportation center under section
5505 of title 49, United States Code;
(D) a private nonprofit organization;
(E) a private sector organization working in
collaboration with an entity described in subparagraphs
(A) through (D); and
(F) any other individual or entity that the
Secretary determines to be appropriate.
(4) Project review.--The Secretary shall--
(A) review each research proposal submitted under
the pilot program under paragraph (1); and
(B) <<NOTE: Notice.>> provide to the eligible
entity a written notice that--
(i) if the research proposal is not selected--
(I) notifies the eligible entity
that the research proposal has not been
selected for funding;
(II) provides an explanation as to
why the research proposal was not
selected, including if the research
proposal does not cover an area of need;
and
(III) <<NOTE: Recommenda- tions.>>
if applicable, recommend that the
research proposal be submitted to
another research program and provide
guidance and direction to the eligible
entity and the proposed research program
office; and
(ii) <<NOTE: Notification.>> if the research
proposal is selected, notifies the eligible entity
that the research proposal has been selected for
funding.
(5) Federal share.--
(A) In general.--The Federal share of the cost of an
activity carried out under this subsection shall not
exceed 80 percent.
(B) Non-federal share.--All costs directly incurred
by the non-Federal partners, including personnel,
travel, facility, and hardware development costs, shall
be credited toward the non-Federal share of the cost of
an activity carried out under this subsection.
(f) Conforming Amendment.--Section 167 of title 23, United States
Code, is amended--
(1) by striking subsection (h); and
(2) by redesignating subsections (i) through (l) as
subsections (h) through (k), respectively.
SEC. 13007. WORKFORCE DEVELOPMENT, TRAINING, AND EDUCATION.
(a) Surface Transportation Workforce Development, Training, and
Education.--Section 504(e) of title 23, United States Code, is amended--
(1) in paragraph (1)--
(A) by redesignating subparagraphs (D) through (G)
as subparagraphs (E), (F), (H), and (I), respectively;
(B) by inserting after subparagraph (C) the
following:
``(D) pre-apprenticeships, apprenticeships, and
career opportunities for on-the-job training;'';
(C) in subparagraph (E) (as so redesignated), by
striking ``or community college'' and inserting ``,
college, community college, or vocational school''; and
[[Page 135 STAT. 640]]
(D) by inserting after subparagraph (F) (as so
redesignated) the following:
``(G) activities associated with workforce training
and employment services, such as targeted outreach and
partnerships with industry, economic development
organizations, workforce development boards, and labor
organizations;'';
(2) in paragraph (2), by striking ``paragraph (1)(G)'' and
inserting ``paragraph (1)(I)''; and
(3) in paragraph (3)--
(A) by striking the period at the end and inserting
a semicolon;
(B) by striking ``including activities'' and
inserting the following: ``including--
``(A) activities''; and
(C) by adding at the end the following:
``(B) activities that address current workforce
gaps, such as work on construction projects, of State
and local transportation agencies;
``(C) activities to develop a robust surface
transportation workforce with new skills resulting from
emerging transportation technologies; and
``(D) activities to attract new sources of job-
creating investment.''.
(b) Transportation Education and Training Development and Deployment
Program.--Section 504(f) of title 23, United States Code, is amended--
(1) in the subsection heading, by striking ``Development''
and inserting ``and Training Development and Deployment'';
(2) by striking paragraph (1) and inserting the following:
``(1) <<NOTE: Grants.>> Establishment.--The Secretary shall
establish a program to make grants to educational institutions
or State departments of transportation, in partnership with
industry and relevant Federal departments and agencies--
``(A) to develop, test, and review new curricula and
education programs to train individuals at all levels of
the transportation workforce; or
``(B) to implement the new curricula and education
programs to provide for hands-on career opportunities to
meet current and future needs.'';
(3) in paragraph (2)--
(A) in the matter preceding subparagraph (A), by
striking ``shall'' and inserting ``may'';
(B) in subparagraph (A), by inserting ``current or
future'' after ``specific''; and
(C) in subparagraph (E)--
(i) by striking ``in nontraditional
departments'';
(ii) by inserting ``construction,'' after
``such as''; and
(iii) by inserting ``or emerging'' after
``industrial'';
(4) by redesignating paragraph (3) as paragraph (4); and
(5) by inserting after paragraph (2) the following:
``(3) Reporting.--The Secretary shall establish minimum
reporting requirements for grant recipients under this
subsection, which may include, with respect to a program carried
out with a grant under this subsection--
[[Page 135 STAT. 641]]
``(A) the percentage or number of program
participants that are employed during the second quarter
after exiting the program;
``(B) the percentage or number of program
participants that are employed during the fourth quarter
after exiting the program;
``(C) the median earnings of program participants
that are employed during the second quarter after
exiting the program;
``(D) the percentage or number of program
participants that obtain a recognized postsecondary
credential or a secondary school diploma (or a
recognized equivalent) during participation in the
program or by not later than 1 year after exiting the
program; and
``(E) the percentage or number of program
participants that, during a program year--
``(i) are in an education or training program
that leads to a recognized postsecondary
credential or employment; and
``(ii) are achieving measurable skill gains
toward such a credential or employment.''.
(c) Use of Funds.--Section 504 of title 23, United States Code, is
amended by adding at the end the following:
``(i) Use of Funds.--The Secretary may use funds made available to
carry out this section to carry out activities related to workforce
development and technical assistance and training if--
``(1) the activities are authorized by another provision of
this title; and
``(2) the activities are for entities other than employees
of the Secretary, such as States, units of local government,
Federal land management agencies, and Tribal governments.''.
SEC. 13008. WILDLIFE-VEHICLE COLLISION RESEARCH.
(a) General Authorities and Requirements Regarding Wildlife and
Habitat.--Section 515(h)(2) of title 23, United States Code, is
amended--
(1) in subparagraph (K), by striking ``and'' at the end;
(2) by redesignating subparagraphs (D), (E), (F), (G), (H),
(I), (J), (K), and (L) as subparagraphs (E), (F), (G), (H), (I),
(K), (L), (M), and (O), respectively;
(3) by inserting after subparagraph (C) the following:
``(D) a representative from a State, local, or
regional wildlife, land use, or resource management
agency;'';
(4) by inserting after subparagraph (I) (as so redesignated)
the following:
``(J) an academic researcher who is a biological or
ecological scientist with expertise in transportation
issues;''; and
(5) by inserting after subparagraph (M) (as so redesignated)
the following:
``(N) a representative from a public interest group
concerned with the impact of the transportation system
on terrestrial and aquatic species and the habitat of
those species; and''.
(b) Animal Detection Systems Research and Development.--Section
516(b)(6) of title 23, United States Code, is amended
[[Page 135 STAT. 642]]
by inserting ``, including animal detection systems to reduce the number
of wildlife-vehicle collisions'' after ``systems''.
SEC. 13009. TRANSPORTATION RESILIENCE AND ADAPTATION CENTERS OF
EXCELLENCE.
(a) In General.--Chapter 5 of title 23, United States Code, is
amended by adding at the end the following:
``Sec. 520. <<NOTE: 23 USC 520.>> Transportation Resilience and
Adaptation Centers of Excellence
``(a) Definition of Center of Excellence.--In this section, the term
`Center of Excellence' means a Center of Excellence for Resilience and
Adaptation designated under subsection (b).
``(b) <<NOTE: Grants.>> Designation.--The Secretary shall designate
10 regional Centers of Excellence for Resilience and Adaptation and 1
national Center of Excellence for Resilience and Adaptation, which shall
serve as a coordinator for the regional Centers, to receive grants to
advance research and development that improves the resilience of regions
of the United States to natural disasters and extreme weather by
promoting the resilience of surface transportation infrastructure and
infrastructure dependent on surface transportation.
``(c) Eligibility.--An entity eligible to be designated as a Center
of Excellence is--
``(1) an institution of higher education (as defined in
section 102 of the Higher Education Act of 1965 (20 U.S.C.
1002)); or
``(2) a consortium of nonprofit organizations led by an
institution of higher education.
``(d) <<NOTE: Proposal.>> Application.--To be eligible to be
designated as a Center of Excellence, an eligible entity shall submit to
the Secretary an application at such time, in such manner, and
containing such information as the Secretary may require, including a
proposal that includes a description of the activities to be carried out
with a grant under this section.
``(e) Selection.--
``(1) Regional centers of excellence.--The Secretary shall
designate 1 regional Center of Excellence in each of the 10
Federal regions that comprise the Standard Federal Regions
established by the Office of Management and Budget in the
document entitled `Standard Federal Regions' and dated April
1974 (circular A-105).
``(2) National center of excellence.--The Secretary shall
designate 1 national Center of Excellence to coordinate the
activities of all 10 regional Centers of Excellence to minimize
duplication and promote coordination and dissemination of
research among the Centers.
``(3) Criteria.--In selecting eligible entities to designate
as a Center of Excellence, the Secretary shall consider--
``(A) the past experience and performance of the
eligible entity in carrying out activities described in
subsection (g);
``(B) the merits of the proposal of an eligible
entity and the extent to which the proposal would--
``(i) advance the state of practice in
resilience planning and identify innovative
resilience solutions for transportation assets and
systems;
[[Page 135 STAT. 643]]
``(ii) support activities carried out under
the PROTECT program under section 176;
``(iii) support and build on work being
carried out by another Federal agency relating to
resilience;
``(iv) inform transportation decisionmaking at
all levels of government;
``(v) engage local, regional, Tribal, State,
and national stakeholders, including, if
applicable, stakeholders representing
transportation, transit, urban, and land use
planning, natural resources, environmental
protection, hazard mitigation, and emergency
management; and
``(vi) engage community groups and other
stakeholders that will be affected by
transportation decisions, including underserved,
economically disadvantaged, rural, and
predominantly minority communities; and
``(C) the local, regional, Tribal, State, and
national impacts of the proposal of the eligible entity.
``(f) <<NOTE: Time period.>> Grants.--Subject to the availability
of appropriations, the Secretary shall provide to each Center of
Excellence a grant of not less than $5,000,000 for each of fiscal years
2022 through 2031 to carry out the activities described in subsection
(g).
``(g) Activities.--In carrying out this section, the Secretary shall
ensure that a Center of Excellence uses the funds from a grant under
subsection (f) to promote resilient transportation infrastructure,
including through--
``(1) supporting climate vulnerability assessments informed
by climate change science, including national climate
assessments produced by the United States Global Change Research
Program under section 106 of the Global Change Research Act of
1990 (15 U.S.C. 2936), relevant feasibility analyses of
resilient transportation improvements, and transportation
resilience planning;
``(2) development of new design, operations, and maintenance
standards for transportation infrastructure that can inform
Federal and State decisionmaking;
``(3) research and development of new materials and
technologies that could be integrated into existing and new
transportation infrastructure;
``(4) development, refinement, and piloting of new and
emerging resilience improvements and strategies, including
natural infrastructure approaches and relocation;
``(5) development of and investment in new approaches for
facilitating meaningful engagement in transportation
decisionmaking by local, Tribal, regional, or national
stakeholders and communities;
``(6) technical capacity building to facilitate the ability
of local, regional, Tribal, State, and national stakeholders--
``(A) <<NOTE: Assessment.>> to assess the
vulnerability of transportation infrastructure assets
and systems;
``(B) to develop community response strategies;
``(C) to meaningfully engage with community
stakeholders; and
``(D) <<NOTE: Strategies.>> to develop strategies
and improvements for enhancing transportation
infrastructure resilience under
[[Page 135 STAT. 644]]
current conditions and a range of potential future
conditions;
``(7) workforce development and training;
``(8) <<NOTE: Assessments.>> development and dissemination
of data, tools, techniques, assessments, and information that
informs Federal, State, Tribal, and local government
decisionmaking, policies, planning, and investments;
``(9) education and outreach regarding transportation
infrastructure resilience; and
``(10) technology transfer and commercialization.
``(h) Federal Share.--The Federal share of the cost of an activity
under this section, including the costs of establishing and operating a
Center of Excellence, shall be 50 percent.''.
(b) Clerical Amendment.--The analysis for chapter 5 of title 23,
United States Code, <<NOTE: 23 USC 501 prec.>> is amended by adding at
the end the following:
``520. Transportation Resilience and Adaptation Centers of
Excellence.''.
SEC. 13010. <<NOTE: 23 USC 134 note.>> TRANSPORTATION ACCESS
PILOT PROGRAM.
(a) Definitions.--In this section:
(1) Metropolitan planning organization.--The term
``metropolitan planning organization'' has the meaning given the
term in section 134(b) of title 23, United States Code.
(2) State.--The term ``State'' has the meaning given the
term in section 101(a) of title 23, United States Code.
(3) Surface transportation modes.--The term ``surface
transportation modes'' means--
(A) driving;
(B) public transportation;
(C) walking;
(D) cycling; and
(E) a combination of any of the modes of
transportation described in subparagraphs (A) through
(D).
(4) Pilot program.--The term ``pilot program'' means the
transportation pilot program established under subsection (b).
(5) Regional transportation planning organization.--The term
``regional transportation planning organization'' has the
meaning given the term in section 134(b) of title 23, United
States Code.
(b) <<NOTE: Deadline.>> Establishment.--Not later than 1 year after
the date of enactment of this Act, the Secretary shall establish a
transportation pilot program.
(c) <<NOTE: Contracts. Data.>> Purpose.--The purpose of the pilot
program is to develop or procure an accessibility data set and make that
data set available to each eligible entity selected to participate in
the pilot program--
(1) to improve the transportation planning of those eligible
entities by--
(A) measuring the level of access by surface
transportation modes to important destinations, which
may include--
(i) jobs;
(ii) health care facilities;
(iii) child care services;
(iv) educational and workforce training
facilities;
(v) housing;
(vi) food sources;
[[Page 135 STAT. 645]]
(vii) points within the supply chain for
freight commodities;
(viii) domestic or international markets; and
(ix) connections between surface
transportation modes; and
(B) disaggregating the level of access by surface
transportation modes by a variety of--
(i) population categories, which may include--
(I) low-income populations;
(II) minority populations;
(III) age;
(IV) disability; and
(V) geographical location; or
(ii) freight commodities, which may include--
(I) agricultural commodities;
(II) raw materials;
(III) finished products; and
(IV) energy commodities; and
(2) to assess the change in accessibility that would result
from new transportation investments.
(d) Eligible Entities.--An entity eligible to participate in the
pilot program is--
(1) a State;
(2) a metropolitan planning organization; or
(3) a regional transportation planning organization.
(e) Application.--To be eligible to participate in the pilot
program, an eligible entity shall submit to the Secretary an application
at such time, in such manner, and containing such information as the
Secretary may require, including information relating to--
(1) previous experience of the eligible entity measuring
transportation access or other performance management
experience, if applicable;
(2) the types of important destinations to which the
eligible entity intends to measure access;
(3) the types of data disaggregation the eligible entity
intends to pursue;
(4) a general description of the methodology the eligible
entity intends to apply; and
(5) if the applicant does not intend the pilot program to
apply to the full area under the jurisdiction of the applicant,
a description of the geographic area in which the applicant
intends the pilot program to apply.
(f) Selection.--
(1) In general.--The Secretary shall seek to achieve
diversity of participants in the pilot program by selecting a
range of eligible entities that shall include--
(A) States;
(B) metropolitan planning organizations that serve
an area with a population of 200,000 people or fewer;
(C) metropolitan planning organizations that serve
an area with a population of over 200,000 people; and
(D) regional transportation planning organizations.
(2) Inclusions.--The Secretary shall seek to ensure that,
among the eligible entities selected under paragraph (1), there
is--
(A) a range of capacity and previous experience with
measuring transportation access; and
[[Page 135 STAT. 646]]
(B) a variety of proposed methodologies and focus
areas for measuring level of access.
(g) Duties.--For each eligible entity participating in the pilot
program, the Secretary shall--
(1) develop or acquire an accessibility data set described
in subsection (c); and
(2) submit the data set to the eligible entity.
(h) Methodology.--In calculating the measures for the data set under
the pilot program, the Secretary shall ensure that methodology is open
source.
(i) Availability.--The Secretary shall make an accessibility data
set under the pilot program available to--
(1) units of local government within the jurisdiction of the
eligible entity participating in the pilot program; and
(2) researchers.
(j) Report.--Not later than 2 years after the date of enactment of
this Act, and every 2 years thereafter, the Secretary shall submit to
the Committee on Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives a report on the results of the pilot program, including
the feasibility of developing and providing periodic accessibility data
sets for all States, regions, and localities.
(k) Transportation System Access.--
(1) In general.--The Secretary shall establish consistent
measures that States, metropolitan planning organizations, and
regional transportation planning organizations may choose to
adopt to assess the level of safe and convenient access by
surface transportation modes to important destinations as
described in subsection (c)(1)(A).
(2) Savings provision.--Nothing in this section provides the
Secretary the authority--
(A) to establish a performance measure or require
States or metropolitan planning organizations to set a
performance target for access as described in paragraph
(1); or
(B) to establish any other Federal requirement.
(l) Funding.--The Secretary shall carry out the pilot program using
amounts made available to the Secretary for administrative expenses to
carry out programs under the authority of the Secretary.
(m) Sunset.--The pilot program shall terminate on the date that is 8
years after the date on which the pilot program is implemented.
TITLE IV--INDIAN AFFAIRS
SEC. 14001. <<NOTE: 23 USC 202 note.>> DEFINITION OF SECRETARY.
In this title, the term ``Secretary'' means the Secretary of the
Interior.
SEC. 14002. <<NOTE: 23 USC 202 note.>> ENVIRONMENTAL REVIEWS FOR
CERTAIN TRIBAL TRANSPORTATION
FACILITIES.
(a) Definition of Tribal Transportation Safety Project.--
(1) In general.--In this section, the term ``tribal
transportation safety project'' means a project described in
paragraph (2) that is eligible for funding under section 202 of
title 23, United States Code.
[[Page 135 STAT. 647]]
(2) Project described.--A project described in this
paragraph is a project that corrects or improves a hazardous
road location or feature or addresses a highway safety problem
through 1 or more of the activities described in any of the
clauses under section 148(a)(4)(B) of title 23, United States
Code.
(b) Reviews of Tribal Transportation Safety Projects.--
(1) In general.--The Secretary or the Secretary of
Transportation, as applicable, or the head of another Federal
agency responsible for a decision related to a tribal
transportation safety project shall complete any approval or
decision for the review of the tribal transportation safety
project required under the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.) or any other applicable Federal
law on an expeditious basis using the shortest existing
applicable process.
(2) <<NOTE: Deadline.>> Review of applications.--Not later
than 45 days after the date of receipt of a complete application
by an Indian tribe for approval of a tribal transportation
safety project, the Secretary or the Secretary of
Transportation, as applicable, shall--
(A) take final action on the application; or
(B) <<NOTE: Schedule.>> provide the Indian tribe a
schedule for completion of the review described in
paragraph (1), including the identification of any other
Federal agency that has jurisdiction with respect to the
project.
(3) <<NOTE: Deadline.>> Decisions under other federal
laws.--In any case in which a decision under any other Federal
law relating to a tribal transportation safety project
(including the issuance or denial of a permit or license) is
required, not later than 45 days after the Secretary or the
Secretary of Transportation, as applicable, has made all
decisions of the lead agency under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect to the
project, the head of the Federal agency responsible for the
decision shall--
(A) make the applicable decision; or
(B) <<NOTE: Schedule.>> provide the Indian tribe a
schedule for making the decision.
(4) <<NOTE: Time period. Notice.>> Extensions.--The
Secretary or the Secretary of Transportation, as applicable, or
the head of the Federal agency may extend the period under
paragraph (2) or (3), as applicable, by an additional 30 days by
providing the Indian tribe notice of the extension, including a
statement of the need for the extension.
(5) Notification and explanation.--In any case in which a
required action is not completed by the deadline under paragraph
(2), (3), or (4), as applicable, the Secretary, the Secretary of
Transportation, or the head of a Federal agency, as applicable,
shall--
(A) notify the Committees on Indian Affairs and
Environment and Public Works of the Senate and the
Committee on Natural Resources of the House of
Representatives of the failure to comply with the
deadline; and
(B) provide to the Committees described in
subparagraph (A) a detailed explanation of the reasons
for the failure to comply with the deadline.
[[Page 135 STAT. 648]]
SEC. 14003. <<NOTE: Contracts. 23 USC 202 note.>> PROGRAMMATIC
AGREEMENTS FOR TRIBAL CATEGORICAL
EXCLUSIONS.
(a) <<NOTE: Procedures. Reviews.>> In General.--The Secretary and
the Secretary of Transportation shall enter into programmatic agreements
with Indian tribes that establish efficient administrative procedures
for carrying out environmental reviews for projects eligible for
assistance under section 202 of title 23, United States Code.
(b) Inclusions.--A programmatic agreement under subsection (a)--
(1) <<NOTE: Determination.>> may include an agreement that
allows an Indian tribe to determine, on behalf of the Secretary
and the Secretary of Transportation, whether a project is
categorically excluded from the preparation of an environmental
assessment or environmental impact statement under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and
(2) shall--
(A) <<NOTE: Requirements.>> require that the Indian
tribe maintain adequate capability in terms of personnel
and other resources to carry out applicable agency
responsibilities pursuant to section 1507.2 of title 40,
Code of Federal Regulations (or successor regulations);
(B) <<NOTE: Determinations.>> set forth the
responsibilities of the Indian tribe for making
categorical exclusion determinations, documenting the
determinations, and achieving acceptable quality control
and quality assurance;
(C) allow--
(i) the Secretary and the Secretary of
Transportation to monitor compliance of the Indian
tribe with the terms of the agreement; and
(ii) the Indian tribe to execute any needed
corrective action;
(D) contain stipulations for amendments,
termination, and public availability of the agreement
once the agreement has been executed; and
(E) <<NOTE: Time period. Review.>> have a term of
not more than 5 years, with an option for renewal based
on a review by the Secretary and the Secretary of
Transportation of the performance of the Indian tribe.
SEC. 14004. USE OF CERTAIN TRIBAL TRANSPORTATION FUNDS.
Section 202(d) of title 23, United States Code, is amended by
striking paragraph (2) and inserting the following:
``(2) Use of funds.--Funds made available to carry out this
subsection shall be used--
``(A) to carry out any planning, design,
engineering, preconstruction, construction, and
inspection of new or replacement tribal transportation
facility bridges;
``(B) to replace, rehabilitate, seismically
retrofit, paint, apply calcium magnesium acetate, sodium
acetate/formate, or other environmentally acceptable,
minimally corrosive anti-icing and deicing composition;
or
``(C) to implement any countermeasure for tribal
transportation facility bridges classified as in poor
condition, having a low load capacity, or needing
geometric improvements, including multiple-pipe
culverts.''.
[[Page 135 STAT. 649]]
SEC. 14005. BUREAU OF INDIAN AFFAIRS ROAD MAINTENANCE PROGRAM.
There are authorized to be appropriated to the Director of the
Bureau of Indian Affairs to carry out the road maintenance program of
the Bureau--
(1) $50,000,000 for fiscal year 2022;
(2) $52,000,000 for fiscal year 2023;
(3) $54,000,000 for fiscal year 2024;
(4) $56,000,000 for fiscal year 2025; and
(5) $58,000,000 for fiscal year 2026.
SEC. 14006. <<NOTE: 23 USC 202 note.>> STUDY OF ROAD MAINTENANCE
ON INDIAN LAND.
(a) Definitions.--In this section:
(1) Indian land.--The term ``Indian land'' has the meaning
given the term ``Indian lands'' in section 3 of the Native
American Business Development, Trade Promotion, and Tourism Act
of 2000 (25 U.S.C. 4302).
(2) Indian tribe.--The term ``Indian tribe'' has the meaning
given the term in section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 5304).
(3) Road.--The term ``road'' means a road managed in whole
or in part by the Bureau of Indian Affairs.
(4) Secretary.--The term ``Secretary'' means the Secretary,
acting through the Assistant Secretary for Indian Affairs.
(b) <<NOTE: Deadline. Consultation. Evaluation.>> Study.--Not later
than 2 years after the date of enactment of this Act, the Secretary, in
consultation with the Secretary of Transportation, shall carry out a
study to evaluate--
(1) the long-term viability and useful life of existing
roads on Indian land;
(2) any steps necessary to achieve the goal of addressing
the deferred maintenance backlog of existing roads on Indian
land;
(3) programmatic reforms and performance enhancements
necessary to achieve the goal of restructuring and streamlining
road maintenance programs on existing or future roads located on
Indian land; and
(4) <<NOTE: Recommenda- tions.>> recommendations on how to
implement efforts to coordinate with States, counties,
municipalities, and other units of local government to maintain
roads on Indian land.
(c) Tribal Consultation and Input.--Before beginning the study under
subsection (b), the Secretary shall--
(1) consult with any Indian tribes that have jurisdiction
over roads eligible for funding under the road maintenance
program of the Bureau of Indian Affairs; and
(2) solicit and consider the input, comments, and
recommendations of the Indian tribes described in paragraph (1).
(d) <<NOTE: Consultation.>> Report.--On completion of the study
under subsection (b), the Secretary, in consultation with the Secretary
of Transportation, shall submit to the Committees on Indian Affairs and
Environment and Public Works of the Senate and the Committees on Natural
Resources and Transportation and Infrastructure of the House of
Representatives a report on the results and findings of the study.
(e) <<NOTE: Consultation.>> Status Report.--Not later than 2 years
after the date of enactment of this Act, and not less frequently than
every 2 years thereafter, the Secretary, in consultation with the
Secretary of Transportation, shall submit to the Committees on Indian
Affairs
[[Page 135 STAT. 650]]
and Environment and Public Works of the Senate and the Committees on
Natural Resources and Transportation and Infrastructure of the House of
Representatives a report that includes a description of--
(1) the progress made toward addressing the deferred
maintenance needs of the roads on Indian land, including a list
of projects funded during the fiscal period covered by the
report;
(2) the outstanding needs of the roads that have been
provided funding to address the deferred maintenance needs;
(3) the remaining needs of any of the projects referred to
in paragraph (1);
(4) how the goals described in subsection (b) have been met,
including--
(A) <<NOTE: Assessment.>> an identification and
assessment of any deficiencies or shortfalls in meeting
the goals; and
(B) <<NOTE: Plan.>> a plan to address the
deficiencies or shortfalls in meeting the goals; and
(5) <<NOTE: Recommenda- tions. Determination.>> any other
issues or recommendations provided by an Indian tribe under the
consultation and input process under subsection (c) that the
Secretary determines to be appropriate.
SEC. 14007. <<NOTE: Transfer authority. 23 USC 202 note.>>
MAINTENANCE OF CERTAIN INDIAN
RESERVATION ROADS.
The Commissioner of U.S. Customs and Border Protection may transfer
funds to the Director of the Bureau of Indian Affairs to maintain,
repair, or reconstruct roads under the jurisdiction of the Director,
subject to the condition that the Commissioner and the Director shall
mutually agree that the primary user of the subject road is U.S. Customs
and Border Protection.
SEC. 14008. TRIBAL TRANSPORTATION SAFETY NEEDS.
(a) <<NOTE: 23 USC 202 note.>> Definitions.--In this section:
(1) Alaska native.--The term ``Alaska Native'' has the
meaning given the term ``Native'' in section 3 of the Alaska
Native Claims Settlement Act (43 U.S.C. 1602).
(2) Alaska native village.--The term ``Alaska Native
village'' has the meaning given the term ``Native village'' in
section 3 of the Alaska Native Claims Settlement Act (43 U.S.C.
1602).
(3) Indian tribe.--The term ``Indian tribe'' has the meaning
given the term in section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 5304).
(b) Best Practices, Standardized Crash Report Form.--
(1) <<NOTE: Deadline. Consultation.>> In general.--Not
later than 1 year after the date of enactment of this Act, the
Secretary of Transportation, in consultation with the Secretary,
Indian tribes, Alaska Native villages, and State departments of
transportation shall develop--
(A) best practices for the compiling, analysis, and
sharing of motor vehicle crash data for crashes
occurring on Indian reservations and in Alaska Native
communities; and
(B) a standardized form for use by Indian tribes and
Alaska Native communities to carry out those best
practices.
(2) Purpose.--The purpose of the best practices and
standardized form developed under paragraph (1) shall be to
improve the quality and quantity of crash data available to
[[Page 135 STAT. 651]]
and used by the Federal Highway Administration, State
departments of transportation, Indian tribes, and Alaska Native
villages.
(3) Report.--On completion of the development of the best
practices and standardized form under paragraph (1), the
Secretary of Transportation shall submit to the Committees on
Indian Affairs and Environment and Public Works of the Senate
and the Committees on Natural Resources and Transportation and
Infrastructure of the House of Representatives a report
describing the best practices and standardized form.
(c) <<NOTE: Requirements.>> Use of IMARS.--The Director of the
Bureau of Indian Affairs shall require all law enforcement offices of
the Bureau, for the purpose of reporting motor vehicle crash data for
crashes occurring on Indian reservations and in Alaska Native
communities--
(1) to use the crash report form of the applicable State;
and
(2) to upload the information on that form to the Incident
Management Analysis and Reporting System (IMARS) of the
Department of the Interior.
(d) Tribal Transportation Program Safety Funding.--Section 202(e)(1)
of title 23, United States Code, is amended by striking ``2 percent''
and inserting ``4 percent''.
SEC. 14009. OFFICE OF TRIBAL GOVERNMENT AFFAIRS.
Section 102 of title 49, United States Code, is amended--
(1) in subsection (e)(1)--
(A) in the matter preceding subparagraph (A), by
striking ``6 Assistant'' and inserting ``7 Assistant'';
(B) in subparagraph (C), by striking ``and'' after
the semicolon;
(C) by redesignating subparagraph (D) as
subparagraph (E); and
(D) by inserting after subparagraph (C) the
following:
``(D) an Assistant Secretary for Tribal Government
Affairs, who shall be appointed by the President; and'';
and
(2) in subsection (f), by striking the subsection
designation and heading and all that follows through the end of
paragraph (1) and inserting the following:
``(f) Office of Tribal Government Affairs.--
``(1) Establishment.--There is established in the Department
an Office of Tribal Government Affairs, under the Assistant
Secretary for Tribal Government Affairs--
``(A) to oversee the tribal self-governance program
under section 207 of title 23;
``(B) to plan, coordinate, and implement policies
and programs serving Indian Tribes and Tribal
organizations;
``(C) to coordinate Tribal transportation programs
and activities in all offices and administrations of the
Department; and
``(D) to be a participant in any negotiated
rulemakings relating to, or having an impact on,
projects, programs, or funding associated with the
Tribal transportation program under section 202 of title
23.''.
[[Page 135 STAT. 652]]
DIVISION B-- <<NOTE: Surface Transportation Investment Act of
2021.>> SURFACE TRANSPORTATION INVESTMENT ACT OF 2021
SEC. 20001. <<NOTE: 49 USC 101 note.>> SHORT TITLE.
This division may be cited as the ``Surface Transportation
Investment Act of 2021''.
SEC. 20002. <<NOTE: 49 USC 101 note.>> DEFINITIONS.
In this division:
(1) Department.--The term ``Department'' means the
Department of Transportation.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
TITLE I--MULTIMODAL AND FREIGHT TRANSPORTATION
Subtitle A--Multimodal Freight Policy
SEC. 21101. OFFICE OF MULTIMODAL FREIGHT INFRASTRUCTURE AND
POLICY.
(a) In General.--Chapter 1 of title 49, United States Code, is
amended by adding at the end the following:
``Sec. 118. <<NOTE: 49 USC 118.>> Office of Multimodal Freight
Infrastructure and Policy
``(a) Definitions.--In this section:
``(1) Department.--The term `Department' means the
Department of Transportation.
``(2) Freight office.--The term `Freight Office' means the
Office of Multimodal Freight Infrastructure and Policy
established under subsection (b).
``(3) Secretary.--The term `Secretary' means the Secretary
of Transportation.
``(b) Establishment.--The Secretary shall establish within the
Department an Office of Multimodal Freight Infrastructure and Policy.
``(c) Purposes.--The purposes of the Freight Office shall be--
``(1) to carry out the national multimodal freight policy
described in section 70101;
``(2) to administer and oversee certain multimodal freight
grant programs within the Department in accordance with
subsection (d);
``(3) to promote and facilitate the sharing of information
between the private and public sectors with respect to freight
issues;
``(4) to conduct research on improving multimodal freight
mobility, and to oversee the freight research activities of the
various agencies within the Department;
``(5) to assist cities and States in developing freight
mobility and supply chain expertise;
``(6) to liaise and coordinate with other Federal
departments and agencies; and
[[Page 135 STAT. 653]]
``(7) to carry out other duties, as prescribed by the
Secretary.
``(d) Administration of Policies and Programs.--The Freight Office
shall--
``(1) develop and manage--
``(A) the national freight strategic plan described
in section 70102; and
``(B) the National Multimodal Freight Network
established under section 70103;
``(2)(A) oversee the development and updating of the State
freight plans described in section 70202; and
``(B) provide guidance or best practices relating to the
development and updating of State freight plans under that
section;
``(3)(A) administer multimodal freight grant programs,
including multimodal freight grants established under section
117 of title 23; and
``(B) <<NOTE: Procedures.>> establish procedures for
analyzing and evaluating applications for grants under those
programs;
``(4) assist States in the establishment of--
``(A) State freight advisory committees under
section 70201; and
``(B) multi-State freight mobility compacts under
section 70204; and
``(5) provide to the Bureau of Transportation Statistics
input regarding freight data and planning tools.
``(e) Assistant Secretary.--
``(1) In general.--The Freight Office shall be headed by an
Assistant Secretary for Multimodal Freight, who shall--
``(A) <<NOTE: Appointment. President.>> be
appointed by the President, by and with the advice and
consent of the Senate; and
``(B) have professional standing and demonstrated
knowledge in the field of freight transportation.
``(2) Duties.--The Assistant Secretary shall--
``(A) report to the Under Secretary of
Transportation for Policy;
``(B) be responsible for the management and
oversight of the activities, decisions, operations, and
personnel of the Freight Office;
``(C) work with the modal administrations of the
Department to encourage multimodal collaboration; and
``(D) carry out such additional duties as the
Secretary may prescribe.
``(f) <<NOTE: Determinations.>> Consolidation and Elimination of
Duplicative Offices.--
``(1) Consolidation of offices and office functions.--The
Secretary may consolidate into the Freight Office any office or
office function within the Department that the Secretary
determines has duties, responsibilities, resources, or expertise
that support the purposes of the Freight Office.
``(2) Elimination of offices.--The Secretary may eliminate
any office within the Department if the Secretary determines
that--
``(A) the purposes of the office are duplicative of
the purposes of the Freight Office;
[[Page 135 STAT. 654]]
``(B) the office or the functions of the office have
been substantially consolidated with the Freight Office
pursuant to paragraph (1);
``(C) the elimination of the office will not
adversely affect the requirements of the Secretary under
any Federal law; and
``(D) the elimination of the office will improve the
efficiency and effectiveness of the programs and
functions conducted by the office.
``(g) Staffing and Budgetary Resources.--
``(1) In general.--The Secretary shall ensure that the
Freight Office is adequately staffed and funded.
``(2) Staffing.--
``(A) <<NOTE: Determination.>> Transfer of
positions to freight office.--Subject to subparagraph
(B), the Secretary may transfer to the Freight Office
any position within any other office of the Department
if the Secretary determines that the position is
necessary to carry out the purposes of the Freight
Office.
``(B) <<NOTE: Coordination.>> Requirement.--If the
Secretary transfers a position to the Freight Office
pursuant to subparagraph (A), the Secretary, in
coordination with the appropriate modal administration
of the Department, shall ensure that the transfer of the
position does not adversely affect the requirements of
the modal administration under any Federal law.
``(3) Budgetary resources.--
``(A) Transfer of funds from consolidated or
eliminated offices.--
``(i) In general.--To carry out the purposes
of the Freight Office, the Secretary may transfer
to the Freight Office from any office or office
function that is consolidated or eliminated under
subsection (f) any funds allocated for the
consolidated or eliminated office or office
function.
``(ii) Retransfer.--Any portion of any funds
or limitations of obligations transferred to the
Freight Office pursuant to clause (i) may be
transferred back to, and merged with, the original
account.
``(B) Transfer of funds allocated for administrative
costs.--
``(i) In general.--The Secretary may transfer
to the Freight Office any funds allocated for the
administrative costs of the programs referred to
in subsection (d)(3).
``(ii) Retransfer.--Any portion of any funds
or limitations of obligations transferred to the
Freight Office pursuant to clause (i) may be
transferred back to, and merged with, the original
account.
``(h) Website.--
``(1) <<NOTE: Public information.>> Description of freight
office.--The Secretary shall make publicly available on the
website of the Department a description of the Freight Office,
including a description of--
``(A) the programs managed or made available by the
Freight Office; and
``(B) <<NOTE: Requirements.>> the eligibility
requirements for those programs.
[[Page 135 STAT. 655]]
``(2) Clearinghouse.--The Secretary may establish a
clearinghouse for tools, templates, guidance, and best practices
on a page of the website of the Department that supports the
purposes of this section.
``(i) <<NOTE: Deadline. Time period. Determination.>> Notification
to Congress.--Not later than 1 year after the date of enactment of this
section, and not less frequently than once every 180 days thereafter
until the date on which the Secretary determines that the requirements
of this section have been met, the Secretary shall submit to the
Committee on Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives a notification that--
``(1) describes--
``(A) the programs and activities administered or
overseen by the Freight Office; and
``(B) the status of those programs and activities;
``(2) identifies--
``(A) the number of employees working in the Freight
Office as of the date of the notification;
``(B) the total number of employees expected to join
the Freight Office to support the programs and
activities described in paragraph (1); and
``(C) the total number of positions that, as a
result of the consolidation of offices under this
section, were--
``(i) eliminated; or
``(ii) transferred, assigned, or joined to the
Freight Office;
``(3)(A) indicates whether the Secretary has consolidated
into the Freight Office any office or office function pursuant
to subsection (f)(1); and
``(B) if the Secretary has consolidated such an office or
function, describes the rationale for the consolidation;
``(4)(A) indicates whether the Secretary has eliminated any
office pursuant to subsection (f)(2); and
``(B) if the Secretary has eliminated such an office,
describes the rationale for the elimination;
``(5) describes any other actions carried out by the
Secretary to implement this section; and
``(6) <<NOTE: Recommenda- tions.>> describes any
recommendations of the Secretary for legislation that may be
needed to further implement this section.
``(j) Savings Provisions.--
``(1) Effect on other law.--Except as otherwise provided in
this section, nothing in this section alters or affects any law
(including regulations) with respect to a program referred to in
subsection (d).
``(2) Effect on responsibilities of other agencies.--Except
as otherwise provided in this section, nothing in this section
abrogates the responsibilities of any agency, operating
administration, or office within the Department that is
otherwise charged by law (including regulations) with any aspect
of program administration, oversight, or project approval or
implementation with respect to a program or project subject to
the responsibilities of the Freight Office under this section.
``(3) Effect on pending applications.--Nothing in this
section affects any pending application under a program referred
to in subsection (d) that was received by the Secretary
[[Page 135 STAT. 656]]
on or before the date of enactment of the Surface Transportation
Investment Act of 2021.
``(k) Authorization of Appropriations.--
``(1) In general.--There are authorized to be appropriated
to the Secretary such sums as are necessary to carry out this
section.
``(2) Certain activities.--Authorizations under subsections
(f) and (g) are subject to appropriations.''.
(b) GAO Review.--The Comptroller General of the United States
shall--
(1) conduct a review of the activities carried out by the
Secretary pursuant to section 118 of title 49, United States
Code; and
(2) <<NOTE: Recommenda- tions.>> develop recommendations
regarding additional activities--
(A) to improve the consolidation of duplicative
functions within the Department; and
(B) to promote increased staff efficiency for
program management within the Department.
(c) Clerical Amendment.--The analysis for chapter 1 of title 49,
United States Code, <<NOTE: 49 USC 101 prec.>> is amended by inserting
after the item relating to section 117 the following:
``118. Office of Multimodal Freight Infrastructure and Policy.''.
(d) Conforming Amendments.--
(1) Section 70101(c) of title 49, United States Code, is
amended, in the matter preceding paragraph (1), by striking
``Under Secretary of Transportation for Policy'' and inserting
``Assistant Secretary for Multimodal Freight''.
(2) Section 70102 of title 49, United States Code, is
amended--
(A) in subsection (a), in the matter preceding
paragraph (1), by striking ``Not later'' and all that
follows through ``the Under Secretary of Transportation
for Policy'' and inserting ``The Assistant Secretary for
Multimodal Freight (referred to in this section as the
`Assistant Secretary')'';
(B) in subsection (b)(4), in the matter preceding
subparagraph (A), by striking ``Under Secretary'' and
inserting ``Assistant Secretary'';
(C) in subsection (c), by striking ``Under
Secretary'' and inserting ``Assistant Secretary''; and
(D) in subsection (d), in the matter preceding
paragraph (1), by striking ``Under Secretary'' and
inserting ``Assistant Secretary''.
(3) Section 70103 of title 49, United States Code, is
amended--
(A) in subsection (a), in the matter preceding
paragraph (1), by striking ``Under Secretary of
Transportation for Policy'' and inserting ``Assistant
Secretary for Multimodal Freight (referred to in this
section as the `Assistant Secretary')'';
(B) by striking subsection (b);
(C) by redesignating subsections (c) and (d) as
subsections (b) and (c), respectively;
(D) in subsection (b) (as so redesignated)--
(i) in the subsection heading, by striking
``Final Network'' and inserting ``Designation of
National Multimodal Freight Network'';
[[Page 135 STAT. 657]]
(ii) in paragraph (1), in the matter preceding
subparagraph (A), by striking ``Not later'' and
all that follows through ``Under Secretary'' and
inserting ``The Assistant Secretary'';
(iii) in paragraph (2), in the matter
preceding subparagraph (A), by striking ``Under
Secretary'' and inserting ``Assistant Secretary'';
and
(iv) in paragraph (3), in the matter preceding
subparagraph (A), by striking ``Under Secretary''
and inserting ``Assistant Secretary''; and
(E) in subsection (c) (as so redesignated)--
(i) by striking ``subsection (c)'' each place
it appears and inserting ``subsection (b)''; and
(ii) by striking ``Under Secretary'' and
inserting ``Assistant Secretary''.
(4) Section 116(d)(1) of title 49, United States Code, is
amended by striking subparagraph (D).
SEC. 21102. UPDATES TO NATIONAL FREIGHT PLAN.
Section 70102(b) of title 49, United States Code, is amended--
(1) in paragraph (10), by striking ``and'' at the end;
(2) in paragraph (11), by striking the period at the end and
inserting a semicolon; and
(3) <<NOTE: Strategies.>> by adding at the end the
following:
``(12) best practices for reducing environmental impacts of
freight movement (including reducing local air pollution from
freight movement, stormwater runoff, and wildlife habitat loss
resulting from freight facilities, freight vehicles, or freight
activity);
``(13) possible strategies to increase the resilience of the
freight system, including the ability to anticipate, prepare
for, or adapt to conditions, or withstand, respond to, or
recover rapidly from disruptions, including extreme weather and
natural disasters;
``(14) strategies to promote United States economic growth
and international competitiveness;
``(15) consideration of any potential unique impacts of the
national freight system on rural and other underserved and
historically disadvantaged communities;
``(16) strategies for decarbonizing freight movement, as
appropriate; and
``(17) consideration of the impacts of e-commerce on the
national multimodal freight system.''.
SEC. 21103. STATE COLLABORATION WITH NATIONAL MULTIMODAL FREIGHT
NETWORK.
Subsection (b) of section 70103 of title 49, United States Code (as
redesignated by section 21101(d)(3)(C)), is amended--
(1) in paragraph (3), by striking subparagraph (C) and
inserting the following:
``(C) provide to the States an opportunity to submit
proposed designations from the States in accordance with
paragraph (4).''; and
(2) in paragraph (4)--
(A) in subparagraph (C)(i), by striking ``20
percent'' and inserting ``30 percent''; and
(B) by adding at the end the following:
[[Page 135 STAT. 658]]
``(E) <<NOTE: Determination.>> Condition for
acceptance.--The Secretary shall accept from a State a
designation under subparagraph (D) only if the Secretary
determines that the designation meets the applicable
requirements of subparagraph (A).''.
SEC. 21104. IMPROVING STATE FREIGHT PLANS.
(a) In General.--Section 70202 of title 49, United States Code, is
amended--
(1) in subsection (b)--
(A) in paragraph (9), by striking ``and'' at the
end;
(B) by redesignating paragraph (10) as paragraph
(17); and
(C) by inserting after paragraph (9) the following:
``(10) <<NOTE: Assessment.>> the most recent commercial
motor vehicle parking facilities assessment conducted by the
State under subsection (f);
``(11) the most recent supply chain cargo flows in the
State, expressed by mode of transportation;
``(12) <<NOTE: Inventory.>> an inventory of commercial ports
in the State;
``(13) <<NOTE: Recommenda- tions.>> if applicable,
consideration of the findings or recommendations made by any
multi-State freight compact to which the State is a party under
section 70204;
``(14) the impacts of e-commerce on freight infrastructure
in the State;
``(15) considerations of military freight;
``(16) <<NOTE: Strategies.>> strategies and goals to
decrease--
``(A) the severity of impacts of extreme weather and
natural disasters on freight mobility;
``(B) the impacts of freight movement on local air
pollution;
``(C) the impacts of freight movement on flooding
and stormwater runoff; and
``(D) the impacts of freight movement on wildlife
habitat loss; and''; and
(2) by adding at the end the following:
``(f) <<NOTE: Consultation.>> Commercial Motor Vehicle Parking
Facilities Assessments.--As part of the development or updating, as
applicable, of a State freight plan under this section, each State that
receives funding under section 167 of title 23, in consultation with
relevant State motor carrier safety personnel, shall conduct an
assessment of--
``(1) the capability of the State, together with the private
sector in the State, to provide adequate parking facilities and
rest facilities for commercial motor vehicles engaged in
interstate transportation;
``(2) the volume of commercial motor vehicle traffic in the
State; and
``(3) whether there exist any areas within the State with a
shortage of adequate commercial motor vehicle parking
facilities, including an analysis (economic or otherwise, as the
State determines to be appropriate) of the underlying causes of
such a shortage.
``(g) <<NOTE: Requirement.>> Priority.--Each State freight plan
under this section shall include a requirement that the State, in
carrying out activities under the State freight plan--
``(1) enhance reliability or redundancy of freight
transportation; or
[[Page 135 STAT. 659]]
``(2) incorporate the ability to rapidly restore access and
reliability with respect to freight transportation.
``(h) Approval.--
``(1) <<NOTE: Compliance.>> In general.--The Secretary of
Transportation shall approve a State freight plan described in
subsection (a) if the plan achieves compliance with the
requirements of this section.
``(2) Savings provision.--Nothing in this subsection
establishes new procedural requirements for the approval of a
State freight plan described in subsection (a).''.
(b) Studies.--For the purpose of facilitating the integration of
intelligent transportation systems into the freight transportation
network powered by electricity, the Secretary, acting through the
Assistant Secretary for Multimodal Freight, shall conduct a study
relating to--
(1) preparing to supply power to applicable electrical
freight infrastructure; and
(2) safely integrating freight into intelligent
transportation systems.
(c) Alignment of Transportation Planning.--Section 70202 of title
49, United States Code, is amended--
(1) in subsection (d), by striking ``5-year'' and inserting
``8-year''; and
(2) in subsection (e)(1), by striking ``5 years'' and
inserting ``4 years''.
SEC. 21105. IMPLEMENTATION OF NATIONAL MULTIMODAL FREIGHT NETWORK.
<<NOTE: Reports.>> Not later than 30 days after the date of
enactment of this Act, the Secretary shall submit to the Committee on
Commerce, Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives a
report that--
(1) describes the status of the designation of the final
National Multimodal Freight Network required under section 70103
of title 49, United States Code;
(2) explains the reasons why the designation of the network
referred to in paragraph (1) has not been finalized, if
applicable; and
(3) <<NOTE: Estimate.>> estimates the date by which that
network will be designated.
SEC. 21106. MULTI-STATE FREIGHT CORRIDOR PLANNING.
(a) In General.--Chapter 702 of title 49, United States Code, is
amended--
(1) by redesignating section 70204 as section 70206; and
(2) by inserting after section 70203 the following:
``Sec. 70204. <<NOTE: 49 USC 70204.>> Multi-State freight
corridor planning
``(a) Consent to Multi-State Freight Mobility Compacts.--Congress
recognizes the right of States, cities, regional planning organizations,
federally recognized Indian Tribes, and local public authorities
(including public port authorities) that are regionally linked with an
interest in a specific nationally or regionally significant multi-State
freight corridor to enter into multi-State compacts to promote the
improved mobility of goods, including--
``(1) identifying projects along the corridor that benefit
multiple States;
[[Page 135 STAT. 660]]
``(2) assembling rights-of-way; and
``(3) performing capital improvements.
``(b) Financing.--A multi-State freight compact established by
entities under subsection (a) may provide that, in order to carry out
the compact, the relevant States or other entities may--
``(1) accept contributions from a unit of State or local
government;
``(2) use any Federal or State funds made available for
freight mobility infrastructure planning or construction,
including applying for grants;
``(3) subject to such terms and conditions as the States
consider to be advisable--
``(A) borrow money on a short-term basis; and
``(B) issue--
``(i) notes for borrowing under subparagraph
(A); and
``(ii) bonds; and
``(4) obtain financing by other means permitted under
applicable Federal or State law.
``(c) Advisory Committees.--
``(1) In general.--A multi-State freight compact under this
section may establish a multi-State freight corridor advisory
committee, which shall include representatives of State
departments of transportation and other public and private
sector entities with an interest in freight mobility, such as--
``(A) ports;
``(B) freight railroads;
``(C) shippers;
``(D) carriers;
``(E) freight-related associations;
``(F) third-party logistics providers;
``(G) the freight industry workforce;
``(H) environmental organizations;
``(I) community organizations; and
``(J) units of local government.
``(2) Activities.--An advisory committee established under
paragraph (1) may--
``(A) advise the parties to the applicable multi-
State freight compact with respect to freight-related
priorities, issues, projects, and funding needs that
impact multi-State--
``(i) freight mobility; and
``(ii) supply chains;
``(B) serve as a forum for States, Indian Tribes,
and other public entities to discuss decisions affecting
freight mobility;
``(C) communicate and coordinate multi-State freight
priorities with other organizations;
``(D) promote the sharing of information between the
private and public sectors with respect to freight
issues; and
``(E) provide information for consideration in the
development of State freight plans under section 70202.
``(d) Grants.--
``(1) Establishment.--The Secretary of Transportation
(referred to in this section as the `Secretary') shall establish
a program under which the Secretary shall provide grants
[[Page 135 STAT. 661]]
to multi-State freight compacts, or States seeking to form a
multi-State freight compact, that seek to improve a route or
corridor that is a part of the National Multimodal Freight
Network established under section 70103.
``(2) <<NOTE: Time periods.>> New compacts.--
``(A) In general.--To incentivize the establishment
of multi-State freight compacts, the Secretary may award
a grant for operations costs in an amount of not more
than $2,000,000 to--
``(i) a multi-State freight compact
established under subsection (a) during the 2-year
period beginning on the date of establishment of
the multi-State freight compact; or
``(ii) States seeking to form a multi-State
freight compact described in that subsection.
``(B) Eligibility.--
``(i) New multi-state freight compacts.--A
multi-State freight compact shall be eligible for
a grant under this paragraph only during the
initial 2 years of operation of the compact.
``(ii) States seeking to form a compact.--
States seeking to form a multi-State freight
compact shall be eligible for a grant under this
paragraph during--
``(I) the 2-year period beginning on
the date on which an application for a
grant under this paragraph with respect
to the proposed compact is submitted to
the Secretary; or
``(II) if the compact is formed
before the date on which a grant under
this paragraph is awarded in accordance
with subclause (I), the initial 2 years
of operation of the compact.
``(C) Requirements.--To be eligible to receive a
grant under this paragraph, a multi-State freight
compact or the applicable States seeking to form a
multi-State freight compact shall--
``(i) submit to the Secretary an application
at such time, in such manner, and containing such
information as the Secretary may require;
``(ii) provide a non-Federal match equal to
not less than 25 percent of the operating costs of
the multi-State freight compact; and
``(iii) commit to establishing a multi-State
freight corridor advisory committee under
subsection (c)(1) during the initial 2-year period
of operation of the compact.
``(3) Existing compacts.--
``(A) In general.--The Secretary may award a grant
to multi-State freight compacts that are not eligible to
receive a grant under paragraph (2) for operations costs
in an amount of not more than $1,000,000.
``(B) Requirements.--To be eligible to receive a
grant under this paragraph, a multi-State freight
compact shall--
``(i) submit to the Secretary an application
at such time, in such manner, and containing such
information as the Secretary may require;
``(ii) provide a non-Federal match of not less
than 50 percent of the operating costs of the
compact; and
[[Page 135 STAT. 662]]
``(iii) demonstrate that the compact has
established a multi-State freight corridor
advisory committee under subsection (c)(1).
``(4) Authorization of appropriations.--There is authorized
to be appropriated to the Secretary $5,000,000 for each fiscal
year to carry out this subsection.''.
(b) Clerical Amendment.--The analysis for chapter 702 of title 49,
United States Code, <<NOTE: 49 USC 70201 prec.>> is amended by striking
the item relating to section 70204 and inserting the following:
``70204. Multi-State freight corridor planning.
``70206. Savings provision.''.
SEC. 21107. STATE FREIGHT ADVISORY COMMITTEES.
Section 70201 of title 49, United States Code, is amended--
(1) in subsection (a), by striking ``representatives of
ports, freight railroads,'' and all that follows through the
period at the end and inserting the following: ``representatives
of--
``(1) ports, if applicable;
``(2) freight railroads, if applicable;
``(3) shippers;
``(4) carriers;
``(5) freight-related associations;
``(6) third-party logistics providers;
``(7) the freight industry workforce;
``(8) the transportation department of the State;
``(9) metropolitan planning organizations;
``(10) local governments;
``(11) the environmental protection department of the State,
if applicable;
``(12) the air resources board of the State, if applicable;
``(13) economic development agencies of the State; and
``(14) not-for-profit organizations or community
organizations.'';
(2) in subsection (b)(5), by striking ``70202.'' and
inserting ``70202, including by providing advice regarding the
development of the freight investment plan.'';
(3) by redesignating subsection (b) as subsection (c); and
(4) by inserting after subsection (a) the following:
``(b) Qualifications.--Each member of a freight advisory committee
established under subsection (a) shall have qualifications sufficient to
serve on a freight advisory committee, including, as applicable--
``(1) general business and financial experience;
``(2) experience or qualifications in the areas of freight
transportation and logistics;
``(3) experience in transportation planning;
``(4) experience representing employees of the freight
industry;
``(5) experience representing a State, local government, or
metropolitan planning organization; or
``(6) experience representing the views of a community group
or not-for-profit organization.''.
[[Page 135 STAT. 663]]
Subtitle B--Multimodal Investment
SEC. 21201. NATIONAL INFRASTRUCTURE PROJECT ASSISTANCE.
Subtitle III of title 49, United States Code, <<NOTE: 49 USC 6701
prec.>> is amended by adding at the end the following:
``CHAPTER 67--MULTIMODAL INFRASTRUCTURE INVESTMENTS
``6701. National infrastructure project assistance.
``6702. Local and regional project assistance.
``Sec. 6701. <<NOTE: Grants. 49 USC 6701.>> National
infrastructure project assistance
``(a) Definitions.--In this section:
``(1) Department.--The term `Department' means the
Department of Transportation.
``(2) Eligible entity.--The term `eligible entity' means--
``(A) a State or a group of States;
``(B) a metropolitan planning organization;
``(C) a unit of local government;
``(D) a political subdivision of a State;
``(E) a special purpose district or public authority
with a transportation function, including a port
authority;
``(F) a Tribal government or a consortium of Tribal
governments;
``(G) a partnership between Amtrak and 1 or more
entities described in subparagraphs (A) through (F); and
``(H) a group of entities described in any of
subparagraphs (A) through (G).
``(3) Program.--The term `program' means the program
established by subsection (b).
``(4) Secretary.--The term `Secretary' means the Secretary
of Transportation.
``(5) State.--The term `State' means--
``(A) any of the several States;
``(B) the District of Columbia;
``(C) the Commonwealth of Puerto Rico;
``(D) the Commonwealth of the Northern Mariana
Islands;
``(E) the United States Virgin Islands;
``(F) Guam;
``(G) American Samoa; and
``(H) any other territory or possession of the
United States.
``(b) Establishment.--There is established a program under which the
Secretary shall provide to eligible entities grants, on a competitive
basis pursuant to single-year or multiyear grant agreements, for
projects described in subsection (d).
``(c) Applications.--
``(1) <<NOTE: Determination.>> In general.--To be eligible
for a grant under the program, an eligible entity shall submit
to the Secretary an application at such time, in such manner,
and containing such information as the Secretary determines to
be appropriate.
``(2) Plan for data collection.--An application under
paragraph (1) shall include a plan for data collection and
analysis described in subsection (g).
[[Page 135 STAT. 664]]
``(d) Eligible Projects.--The Secretary may provide a grant under
the program only for a project--
``(1) that is--
``(A) a highway or bridge project carried out on--
``(i) the National Multimodal Freight Network
established under section 70103;
``(ii) the National Highway Freight Network
established under section 167 of title 23; or
``(iii) the National Highway System (as
defined in section 101(a) of title 23);
``(B) a freight intermodal (including public ports)
or freight rail project that provides a public benefit;
``(C) a railway-highway grade separation or
elimination project;
``(D) an intercity passenger rail project;
``(E) a public transportation project that is--
``(i) eligible for assistance under chapter
53; and
``(ii) part of a project described in any of
subparagraphs (A) through (D); or
``(F) a grouping, combination, or program of
interrelated, connected, or dependent projects of any of
the projects described in subparagraphs (A) through (E);
and
``(2) the eligible project costs of which are--
``(A) reasonably anticipated to equal or exceed
$500,000,000; or
``(B) for any project funded by the set-aside under
subsection (m)(2)--
``(i) more than $100,000,000; but
``(ii) less than $500,000,000.
``(e) Geographical Distribution.--In providing grants under this
section, the Secretary shall ensure among grant recipients--
``(1) geographical diversity; and
``(2) a balance between rural and urban communities.
``(f) Project Evaluation and Selection.--
``(1) <<NOTE: Determination.>> Requirements.--The Secretary
may select a project described in subsection (d) to receive a
grant under the program only if the Secretary determines that--
``(A) the project is likely to generate national or
regional economic, mobility, or safety benefits;
``(B) the project is in need of significant Federal
funding;
``(C) the project will be cost-effective;
``(D) with respect to related non-Federal financial
commitments, 1 or more stable and dependable sources of
funding and financing are available--
``(i) to construct, operate, and maintain the
project; and
``(ii) to cover cost increases; and
``(E) the applicant has, or will have, sufficient
legal, financial, and technical capacity to carry out
the project.
``(2) Evaluation criteria.--In awarding a grant under the
program, the Secretary shall evaluate--
``(A) the extent to which a project supports
achieving a state of good repair for each existing asset
to be improved by the project;
``(B) the level of benefits a project is expected to
generate, including--
[[Page 135 STAT. 665]]
``(i) the costs avoided by the prevention of
closure or reduced use of the asset to be improved
by the project;
``(ii) reductions in maintenance costs over
the life of the applicable asset;
``(iii) safety benefits, including the
reduction of serious injuries and fatalities and
related costs;
``(iv) improved person or freight throughput,
including improved mobility and reliability; and
``(v) environmental benefits and health
impacts, such as--
``(I) reductions in greenhouse gas
emissions;
``(II) air quality benefits;
``(III) preventing stormwater runoff
that would be a detriment to aquatic
species; and
``(IV) improved infrastructure
resilience;
``(C) the benefits of the project, as compared to
the costs of the project;
``(D) the number of persons or volume of freight, as
applicable, supported by the project; and
``(E) national and regional economic benefits of the
project, including with respect to short- and long-term
job access, growth, or creation.
``(3) Additional considerations.--In selecting projects to
receive grants under the program, the Secretary shall take into
consideration--
``(A) contributions to geographical diversity among
grant recipients, including a balance between the needs
of rural and urban communities;
``(B) whether multiple States would benefit from a
project;
``(C) whether, and the degree to which, a project
uses--
``(i) construction materials or approaches
that have--
``(I) demonstrated reductions in
greenhouse gas emissions; or
``(II) reduced the need for
maintenance of other projects; or
``(ii) technologies that will allow for future
connectivity and automation;
``(D) whether a project would benefit--
``(i) a historically disadvantaged community
or population; or
``(ii) an area of persistent poverty;
``(E) whether a project benefits users of multiple
modes of transportation, including--
``(i) pedestrians;
``(ii) bicyclists; and
``(iii) users of nonvehicular rail and public
transportation, including intercity and commuter
rail; and
``(F) whether a project improves connectivity
between modes of transportation moving persons or goods
nationally or regionally.
``(4) Ratings.--
``(A) <<NOTE: Evaluation.>> In general.--In
evaluating applications for a grant under the program,
the Secretary shall assign the project proposed in the
application a rating described in
[[Page 135 STAT. 666]]
subparagraph (B), based on the information contained in
the applicable notice published under paragraph (5).
``(B) <<NOTE: Determinations.>> Ratings.--
``(i) Highly recommended.--The Secretary shall
assign a rating of `highly recommended' to
projects that, in the determination of the
Secretary--
``(I) are exemplary projects of
national or regional significance; and
``(II) would provide significant
public benefit, as determined based on
the applicable criteria described in
this subsection, if funded under the
program.
``(ii) Recommended.--The Secretary shall
assign a rating of `recommended' to projects that,
in the determination of the Secretary--
``(I) are of national or regional
significance; and
``(II) would provide public benefit,
as determined based on the applicable
criteria described in this subsection,
if funded under the program.
``(iii) Not recommended.--The Secretary shall
assign a rating of `not recommended' to projects
that, in the determination of the Secretary,
should not receive a grant under the program,
based on the applicable criteria described in this
subsection.
``(C) Technical assistance.--
``(i) In general.--On request of an eligible
entity that submitted an application under
subsection (c) for a project that is not selected
to receive a grant under the program, the
Secretary shall provide to the eligible entity
technical assistance and briefings relating to the
project.
``(ii) Treatment.--Technical assistance
provided under this subparagraph shall not be
considered a guarantee of future selection of the
applicable project under the program.
``(5) <<NOTE: Deadline. Public information. Web
posting. Notice.>> Publication of project evaluation and
selection criteria.--Not later than 90 days after the date of
enactment of this chapter, the Secretary shall publish and make
publicly available on the website of the Department a notice
that contains a detailed explanation of--
``(A) the method by which the Secretary will
determine whether a project satisfies the applicable
requirements described in paragraph (1);
``(B) any additional ratings the Secretary may
assign to determine the means by which a project
addresses the selection criteria and additional
considerations described in paragraphs (2) and (3); and
``(C) the means by which the project requirements
and ratings referred to in subparagraphs (A) and (B)
will be used to assign an overall rating for the project
under paragraph (4).
``(6) Project selection priority.--In awarding grants under
the program, the Secretary shall give priority to projects to
which the Secretary has assigned a rating of `highly
recommended' under paragraph (4)(B)(i).
``(g) Data Collection and Analysis.--
[[Page 135 STAT. 667]]
``(1) Plan.--
``(A) In general.--An eligible entity seeking a
grant under the program shall submit to the Secretary,
together with the grant application, a plan for the
collection and analysis of data to identify in
accordance with the framework established under
paragraph (2)--
``(i) the impacts of the project; and
``(ii) the accuracy of any forecast prepared
during the development phase of the project and
included in the grant application.
``(B) Contents.--A plan under subparagraph (A) shall
include--
``(i) an approach to measuring--
``(I) the criteria described in
subsection (f)(2); and
``(II) if applicable, the additional
requirements described in subsection
(f)(3);
``(ii) an approach for analyzing the
consistency of predicted project characteristics
with actual outcomes; and
``(iii) <<NOTE: Determination.>> any other
elements that the Secretary determines to be
necessary.
``(2) <<NOTE: Publication.>> Framework.--The Secretary may
publish a standardized framework for the contents of the plans
under paragraph (1), which may include, as appropriate--
``(A) standardized forecasting and measurement
approaches;
``(B) <<NOTE: Data. Requirements.>> data storage
system requirements; and
``(C) <<NOTE: Determination.>> any other
requirements the Secretary determines to be necessary to
carry out this section.
``(3) Multiyear grant agreements.--The Secretary shall
require an eligible entity, as a condition of receiving funding
pursuant to a multiyear grant agreement under the program, to
collect additional data to measure the impacts of the project
and to accurately track improvements made by the project, in
accordance with a plan described in paragraph (1).
``(4) Reports.--
``(A) Project baseline.--Before the date of
completion of a project for which a grant is provided
under the program, the eligible entity carrying out the
project shall submit to the Secretary a report providing
baseline data for the purpose of analyzing the long-term
impact of the project in accordance with the framework
established under paragraph (2).
``(B) <<NOTE: Time period.>> Updated report.--Not
later than 6 years after the date of completion of a
project for which a grant is provided under the program,
the eligible entity carrying out the project shall
submit to the Secretary a report that compares the
baseline data included in the report under subparagraph
(A) to project data collected during the period--
``(i) beginning on the date that is 5 years
after the date of completion of the project; and
``(ii) ending on the date on which the updated
report is submitted.
``(h) Eligible Project Costs.--
[[Page 135 STAT. 668]]
``(1) In general.--An eligible entity may use a grant
provided under the program for--
``(A) development-phase activities and costs,
including planning, feasibility analysis, revenue
forecasting, alternatives analysis, data collection and
analysis, environmental review and activities to support
environmental review, preliminary engineering and design
work, and other preconstruction activities, including
the preparation of a data collection and post-
construction analysis plan under subsection (g); and
``(B) construction, reconstruction, rehabilitation,
acquisition of real property (including land relating to
the project and improvements to that land),
environmental mitigation (including projects to replace
or rehabilitate culverts or reduce stormwater runoff for
the purpose of improving habitat for aquatic species),
construction contingencies, acquisition of equipment,
protection, and operational improvements directly
relating to the project.
``(2) <<NOTE: Certification.>> Interest and other financing
costs.--The interest and other financing costs of carrying out
any part of a project under a multiyear grant agreement within a
reasonable period of time shall be considered to be an eligible
project cost only if the applicable eligible entity certifies to
the Secretary that the eligible entity has demonstrated
reasonable diligence in seeking the most favorable financing
terms.
``(i) Cost Sharing.--
``(1) In general.--The total amount awarded for a project
under the program may not exceed 60 percent of the total
eligible project costs described in subsection (h).
``(2) Maximum federal involvement.--
``(A) In general.--Subject to subparagraph (B),
Federal assistance other than a grant awarded under the
program may be provided for a project for which a grant
is awarded under the program.
``(B) Limitation.--The total amount of Federal
assistance provided for a project for which a grant is
awarded under the program shall not exceed 80 percent of
the total cost of the project.
``(C) Non-federal share.--Secured loans or financing
provided under section 603 of title 23 or section 22402
of this title and repaid with local funds or revenues
shall be considered to be part of the local share of the
cost of a project.
``(3) Application to multiyear agreements.--Notwithstanding
any other provision of this title, in any case in which amounts
are provided under the program pursuant to a multiyear
agreement, the disbursed Federal share of the cost of the
project may exceed the limitations described in paragraphs (1)
and (2)(B) for 1 or more years if the total amount of the
Federal share of the cost of the project, once completed, does
not exceed those limitations.
``(j) Grant Agreements.--
``(1) In general.--A project for which an eligible entity
receives a multiyear grant under the program shall be carried
out in accordance with this subsection.
``(2) Terms.--A multiyear grant agreement under this
subsection shall--
[[Page 135 STAT. 669]]
``(A) establish the terms of Federal participation
in the applicable project;
``(B) establish the maximum amount of Federal
financial assistance for the project;
``(C) establish a schedule of anticipated Federal
obligations for the project that provides for obligation
of the full grant amount;
``(D) describe the period of time for completing the
project, regardless of whether that period extends
beyond the period of an authorization; and
``(E) facilitate timely and efficient management of
the applicable project by the eligible entity carrying
out the project, in accordance with applicable law.
``(3) Special rules.--
``(A) In general.--A multiyear grant agreement under
this subsection--
``(i) shall provide for the obligation of an
amount of available budget authority specified in
law;
``(ii) may include a commitment, contingent on
amounts to be specified in law in advance for
commitments under this paragraph, to obligate an
additional amount from future available budget
authority specified in law; and
``(iii) shall provide that any funds disbursed
under the program for the project before the
completion of any review required under the
National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) may only cover costs
associated with development-phase activities
described in subsection (h)(1)(A).
``(B) Contingent commitment.--A contingent
commitment under this paragraph is not an obligation of
the Federal Government, including for purposes of
section 1501 of title 31.
``(4) Single-year grants.--The Secretary may only provide to
an eligible entity a full grant under the program in a single
year if all reviews required under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect to the
applicable project have been completed before the receipt of any
program funds.
``(k) Congressional Notification.--
``(1) <<NOTE: Deadline.>> In general.--Not later than 30
days before the date on which the Secretary publishes the
selection of projects to receive grants under the program, the
Secretary shall submit to the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a written notice that includes--
``(A) <<NOTE: List.>> a list of all project
applications reviewed by the Secretary as part of the
selection process;
``(B) the rating assigned to each project under
subsection (f)(4);
``(C) <<NOTE: Evaluation.>> an evaluation and
justification with respect to each project for which the
Secretary will--
``(i) provide a grant under the program; and
``(ii) enter into a multiyear grant agreement
under the program;
[[Page 135 STAT. 670]]
``(D) a description of the means by which the
Secretary anticipates allocating among selected projects
the amounts made available to the Secretary to carry out
the program; and
``(E) <<NOTE: Time period.>> anticipated funding
levels required for the 3 fiscal years beginning after
the date of submission of the notice for projects
selected for grants under the program, based on
information available to the Secretary as of that date.
``(2) Congressional disapproval.--The Secretary may not
provide a grant or any other obligation or commitment to fund a
project under the program if a joint resolution is enacted
disapproving funding for the project before the last day of the
30-day period described in paragraph (1).
``(l) Reports.--
``(1) <<NOTE: Web posting.>> Transparency.--Not later than
60 days after the date on which the grants are announced under
the program, the Secretary shall publish on the website of the
Department a report that includes--
``(A) <<NOTE: List.>> a list of all project
applications reviewed by the Secretary as part of the
selection process under the program;
``(B) the rating assigned to each project under
subsection (f)(4); and
``(C) a description of each project for which a
grant has been provided under the program.
``(2) Comptroller general.--
``(A) Assessment.--The Comptroller General of the
United States shall conduct an assessment of the
administrative establishment, solicitation, selection,
and justification process with respect to the funding of
grants under the program.
``(B) Report.--Not later than 18 months after the
date on which the initial grants are awarded for
projects under the program, the Comptroller General
shall submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report that describes, as applicable--
``(i) the adequacy and fairness of the process
by which the projects were selected; and
``(ii) the justification and criteria used for
the selection of the projects.
``(m) <<NOTE: Time period.>> Authorization of Appropriations.--
``(1) In general.--There is authorized to be appropriated to
the Secretary to carry out the program $2,000,000,000 for each
of fiscal years 2022 through 2026.
``(2) Other projects.--Of the amounts made available under
paragraph (1), 50 percent shall be set aside for projects that
have a project cost of--
``(A) more than $100,000,000; but
``(B) less than $500,000,000.
``(3) Administrative expenses.--Of the amounts made
available to carry out the program for each fiscal year, the
Secretary may reserve not more than 2 percent for the costs of--
``(A) administering and overseeing the program; and
[[Page 135 STAT. 671]]
``(B) hiring personnel for the program, including
personnel dedicated to processing permitting and
environmental review issues.
``(4) Transfer of authority.--The Secretary may transfer any
portion of the amounts reserved under paragraph (3) for a fiscal
year to the Administrator of any of the Federal Highway
Administration, the Federal Transit Administration, the Federal
Railroad Administration, or the Maritime Administration to award
and oversee grants in accordance with this section.
``(n) Additional Requirements.--
``(1) <<NOTE: Compliance.>> In general.--Each project that
receives a grant under this chapter shall achieve compliance
with the applicable requirements of--
``(A) subchapter IV of chapter 31 of title 40;
``(B) title VI of the Civil Rights Act of 1964 (42
U.S.C. 2000d et seq.); and
``(C) the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.).
``(2) <<NOTE: Applicability.>> Modal requirements.--The
Secretary shall, with respect to a project funded by a grant
under this section, apply--
``(A) the requirements of title 23 to a highway,
road, or bridge project;
``(B) the requirements of chapter 53 to a transit
project; and
``(C) the requirements of section 22905 to a rail
project.
``(3) Multimodal projects.--
``(A) In general.--Except as otherwise provided in
this paragraph, if an eligible project is a multimodal
project, the Secretary shall--
``(i) <<NOTE: Determination.>> determine the
predominant modal component of the project; and
``(ii) <<NOTE: Applicability.>> apply the
applicable requirements described in paragraph (2)
of the predominant modal component to the project.
``(B) <<NOTE: Applicability.>> Exceptions.--
``(i) Passenger or freight rail component.--
The requirements of section 22905 shall apply to
any passenger or freight rail component of a
project.
``(ii) Public transportation component.--The
requirements of section 5333 shall apply to any
public transportation component of a project.''.
SEC. 21202. LOCAL AND REGIONAL PROJECT ASSISTANCE.
(a) In General.--Chapter 67 of subtitle III of title 49, United
States Code (as added by section 21201), is amended by adding at the end
the following:
``Sec. 6702. <<NOTE: 49 USC 6702.>> Local and regional project
assistance
``(a) Definitions.--In this section:
``(1) Area of persistent poverty.--The term `area of
persistent poverty' means--
``(A) any county (or equivalent jurisdiction) in
which, during the 30-year period ending on the date of
enactment of this chapter, 20 percent or more of the
population continually lived in poverty, as measured
by--
``(i) the 1990 decennial census;
[[Page 135 STAT. 672]]
``(ii) the 2000 decennial census; and
``(iii) the most recent annual small area
income and poverty estimate of the Bureau of the
Census;
``(B) any census tract with a poverty rate of not
less than 20 percent, as measured by the 5-year data
series available from the American Community Survey of
the Bureau of the Census for the period of 2014 through
2018; and
``(C) any territory or possession of the United
States.
``(2) Eligible entity.--The term `eligible entity' means--
``(A) a State;
``(B) the District of Columbia;
``(C) any territory or possession of the United
States;
``(D) a unit of local government;
``(E) a public agency or publicly chartered
authority established by 1 or more States;
``(F) a special purpose district or public authority
with a transportation function, including a port
authority;
``(G) a federally recognized Indian Tribe or a
consortium of such Indian Tribes;
``(H) a transit agency; and
``(I) a multi-State or multijurisdictional group of
entities described in any of subparagraphs (A) through
(H).
``(3) Eligible project.--The term `eligible project' means--
``(A) a highway or bridge project eligible for
assistance under title 23;
``(B) a public transportation project eligible for
assistance under chapter 53;
``(C) a passenger rail or freight rail
transportation project eligible for assistance under
this title;
``(D) a port infrastructure investment, including--
``(i) inland port infrastructure; and
``(ii) a land port-of-entry;
``(E) the surface transportation components of an
airport project eligible for assistance under part B of
subtitle VII;
``(F) a project for investment in a surface
transportation facility located on Tribal land, the
title or maintenance responsibility of which is vested
in the Federal Government;
``(G) a project to replace or rehabilitate a culvert
or prevent stormwater runoff for the purpose of
improving habitat for aquatic species that will advance
the goal of the program described in subsection (b)(2);
and
``(H) any other surface transportation
infrastructure project that the Secretary considers to
be necessary to advance the goal of the program.
``(4) Program.--The term `program' means the Local and
Regional Project Assistance Program established under subsection
(b)(1).
``(5) Rural area.--The term `rural area' means an area that
is located outside of an urbanized area.
``(6) Secretary.--The term `Secretary' means the Secretary
of Transportation.
``(7) Urbanized area.--The term `urbanized area' means an
area with a population of more than 200,000 residents, based on
the most recent decennial census.
[[Page 135 STAT. 673]]
``(b) Establishment.--
``(1) In general.--The Secretary shall establish and carry
out a program, to be known as the `Local and Regional Project
Assistance Program', to provide for capital investments in
surface transportation infrastructure.
``(2) Goal.--The goal of the program shall be to fund
eligible projects that will have a significant local or regional
impact and improve transportation infrastructure.
``(c) Grants.--
``(1) In general.--In carrying out the program, the
Secretary may make grants to eligible entities, on a competitive
basis, in accordance with this section.
``(2) Amount.--Except as otherwise provided in this section,
each grant made under the program shall be in an amount equal
to--
``(A) not less than $5,000,000 for an urbanized
area;
``(B) not less than $1,000,000 for a rural area; and
``(C) not more than $25,000,000.
``(3) Limitation.--Not more than 15 percent of the funds
made available to carry out the program for a fiscal year may be
awarded to eligible projects in a single State during that
fiscal year.
``(d) Selection of Eligible Projects.--
``(1) <<NOTE: Deadline.>> Notice of funding opportunity.--
Not later than 60 days after the date on which funds are made
available to carry out the program, the Secretary shall publish
a notice of funding opportunity for the funds.
``(2) Applications.--To be eligible to receive a grant under
the program, an eligible entity shall submit to the Secretary an
application--
``(A) in such form and containing such information
as the Secretary considers to be appropriate; and
``(B) <<NOTE: Deadline.>> by such date as the
Secretary may establish, subject to the condition that
the date shall be not later than 90 days after the date
on which the Secretary issues the solicitation under
paragraph (1).
``(3) <<NOTE: Evaluation.>> Primary selection criteria.--In
awarding grants under the program, the Secretary shall evaluate
the extent to which a project--
``(A) improves safety;
``(B) improves environmental sustainability;
``(C) improves the quality of life of rural areas or
urbanized areas;
``(D) increases economic competitiveness and
opportunity, including increasing tourism opportunities;
``(E) contributes to a state of good repair; and
``(F) improves mobility and community connectivity.
``(4) Additional selection criteria.--In selecting projects
to receive grants under the program, the Secretary shall take
into consideration the extent to which--
``(A) the project sponsors collaborated with other
public and private entities;
``(B) the project adopts innovative technologies or
techniques, including--
``(i) innovative technology;
``(ii) innovative project delivery techniques;
and
``(iii) innovative project financing;
[[Page 135 STAT. 674]]
``(C) the project has demonstrated readiness; and
``(D) the project is cost effective.
``(5) Transparency.--
``(A) <<NOTE: Evaluation.>> In general.--The
Secretary, shall evaluate, through a methodology that is
discernible and transparent to the public, the means by
which each application submitted under paragraph (2)
addresses the criteria under paragraphs (3) and (4) or
otherwise established by the Secretary.
``(B) Publication.--The methodology under
subparagraph (A) shall be published by the Secretary as
part of the notice of funding opportunity under the
program.
``(6) <<NOTE: Deadline.>> Awards.--Not later than 270 days
after the date on which amounts are made available to provide
grants under the program for a fiscal year, the Secretary shall
announce the selection by the Secretary of eligible projects to
receive the grants in accordance with this section.
``(7) Technical assistance.--
``(A) <<NOTE: Briefings.>> In general.--On request
of an eligible entity that submitted an application
under paragraph (2) for a project that is not selected
to receive a grant under the program, the Secretary
shall provide to the eligible entity technical
assistance and briefings relating to the project.
``(B) Treatment.--Technical assistance provided
under this paragraph shall not be considered a guarantee
of future selection of the applicable project under the
program.
``(e) Federal Share.--
``(1) In general.--Except as provided in paragraph (2), the
Federal share of the cost of an eligible project carried out
using a grant provided under the program shall not exceed 80
percent.
``(2) Exception.--The Federal share of the cost of an
eligible project carried out in a rural area, a historically
disadvantaged community, or an area of persistent poverty using
a grant under this subsection may exceed 80 percent, at the
discretion of the Secretary.
``(3) Treatment of other federal funds.--Amounts provided
under any of the following programs shall be considered to be a
part of the non-Federal share for purposes of this subsection:
``(A) The tribal transportation program under
section 202 of title 23.
``(B) The Federal lands transportation program under
section 203 of title 23.
``(C) The TIFIA program (as defined in section
601(a) of title 23).
``(D) The Railroad Rehabilitation and Improvement
Financing Program under chapter 224.
``(f) Other Considerations.--
``(1) In general.--Of the total amount made available to
carry out the program for each fiscal year--
``(A) not more than 50 percent shall be allocated
for eligible projects located in rural areas; and
``(B) not more than 50 percent shall be allocated
for eligible projects located in urbanized areas.
``(2) Historically disadvantaged communities and areas of
persistent poverty.--Of the total amount made
[[Page 135 STAT. 675]]
available to carry out the program for each fiscal year, not
less than 1 percent shall be awarded for projects in
historically disadvantaged communities or areas of persistent
poverty.
``(3) Multimodal and geographical considerations.--In
selecting projects to receive grants under the program, the
Secretary shall take into consideration geographical and modal
diversity.
``(g) Project Planning.--Of the amounts made available to carry out
the program for each fiscal year, not less than 5 percent shall be made
available for the planning, preparation, or design of eligible projects.
``(h) Transfer of Authority.--Of the amounts made available to carry
out the program for each fiscal year, the Secretary may transfer not
more than 2 percent for a fiscal year to the Administrator of any of the
Federal Highway Administration, the Federal Transit Administration, the
Federal Railroad Administration, or the Maritime Administration to award
and oversee grants and credit assistance in accordance with this
section.
``(i) Credit Program Costs.--
``(1) In general.--Subject to paragraph (2), at the request
of an eligible entity, the Secretary may use a grant provided to
the eligible entity under the program to pay the subsidy or
credit risk premium, and the administrative costs, of an
eligible project that is eligible for Federal credit assistance
under--
``(A) chapter 224; or
``(B) chapter 6 of title 23.
``(2) Limitation.--Not more than 20 percent of the funds
made available to carry out the program for a fiscal year may be
used to carry out paragraph (1).
``(j) <<NOTE: Time period.>> Authorization of Appropriations.--There
is authorized to be appropriated to carry out this section
$1,500,000,000 for each of fiscal years 2022 through 2026, to remain
available for a period of 3 fiscal years following the fiscal year for
which the amounts are appropriated.
``(k) Reports.--
``(1) <<NOTE: Web posting.>> Annual report.--The Secretary
shall make available on the website of the Department of
Transportation at the end of each fiscal year an annual report
that describes each eligible project for which a grant was
provided under the program during that fiscal year.
``(2) <<NOTE: Deadline.>> Comptroller general.--Not later
than 1 year after the date on which the initial grants are
awarded for eligible projects under the program, the Comptroller
General of the United States shall--
``(A) <<NOTE: Review.>> review the administration
of the program, including--
``(i) the solicitation process; and
``(ii) the selection process, including--
``(I) the adequacy and fairness of
the process; and
``(II) the selection criteria; and
``(B) <<NOTE: Recommenda- tions.>> submit to the
Committee on Commerce, Science, and Transportation of
the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives a report
describing the findings of the review
[[Page 135 STAT. 676]]
under subparagraph (A), including recommendations for
improving the administration of the program, if any.''.
(b) <<NOTE: Reports.>> Study.--Not later than 1 year after the date
of enactment of this Act, the Comptroller General of the United States
shall conduct, and submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives a report describing the
results of, a study of how changes to Federal share matching
requirements and selection criteria, such as using State population data
in Department discretionary programs, may impact the allocations made to
States.
(c) Clerical Amendment.--The analysis for subtitle III of title 49,
United States Code, <<NOTE: 49 USC 5101 prec.>> is amended by adding at
the end the following:
``CHAPTER 67--Multimodal Infrastructure Investments
``6701. National infrastructure project assistance.
``6702. Local and regional project assistance.''.
SEC. 21203. NATIONAL CULVERT REMOVAL, REPLACEMENT, AND RESTORATION
GRANT PROGRAM.
(a) In General.--Chapter 67 of title 49, United States Code (as
amended by section 21202(a)), is amended by adding at the end the
following:
``Sec. 6703. <<NOTE: 49 USC 6703.>> National culvert removal,
replacement, and restoration grant program
``(a) Definitions.--In this section:
``(1) Director.--The term `Director' means the Director of
the United States Fish and Wildlife Service.
``(2) Indian tribe.--The term `Indian Tribe' has the meaning
given the term in section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 5304).
``(3) Program.--The term `program' means the annual
competitive grant program established under subsection (b).
``(4) Secretary.--The term `Secretary' means the Secretary
of Transportation.
``(5) Undersecretary.--The term `Undersecretary' means the
Undersecretary of Commerce for Oceans and Atmosphere.
``(b) <<NOTE: Consultation. Fish and fishing.>> Establishment.--The
Secretary, in consultation with the Undersecretary, shall establish an
annual competitive grant program to award grants to eligible entities
for projects for the replacement, removal, and repair of culverts or
weirs that--
``(1) would meaningfully improve or restore fish passage for
anadromous fish; and
``(2) with respect to weirs, may include--
``(A) infrastructure to facilitate fish passage
around or over the weir; and
``(B) weir improvements.
``(c) Eligible Entities.--An entity eligible to receive a grant
under the program is--
``(1) a State;
``(2) a unit of local government; or
``(3) an Indian Tribe.
``(d) <<NOTE: Consultation. Determination. Criteria.>> Grant
Selection Process.--The Secretary, in consultation with the
Undersecretary and the Director, shall establish a process for
determining criteria for awarding grants under the program, subject to
subsection (e).
[[Page 135 STAT. 677]]
``(e) <<NOTE: Consultation. Procedures.>> Prioritization.--The
Secretary, in consultation with the Undersecretary and the Director,
shall establish procedures to prioritize awarding grants under the
program to--
``(1) <<NOTE: Fish and fishing.>> projects that would
improve fish passage for--
``(A) anadromous fish stocks listed as an endangered
species or a threatened species under section 4 of the
Endangered Species Act of 1973 (16 U.S.C. 1533);
``(B) anadromous fish stocks identified by the
Undersecretary or the Director that could reasonably
become listed as an endangered species or a threatened
species under that section;
``(C) anadromous fish stocks identified by the
Undersecretary or the Director as prey for endangered
species, threatened species, or protected species,
including Southern resident orcas (Orcinus orcas); or
``(D) anadromous fish stocks identified by the
Undersecretary or the Director as climate resilient
stocks; and
``(2) projects that would open up more than 200 meters of
upstream habitat before the end of the natural habitat.
``(f) Federal Share.--The Federal share of the cost of a project
carried out with a grant to a State or a unit of local government under
the program shall be not more than 80 percent.
``(g) <<NOTE: Consultation.>> Technical Assistance.--The Secretary,
in consultation with the Undersecretary and the Director, shall develop
a process to provide technical assistance to Indian Tribes and
underserved communities to assist in the project design and grant
process and procedures.
``(h) Administrative Expenses.--Of the amounts made available for
each fiscal year to carry out the program, the Secretary, the
Undersecretary, and the Director may use not more than 2 percent to pay
the administrative expenses necessary to carry out this section.
``(i) <<NOTE: Time period.>> Authorization of Appropriations.--There
is authorized to be appropriated to carry out the program $800,000,000
for each of fiscal years 2022 through 2026.''.
(b) Clerical Amendment.--The analysis for chapter 67 of title 49,
United States Code (as added by section 21202(c)), <<NOTE: 49 USC 6701
prec.>> is amended by adding at the end the following:
``6703. National culvert removal, replacement, and restoration grant
program.''.
SEC. 21204. NATIONAL MULTIMODAL COOPERATIVE FREIGHT RESEARCH
PROGRAM.
(a) In General.--Chapter 702 of title 49, United States Code (as
amended by section 21106(a)), is amended by inserting after section
70204 the following:
``Sec. 70205. <<NOTE: 49 USC 70205.>> National multimodal
cooperative freight research program
``(a) <<NOTE: Deadline.>> Establishment.--Not later than 1 year
after the date of enactment of this section, the Secretary of
Transportation (referred to in this section as the `Secretary') shall
establish and support a national cooperative freight transportation
research program.
``(b) Administration by National Academy of Sciences.--
``(1) <<NOTE: Contracts.>> In general.--The Secretary shall
enter into an agreement with the National Academy of Sciences to
support and
[[Page 135 STAT. 678]]
carry out administrative and management activities under the
program established under subsection (a).
``(2) <<NOTE: Establishment.>> Advisory committee.--To
assist the National Academy of Sciences in carrying out this
subsection, the National Academy shall establish an advisory
committee, the members of which represent a cross-section of
multimodal freight stakeholders, including--
``(A) the Department of Transportation and other
relevant Federal departments and agencies;
``(B) State (including the District of Columbia)
departments of transportation;
``(C) units of local government, including public
port authorities;
``(D) nonprofit entities;
``(E) institutions of higher education;
``(F) labor organizations representing employees in
freight industries; and
``(G) private sector entities representing various
transportation modes.
``(c) Activities.--
``(1) National research agenda.--
``(A) <<NOTE: Consultation. Recommenda-
tions. Strategic plan.>> In general.--The advisory
committee established under subsection (b)(2), in
consultation with interested parties, shall recommend a
national research agenda for the program in accordance
with subsection (d), which shall include a multiyear
strategic plan.
``(B) Action by interested parties.--For purposes of
subparagraph (A), an interested party may--
``(i) <<NOTE: Proposals.>> submit to the
advisory committee research proposals;
``(ii) <<NOTE: Reviews.>> participate in
merit reviews of research proposals and peer
reviews of research products; and
``(iii) receive research results.
``(2) Research contracts and grants.--
``(A) In general.--The National Academy of Sciences
may award research contracts and grants under the
program established under subsection (a) through--
``(i) open competition; and
``(ii) <<NOTE: Reviews.>> merit review,
conducted on a regular basis.
``(B) Evaluation.--
``(i) Peer review.--A contract or grant for
research under subparagraph (A) may allow peer
review of the research results.
``(ii) Programmatic evaluations.--The National
Academy of Sciences may conduct periodic
programmatic evaluations on a regular basis of a
contract or grant for research under subparagraph
(A).
``(C) Dissemination of findings.--The National
Academy of Sciences shall disseminate the findings of
any research conducted under this paragraph to relevant
researchers, practitioners, and decisionmakers through--
``(i) conferences and seminars;
``(ii) field demonstrations;
``(iii) workshops;
``(iv) training programs;
``(v) presentations;
``(vi) testimony to government officials;
[[Page 135 STAT. 679]]
``(vii) publicly accessible websites;
``(viii) publications for the general public;
and
``(ix) other appropriate means.
``(3) <<NOTE: Public information. Web posting.>> Report.--
Not later than 1 year after the date of establishment of the
program under subsection (a), and annually thereafter, the
Secretary shall make available on a public website a report that
describes the ongoing research and findings under the program.
``(d) Areas for Research.--The national research agenda under
subsection (c)(1) shall consider research in the following areas:
``(1) Improving the efficiency and resiliency of freight
movement, including--
``(A) improving the connections between rural areas
and domestic and foreign markets;
``(B) maximizing infrastructure utility, including
improving urban curb-use efficiency;
``(C) quantifying the national impact of blocked
railroad crossings;
``(D) improved techniques for estimating and
quantifying public benefits derived from freight
transportation projects; and
``(E) low-cost methods to reduce congestion at
bottlenecks.
``(2) Adapting to future trends in freight, including--
``(A) considering the impacts of e-commerce;
``(B) automation; and
``(C) zero-emissions transportation.
``(3) Workforce considerations in freight, including--
``(A) diversifying the freight transportation
industry workforce; and
``(B) creating and transitioning a workforce capable
of designing, deploying, and operating emerging
technologies.
``(e) Federal Share.--
``(1) In general.--The Federal share of the cost of an
activity carried out under this section shall be up to 100
percent.
``(2) Use of non-federal funds.--In addition to using funds
made available to carry out this section, the National Academy
of Sciences may seek and accept additional funding from public
and private entities capable of accepting funding from the
Department of Transportation, States, units of local government,
nonprofit entities, and the private sector.
``(f) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary $3,750,000 for each fiscal year to carry
out the program established under subsection (a), to remain available
until expended.
``(g) Sunset.--The program established under subsection (a) shall
terminate 5 years after the date of enactment of this section.''.
(b) Clerical Amendment.--The analysis for chapter 702 of title 49,
United States Code <<NOTE: 49 USC 70201 prec.>> (as amended by section
21106(b)), is amended by inserting after the item relating to section
70204 the following:
``70205. National multimodal cooperative freight research program.''.
[[Page 135 STAT. 680]]
SEC. 21205. RURAL AND TRIBAL INFRASTRUCTURE ADVANCEMENT.
(a) <<NOTE: 49 USC 116 note.>> Definitions.--In this section:
(1) Build america bureau.--The term ``Build America Bureau''
means the National Surface Transportation and Innovative Finance
Bureau established under section 116 of title 49, United States
Code.
(2) Eligible entity.--The term ``eligible entity'' means--
(A) a unit of local government or political
subdivision that is located outside of an urbanized area
with a population of more than 150,000 residents, as
determined by the Bureau of the Census;
(B) a State seeking to advance a project located in
an area described in subparagraph (A);
(C) a federally recognized Indian Tribe; and
(D) the Department of Hawaiian Home Lands.
(3) Eligible program.--The term ``eligible program'' means
any program described in--
(A) subparagraph (A) or (B) of section 116(d)(1) of
title 49, United States Code;
(B) section 118(d)(3)(A) of that title (as added by
section 21101(a)); or
(C) chapter 67 of that title (as added by section
21201).
(4) Pilot program.--The term ``pilot program'' means the
Rural and Tribal Assistance Pilot Program established under
subsection (b)(1).
(b) Establishment.--
(1) In general.--The Secretary shall establish within the
Build America Bureau a pilot program, to be known as the ``Rural
and Tribal Assistance Pilot Program'', to provide to eligible
entities the assistance and information described in paragraph
(2).
(2) Assistance and information.--In carrying out the pilot
program, the Secretary may provide to an eligible entity the
following:
(A) Financial, technical, and legal assistance to
evaluate potential projects reasonably expected to be
eligible to receive funding or financing assistance
under an eligible program.
(B) Assistance with development-phase activities,
including--
(i) project planning;
(ii) feasibility studies;
(iii) revenue forecasting and funding and
financing options analyses;
(iv) environmental review;
(v) preliminary engineering and design work;
(vi) economic assessments and cost-benefit
analyses;
(vii) public benefit studies;
(viii) statutory and regulatory framework
analyses;
(ix) value for money studies;
(x) evaluations of costs to sustain the
project;
(xi) evaluating opportunities for private
financing and project bundling; and
(xii) any other activity determined to be
appropriate by the Secretary.
[[Page 135 STAT. 681]]
(C) Information regarding innovative financing best
practices and case studies, if the eligible entity is
interested in using innovative financing methods.
(c) Assistance From Expert Firms.--The Secretary may retain the
services of expert firms, including counsel, in the field of municipal
and project finance to assist in providing financial, technical, and
legal assistance to eligible entities under the pilot program.
(d) Website.--
(1) Description of pilot program.--
(A) <<NOTE: Public information.>> In general.--The
Secretary shall make publicly available on the website
of the Department a description of the pilot program,
including--
(i) the resources available to eligible
entities under the pilot program; and
(ii) the application process established under
paragraph (2)(A).
(B) Clearinghouse.--The Secretary may establish a
clearinghouse for tools, templates, and best practices
on the page of the website of the Department that
contains the information described in subparagraph (A).
(2) Applications.--
(A) <<NOTE: Deadline.>> In general.--Not later than
180 days after the date of enactment of this Act, the
Secretary shall establish a process by which an eligible
entity may submit to the Secretary an application under
the pilot program, in such form and containing such
information as the Secretary may require.
(B) <<NOTE: Public information.>> Online portal.--
The Secretary shall develop and make available to the
public an online portal through which the Secretary may
receive applications under subparagraph (A), on a
rolling basis.
(C) <<NOTE: Deadlines.>> Approval.--
(i) <<NOTE: Notice.>> In general.--Not later
than 60 days after the date on which the Secretary
receives a complete application under subparagraph
(A), the Secretary shall provide to each eligible
entity that submitted the application a notice
describing whether the application is approved or
disapproved.
(ii) Additional written notification.--
(I) In general.--Not later than 30
days after the date on which the
Secretary provides to an eligible entity
a notification under clause (i), the
Secretary shall provide to the eligible
entity an additional written
notification of the approval or
disapproval of the application.
(II) <<NOTE: Briefing.>>
Disapproved applications.--If the
application of an eligible entity is
disapproved under this subparagraph, the
additional written notification provided
to the eligible entity under subclause
(I) shall include an offer for a written
or telephonic debrief by the Secretary
that will provide an explanation of, and
guidance regarding, the reasons why the
application was disapproved.
(iii) Insufficient applications.--The
Secretary shall not approve an application under
this subparagraph if the application fails to meet
the applicable criteria established under this
section.
[[Page 135 STAT. 682]]
(3) <<NOTE: Web postings. Reports.>> Dashboard.--The
Secretary shall publish on the website of the Department a
monthly report that includes, for each application received
under the pilot program--
(A) the type of eligible entity that submitted the
application;
(B) the location of each potential project described
in the application;
(C) a brief description of the assistance requested;
(D) the date on which the Secretary received the
application; and
(E) the date on which the Secretary provided the
notice of approval or disapproval under paragraph
(2)(C)(i).
(e) Experts.--An eligible entity that receives assistance under the
pilot program may retain the services of an expert for any phase of a
project carried out using the assistance, including project development,
regardless of whether the expert is retained by the Secretary under
subsection (c).
(f) Funding.--
(1) In general.--For each of fiscal years 2022 through 2026,
the Secretary may use to carry out the pilot program, including
to retain the services of expert firms under subsection (c), any
amount made available to the Secretary to provide credit
assistance under an eligible program that is not otherwise
obligated, subject to paragraph (2).
(2) Limitation.--The amount used under paragraph (1) to
carry out the pilot program shall be not more than--
(A) $1,600,000 for fiscal year 2022;
(B) $1,800,000 for fiscal year 2023;
(C) $2,000,000 for fiscal year 2024;
(D) $2,200,000 for fiscal year 2025; and
(E) $2,400,000 for fiscal year 2026.
(3) Geographical distribution.--Not more than 20 percent of
the funds made available to carry out the pilot program for a
fiscal year may be used for projects in a single State during
that fiscal year.
(g) Sunset.--The pilot program shall terminate on the date that is 5
years after the date of enactment of this Act.
(h) Nonapplicability.--Nothing in this section limits the ability of
the Build America Bureau or the Secretary to establish or carry out any
other assistance program under title 23 or title 49, United States Code.
(i) Administration by Build America Bureau.--Section 116(d)(1) of
title 49, United States Code (as amended by section 21101(d)(4)), is
amended by adding at the end the following:
``(D) The Rural and Tribal Assistance Pilot Program
established under section 21205(b)(1) of the Surface
Transportation Investment Act of 2021.''.
Subtitle C--Railroad Rehabilitation and Improvement Financing Reforms
SEC. 21301. RRIF CODIFICATION AND REFORMS.
(a) Codification of Title V of the Railroad Revitalization and
Regulatory Reform Act of 1976.--Part B of subtitle V of title 49, United
States Code, <<NOTE: 49 USC 22401 prec.>> is amended--
[[Page 135 STAT. 683]]
(1) by inserting after chapter 223 <<NOTE: 49 USC 22401
prec.>> the following chapter analysis:
``Chapter 224--Railroad Rehabilitation and Improvement Financing
``Sec.
``22401. Definitions.
``22402. Direct loans and loan guarantees.
``22403. Administration of direct loans and loan guarantees.
``22404. Employee protection.
``22405. Substantive criteria and standards.
``22406. Authorization of appropriations.'';
(2) by inserting after the chapter analysis the following
section headings:
``Sec. 22401. <<NOTE: 49 USC 22401.>> Definitions
``Sec. 22402. <<NOTE: 49 USC 22402.>> Direct loans and loan
guarantees
``Sec. 22403. <<NOTE: 49 USC 22403.>> Administration of direct
loans and loan guarantees
``Sec. 22404. <<NOTE: 49 USC 22404.>> Employee protection'';
(3) by inserting after the section heading for section
22401, as added by paragraph (2), the text of section 501 of the
Railroad Revitalization and Regulatory Reform Act of 1976 (45
U.S.C. 821);
(4) by inserting after the section heading for section
22402, as added by paragraph (2), the text of section 502 of the
Railroad Revitalization and Regulatory Reform Act of 1976 (45
U.S.C. 822);
(5) by inserting after the section heading for section
22403, as added by paragraph (2), the text of section 503 of the
Railroad Revitalization and Regulatory Reform Act of 1976 (45
U.S.C. 823); and
(6) by inserting after the section heading for section
22404, as added by paragraph (2), the text of section 504 of the
Railroad Revitalization and Regulatory Reform Act of 1976 (45
U.S.C. 836).
(b) Conforming Repeals.--
(1) Repeals.--
(A) Sections 501, 502, 503, and 504 of the Railroad
Revitalization and Regulatory Reform Act of 1976 (45
U.S.C. 821, 822, 823, and 836) are repealed.
(B) Section 9003(j) of the Safe, Accountable,
Flexible, Efficient Transportation Equity Act: A Legacy
for Users (45 U.S.C. 822 note) is repealed.
(2) <<NOTE: 45 USC 821 note.>> Savings provision.--The
repeals under paragraph (1) shall not affect the rights and
duties that matured under the repealed sections, the penalties
that were incurred under such sections, or any proceeding
authorized under any such section that commenced before the date
of enactment of this Act.
(c) Definitions.--
(1) Headings.--Section 22401 of title 49, United States
Code, as added by subsection (a)(2), and amended by subsection
(a)(3), is further amended--
(A) in paragraph (1)--
(i) by striking ``(1)(A) The'' and inserting
the following:
``(1) Cost.--
``(A) The''; and
[[Page 135 STAT. 684]]
(ii) by indenting subparagraphs (B) through
(F) appropriately; and
(B) in each of paragraphs (2) through (14), by
inserting a paragraph heading, the text of which is
comprised of the term defined in the paragraph.
(2) Other technical amendments.--Section 22401 of title 49,
United States Code, as added by subsection (a)(2), and amended
by subsection (a)(3) and paragraph (1) of this subsection, is
further amended--
(A) in the matter preceding paragraph (1), by
striking ``For purposes of this title:'' and inserting
``In this chapter:'';
(B) in paragraph (11), by striking ``under this
title'' and inserting ``under this chapter'';
(C) by amending paragraph (12) to read as follows:
``(12) Railroad.--The term `railroad' includes--
``(A) any railroad or railroad carrier (as such
terms are defined in section 20102); and
``(B) any rail carrier (as defined in section
24102).'';
(D) by redesignating paragraph (14) as paragraph
(15); and
(E) by inserting after paragraph (13) the following:
``(14) Secretary.--The term `Secretary' means the Secretary
of Transportation.''.
(d) Direct Loans and Loan Guarantees.--Section 22402 of title 49,
United States Code, as added by subsection (a)(2), and amended by
subsection (a)(4), is further amended--
(1) in subsection (a)--
(A) in paragraph (2), by inserting ``entities
implementing'' before ``interstate compacts'';
(B) in paragraph (5)--
(i) by inserting ``entities participating in''
before ``joint ventures''; and
(ii) by striking ``and'' at the end; and
(C) by striking paragraph (6) and inserting the
following:
``(6) limited option freight shippers that own or operate a
plant or other facility, solely for the purpose of constructing
a rail connection between a plant or facility and a railroad;
and
``(7) private entities with controlling ownership in 1 or
more freight railroads other than Class I carriers.'';
(2) in subsection (b)--
(A) by amending paragraph (1) to read as follows:
``(1) In general.--Direct loans and loan guarantees
authorized under this section shall be used--
``(A) to acquire, improve, or rehabilitate
intermodal or rail equipment or facilities, including
track, components of track, cuts and fills, stations,
tunnels, bridges, yards, buildings, and shops, and to
finance costs related to those activities, including
pre-construction costs;
``(B) to develop or establish new intermodal or
railroad facilities;
``(C) to develop landside port infrastructure for
seaports serviced by rail;
``(D) to refinance outstanding debt incurred for the
purposes described in subparagraph (A) , (B), or (C);
[[Page 135 STAT. 685]]
``(E) <<NOTE: Reimbursement.>> to reimburse
planning, permitting, and design expenses relating to
activities described in subparagraph (A), (B), or (C);
or
``(F) to finance economic development, including
commercial and residential development, and related
infrastructure and activities, that--
``(i) incorporates private investment of
greater than 20 percent of total project costs;
``(ii) is physically connected to, or is
within \1/2\ mile of, a fixed guideway transit
station, an intercity bus station, a passenger
rail station, or a multimodal station, provided
that the location includes service by a railroad;
``(iii) <<NOTE: Deadline.>> demonstrates the
ability of the applicant to commence the
contracting process for construction not later
than 90 days after the date on which the direct
loan or loan guarantee is obligated for the
project under this chapter; and
``(iv) demonstrates the ability to generate
new revenue for the relevant passenger rail
station or service by increasing ridership,
increasing tenant lease payments, or carrying out
other activities that generate revenue exceeding
costs.''; and
(B) by striking paragraph (3);
(3) in subsection (c)--
(A) in paragraph (1), by striking ``of title 49,
United States Code''; and
(B) in paragraph (5), by striking ``title 49, United
States Code,'' and inserting ``this title'';
(4) in subsection (e), by amending paragraph (1) to read as
follows:
``(1) Direct loans.--The interest rate on a direct loan
under this section shall be not less than the yield on United
States Treasury securities of a similar maturity to the maturity
of the secured loan on the date of execution of the loan
agreement.'';
(5) in subsection (f)--
(A) in paragraph (3)--
(i) in the matter preceding subparagraph (A)--
(I) by striking ``An applicant may
propose and'' and inserting ``Upon
receipt of a proposal from an applicant
under this section,''; and
(II) by striking ``tangible asset''
and inserting ``collateral described in
paragraph (6)'';
(ii) in subparagraph (B)(ii), by inserting ``,
including operating or tenant charges, facility
rents, or other fees paid by transportation
service providers or operators for access to, or
the use of, infrastructure, including rail lines,
bridges, tunnels, yards, or stations'' after
``user fees'';
(iii) in subparagraph (C), by striking
``$75,000,000'' and inserting ``$150,000,000'';
and
(iv) by adding at the end the following:
``(D) Revenue from projected freight or passenger
demand for the project based on regionally developed
economic forecasts, including projections of any modal
diversion resulting from the project.''; and
[[Page 135 STAT. 686]]
(B) by adding at the end the following:
``(5) <<NOTE: Deadline.>> Cohorts of loans.--Subject to the
availability of funds appropriated by Congress under section
22406(a)(2), for any direct loan issued before the date of
enactment of the Fixing America's Surface Transportation Act
(Public Law 114-94) pursuant to sections 501 through 504 of the
Railroad Revitalization and Regulatory Reform Act of 1976
(Public Law 94-210), the Secretary shall repay the credit risk
premiums of such loan, with interest accrued thereon, not later
than--
``(A) 60 days after the date of enactment of the
Surface Transportation Investment Act of 2021 if the
borrower has satisfied all obligations attached to such
loan; or
``(B) if the borrower has not yet satisfied all
obligations attached to such loan, 60 days after the
date on which all obligations attached to such loan have
been satisfied.
``(6) Collateral.--
``(A) <<NOTE: Evaluations.>> Types of collateral.--
An applicant or infrastructure partner may propose
tangible and intangible assets as collateral, exclusive
of goodwill. The Secretary, after evaluating each such
asset--
``(i) shall accept a net liquidation value of
collateral; and
``(ii) shall consider and may accept--
``(I) the market value of
collateral; or
``(II) in the case of a blanket
pledge or assignment of an entire
operating asset or basket of assets as
collateral, the market value of assets,
or, the market value of the going
concern, considering--
``(aa) inclusion in the
pledge of all the assets
necessary for independent
operational utility of the
collateral, including tangible
assets such as real property,
track and structure, motive
power, equipment and rolling
stock, stations, systems and
maintenance facilities and
intangible assets such as long-
term shipping agreements,
easements, leases and access
rights such as for trackage and
haulage;
``(bb) interchange
commitments; and
``(cc) the value of the
asset as determined through the
cost or market approaches, or
the market value of the going
concern, with the latter
considering discounted cash
flows for a period not to exceed
the term of the direct loan or
loan guarantee.
``(B) Appraisal standards.--In evaluating appraisals
of collateral under subparagraph (A), the Secretary
shall consider--
``(i) adherence to the substance and
principles of the Uniform Standards of
Professional Appraisal Practice, as developed by
the Appraisal Standards Board of the Appraisal
Foundation; and
``(ii) the qualifications of the appraisers to
value the type of collateral offered.
``(7) Repayment of credit risk premiums.--The Secretary
shall return credit risk premiums paid, and interest accrued
[[Page 135 STAT. 687]]
on such premiums, to the original source when all obligations of
a loan or loan guarantee have been satisfied. This paragraph
applies to any project that has been granted assistance under
this section after the date of enactment of the Surface
Transportation Investment Act of 2021.'';
(6) in subsection (g), by amending paragraph (1) the read as
follows:
``(1) <<NOTE: Time period.>> repayment of the obligation is
required to be made within a term that is not longer than the
shorter of--
``(A) 75 years after the date of substantial
completion of the project;
``(B) the estimated useful life of the rail
equipment or facilities to be acquired, rehabilitated,
improved, developed, or established, subject to an
adequate determination of long-term risk; or
``(C) for projects determined to have an estimated
useful life that is longer than 35 years, the period
that is equal to the sum of--
``(i) 35 years; and
``(ii) the product of--
``(I) the difference between the
estimated useful life and 35 years;
multiplied by
``(II) 75 percent.'';
(7) in subsection (h)--
(A) in paragraph (3)--
(i) in subparagraph (A)--
(I) by striking ``of title 49,
United States Code'';
(II) by striking ``the National
Railroad Passenger Corporation'' and
inserting ``Amtrak''; and
(III) by striking ``of that title'';
and
(ii) in subparagraph (B), by striking
``section 504 of this Act'' and inserting
``section 22404''; and
(B) in paragraph (4), by striking ``(b)(1)(E)'' and
inserting ``(b)(1)(F)'';
(8) in subsection (i)--
(A) by amending paragraph (4) to read as follows:
``(4) <<NOTE: Loans.>> Streamlined application review
process.--
``(A) <<NOTE: Deadline. Procedures.>> In general.--
Not later than 180 days after the date of enactment of
the Surface Transportation Investment Act of 2021, the
Secretary shall implement procedures and measures to
economize and make available an streamlined application
process or processes at the request of applicants
seeking loans or loan guarantees.
``(B) Criteria.--Applicants seeking loans and loan
guarantees under this section shall--
``(i) seek a total loan or loan guarantee
value not exceeding $150,000,000;
``(ii) meet eligible project purposes
described in subparagraphs (A) and (B) of
subsection (b)(1); and
``(iii) <<NOTE: Consultation.>> meet other
criteria considered appropriate by the Secretary,
in consultation with the Council on Credit and
Finance of the Department of Transportation.
``(C) <<NOTE: Time period.>> Expedited credit
review.--The total period between the submission of an
application and the approval or disapproval of an
application for a direct loan or loan guarantee under
this paragraph may not exceed 90 days.
[[Page 135 STAT. 688]]
If an application review conducted under this paragraph
exceeds 90 days, the Secretary shall--
``(i) <<NOTE: Notice. Estimate.>> provide
written notice to the applicant, including a
justification for the delay and updated estimate
of the time needed for approval or disapproval;
and
``(ii) <<NOTE: Publication.>> publish the
notice on the dashboard described in paragraph
(5).'';
(B) in paragraph (5)--
(i) in subparagraph (E), by striking ``and''
at the end;
(ii) in subparagraph (F), by adding ``; and''
at the end; and
(iii) by adding at the end the following:
``(G) whether the project utilized the streamlined
application process under paragraph (4).''; and
(C) by adding at the end the following:
``(6) Creditworthiness review status.--
``(A) In general.--The Secretary shall maintain
status information related to each application for a
loan or loan guarantee, which shall be provided to the
applicant upon request, including--
``(i) the total value of the proposed loan or
loan guarantee;
``(ii) the name of the applicant or applicants
submitting the application;
``(iii) the proposed capital structure of the
project to which the loan or loan guarantee would
be applied, including the proposed Federal and
non-Federal shares of the total project cost;
``(iv) the type of activity to receive credit
assistance, including whether the project is new
construction, the rehabilitation of existing rail
equipment or facilities, or the refinancing an
existing loan or loan guarantee;
``(v) if a deferred payment is proposed, the
length of such deferment;
``(vi) the credit rating or ratings provided
for the applicant;
``(vii) if other credit instruments are
involved, the proposed subordination relationship
and a description of such other credit
instruments;
``(viii) <<NOTE: Schedule.>> a schedule for
the readiness of proposed investments for
financing;
``(ix) a description of any Federal permits
required, including under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321
et seq.) and any waivers under section 5323(j)
(commonly known as the `Buy America Act');
``(x) other characteristics of the proposed
activity to be financed, borrower, key agreements,
or the nature of the credit that the Secretary
considers to be fundamental to the
creditworthiness review;
``(xi) the status of the application in the
pre-application review and selection process;
``(xii) the cumulative amounts paid by the
Secretary to outside advisors related to the
application, including financial and legal
advisors;
[[Page 135 STAT. 689]]
``(xiii) <<NOTE: Determination.>> a
description of the key rating factors used by the
Secretary to determine credit risk, including--
``(I) the factors used to determine
risk for the proposed application;
``(II) an adjectival risk rating for
each identified factor, ranked as either
low, moderate, or high;
``(xiv) <<NOTE: Estimate.>> a nonbinding
estimate of the credit risk premium, which may be
in the form of--
``(I) a range, based on the
assessment of risk factors described in
clause (xiii); or
``(II) a justification for why the
estimate of the credit risk premium
cannot be determined based on available
information; and
``(xv) a description of the key information
the Secretary needs from the applicant to complete
the credit review process and make a final
determination of the credit risk premium.
``(B) Report upon request.--The Secretary shall
provide the information described in subparagraph (A)
not later than 30 days after a request from the
applicant.
``(C) Exception.--Applications processed using the
streamlined application review process under paragraph
(4) are not subject to the requirements under this
paragraph.'';
(9) in subsection (l)(2)(A)(iii), by striking ``under this
title'' and inserting ``under this chapter'';
(10) in subsection (m)(1), by striking ``under this title''
and inserting ``under this chapter''; and
(11) by adding at the end the following:
``(n) Non-Federal Share.--The proceeds of a loan provided under this
section may be used as the non-Federal share of project costs for any
grant program administered by the Secretary if such loan is repayable
from non-Federal funds.''.
(e) Administration of Direct Loans and Loan Guarantees.--Section
22403 of title 49, United States Code, as added by subsection (a)(2),
and amended by subsection (a)(5), is further amended--
(1) in subsection (a)--
(A) by striking ``The Secretary shall'' and
inserting the following:
``(1) In general.--The Secretary shall'';
(B) in paragraph (1), as designated by subparagraph
(A), by striking ``section 502'' and inserting ``section
22402''; and
(C) by adding at the end the following:
``(2) Documentation.--An applicant meeting the size standard
for small business concerns established under section 3(a)(2) of
the Small Business Act (15 U.S.C. 632(a)(2)) may provide
unaudited financial statements as documentation of historical
financial information if such statements are accompanied by the
applicant's Federal tax returns and Internal Revenue Service tax
verifications for the corresponding years.'';
(2) in subsection (d)(3), by striking ``section 502(f)'' and
inserting ``section 22402(f)'';
(3) in subsection (l)(3)(B), by striking ``serving a direct
loan'' and inserting ``servicing a direct loan''; and
(4) in each of subsections (b) through (m), as applicable--
[[Page 135 STAT. 690]]
(A) by striking ``section 502'' each place it
appears and inserting ``section 22402''; and
(B) by striking ``this title'' each place it appears
and inserting ``this chapter''.
(f) Employee Protection.--Section 22404 of title 49, United States
Code, as added by subsection (a)(2), and amended by subsection (a)(6),
is further amended--
(1) in subsection (a)--
(A) by striking ``not otherwise protected under
title V of the Regional Rail Reorganization Act of 1973
(45 U.S.C. 771 et seq.),'';
(B) by striking ``under this title'' and inserting
``under this chapter'';
(C) by striking ``within 120 days after the date of
enactment of this title'' and inserting ``not later than
120 days after February 5, 1976''; and
(D) by striking ``within 150 days after the date of
enactment of this title'' and inserting ``not later than
150 days after February 5, 1976'';
(2) in subsection (b)--
(A) in the matter preceding paragraph (1)--
(i) by striking ``applicable financial
assistance under this title'' and inserting
``applicable financial assistance under this
chapter''; and
(ii) by striking ``from financial assistance
under this title'' and inserting ``from financial
assistance under this chapter'';
(B) in paragraph (3), by striking ``under this
title'' and inserting ``under this chapter''; and
(C) in paragraph (4), by striking ``to this title''
and inserting ``to this chapter''; and
(3) in subsection (c), by striking ``to this title'' and
inserting ``to this chapter''.
(g) Substantive Criteria and Standards.--Chapter 224 of title 49,
United States Code, as added by subsection (a), and amended by
subsections (c) through (f), is further amended by adding at the end the
following:
``Sec. 22405. <<NOTE: 49 USC 22405.>> Substantive criteria and
standards
``The Secretary shall--
``(1) <<NOTE: Federal Register, publication. Web
posting. Determination.>> publish in the Federal Register and
post on a website of the Department of Transportation the
substantive criteria and standards used by the Secretary to
determine whether to approve or disapprove applications
submitted under section 22402; and
``(2) <<NOTE: Procedures. Guidelines. Deadlines.>> ensure
that adequate procedures and guidelines are in place to permit
the filing of complete applications not later than 30 days after
the publication referred to in paragraph (1).''.
(h) Authorization of Appropriations.--Chapter 224 of title 49,
United States Code, as added by subsection (a), and amended by
subsections (c) through (g), is further amended by adding at the end the
following:
``Sec. 22406. <<NOTE: 49 USC 22406.>> Authorization of
appropriations.
``(a) Authorization.--
[[Page 135 STAT. 691]]
``(1) <<NOTE: Time period.>> In general.--There is
authorized to be appropriated for credit assistance under this
chapter, which shall be provided at the discretion of the
Secretary, $50,000,000 for each of fiscal years 2022 through
2026.
``(2) Refund of premium.--There is authorized to be
appropriated to the Secretary $70,000,000 to repay the credit
risk premium in accordance with section 22402(f)(5).
``(3) Availability.--Amounts appropriated pursuant to this
subsection shall remain available until expended.
``(b) Use of Funds.--
``(1) In general.--Credit assistance provided under
subsection (a) may not exceed $20,000,000 for any loan or loan
guarantee.
``(2) Administrative costs.--Not less than 3 percent of the
amounts appropriated pursuant to subsection (a) in each fiscal
year shall be made available to the Secretary for use in place
of charges collected under section 22403(l)(1) for passenger
railroads and freight railroads other than Class I carriers.
``(3) Short line set-aside.--Not less than 50 percent of the
amounts appropriated pursuant to subsection (a)(1) for each
fiscal year shall be set aside for freight railroads other than
Class I carriers.''.
(i) Clerical Amendment.--The analysis for title 49, United States
Code, is <<NOTE: 49 USC 20101 prec.>> amended by inserting after the
item relating to chapter 223 the following:
``224 . Railroad rehabilitation and improvement financing.......22401''.
(j) Technical and Conforming Amendments.--
(1) National trails system act.--Section 8(d) of the
National Trails System Act (16 U.S.C. 1247(d)) is amended by
inserting ``(45 U.S.C. 801 et seq.) and chapter 224 of title 49,
United States Code'' after ``1976''.
(2) Passenger rail reform and investment act.--Section
11315(c) of the Passenger Rail Reform and Investment Act of 2015
(23 U.S.C. 322 note; Public Law 114-94) is amended by striking
``sections 502 and 503 of the Railroad Revitalization and
Regulatory Reform Act of 1976'' and inserting ``sections 22402
and 22403 of title 49, United States Code''.
(3) Provisions classified in title 45, united states code.--
(A) Railroad revitalization and regulatory reform
act of 1976.--Section 101 of the Railroad Revitalization
and Regulatory Reform Act of 1976 (45 U.S.C. 801) is
amended--
(i) in subsection (a), in the matter preceding
paragraph (1), by striking ``It is the purpose of
the Congress in this Act to'' and inserting ``The
purpose of this Act and chapter 224 of title 49,
United States Code, is to''; and
(ii) in subsection (b), in the matter
preceding paragraph (1), by striking ``It is
declared to be the policy of the Congress in this
Act'' and inserting ``The policy of this Act and
chapter 224 of title 49, United States Code, is''.
(B) Railroad infrastructure financing improvement
act.--The Railroad Infrastructure Financing
[[Page 135 STAT. 692]]
Improvement Act (subtitle F of title XI of Public Law
114-94) is amended--
(i) in section 11607(b) (45 U.S.C. 821 note),
by striking ``All provisions under sections 502
through 504 of the Railroad Revitalization and
Regulatory Reform Act of 1976 (45 U.S.C. 801 et
seq.)'' and inserting ``All provisions under
section 22402 through 22404 of title 49, United
States Code,''; and
(ii) in section 11610(b) (45 U.S.C. 821 note),
by striking ``section 502(f) of the Railroad
Revitalization and Regulatory Reform Act of 1976
(45 U.S.C. 822(f)), as amended by section 11607 of
this Act'' and inserting ``section 22402(f) of
title 49, United States Code''.
(C) Transportation equity act for the 21st
century.--Section 7203(b)(2) of the Transportation
Equity Act for the 21st Century (Public Law 105-178; 45
U.S.C. 821 note) is amended by striking ``title V of the
Railroad Revitalization and Regulatory Reform Act of
1976 (45 U.S.C. 821 et seq.)'' and inserting ``chapter
224 of title 49, United States Code,''.
(D) Hamm alert maritime safety act of 2018.--Section
212(d)(1) of Hamm Alert Maritime Safety Act of 2018
(title II of Public Law 115-265; 45 U.S.C. 822 note) is
amended, in the matter preceding subparagraph (A), by
striking ``for purposes of section 502(f)(4) of the
Railroad Revitalization and Regulatory Reform Act of
1976 (45 U.S.C. 822(f)(4))'' and inserting ``for
purposes of section 22402 of title 49, United States
Code''.
(E) Milwaukee railroad restructuring act.--Section
15(f) of the Milwaukee Railroad Restructuring Act (45
U.S.C. 914(f)) is amended by striking ``Section 516 of
the Railroad Revitalization and Regulatory Reform Act of
1976 (45 U.S.C. 836)'' and inserting ``Section 22404 of
title 49, United States Code,''.
(F) Rock island railroad transition and employee
assistance act.--Section 104(b) of the Rock Island
Railroad Transition and Employee Assistance Act (45
U.S.C. 1003(b)) is amended--
(i) in paragraph (1)--
(I) by striking ``title V of the
Railroad Revitalization and Regulatory
Reform Act of 1976 (45 U.S.C. 821 et
seq.)'' and inserting ``chapter 224 of
title 49, United States Code,''; and
(II) by striking ``and section 18(b)
of the Milwaukee Railroad Restructuring
Act''; and
(ii) in paragraph (2), by striking ``title V
of the Railroad Revitalization and Regulatory
Reform Act of 1976, and section 516 of such Act
(45 U.S.C. 836)'' and inserting ``chapter 224 of
title 49, United States Code, including section
22404 of such title,''.
(4) Title 49.--
(A) National surface transportation and innovative
finance bureau.--Section 116(d)(1)(B) of title 49,
United States Code, is amended by striking ``sections
501 through 503 of the Railroad Revitalization and
Regulatory Reform Act of 1976 (45 U.S.C. 821-823)'' and
inserting ``sections 22401 through 22403''.
[[Page 135 STAT. 693]]
(B) Prohibited discrimination.--Section 306(b) of
title 49, United States Code, is amended--
(i) by striking ``chapter 221 or 249 of this
title,'' and inserting ``chapter 221, 224, or 249
of this title, or''; and
(ii) by striking ``, or title V of the
Railroad Revitalization and Regulatory Reform Act
of 1976 (45 U.S.C. 821 et seq.)''.
(C) Passenger rail reform and investment act of
2015.--Section 11311(d) of the Passenger Rail Reform and
Investment Act of 2015 (Public Law 114-94; 49 U.S.C.
20101 note) is amended by striking ``, and section 502
of the Railroad Revitalization and Regulatory Reform Act
of 1976 (45 U.S.C. 822)''.
(D) Grant conditions.--Section 22905(c)(2)(B) of
title 49, United States Code, is amended by striking
``section 504 of the Railroad Revitalization and
Regulatory Reform Act of 1976 (45 U.S.C. 836)'' and
inserting ``section 22404''.
(E) Passenger rail investment and improvement act of
2008.--Section 205(g) of the Passenger Rail Investment
and Improvement Act of 2008 (division B of Public Law
110-432; 49 U.S.C. 24101 note) is amended by striking
``title V of the Railroad Revitalization and Regulatory
Reform Act of 1976 (45 U.S.C. 821 et seq.)'' and
inserting ``chapter 224 of title 49, United States
Code''.
(F) Amtrak authority.--Section 24903 of title 49,
United States Code, is amended--
(i) in subsection (a)(6), by striking ``and
the Railroad Revitalization and Regulatory Reform
Act of 1976 (45 U.S.C. 801 et seq.)'' and
inserting ``, the Railroad Revitalization and
Regulatory Reform Act of 1976 (45 U.S.C. 801 et
seq.), and chapter 224 of this title''; and
(ii) in subsection (c)(2), by striking ``and
the Railroad Revitalization and Regulatory Reform
Act of 1976 (45 U.S.C. 801 et seq.)'' and
inserting ``, the Railroad Revitalization and
Regulatory Reform Act of 1976 (45 U.S.C. 801 et
seq.), and chapter 224 of this title''.
SEC. 21302. <<NOTE: Deadline. Update. Public information. 49 USC
22402 note.>> SUBSTANTIVE CRITERIA
AND STANDARDS.
Not later than 180 days after the date of enactment of this Act, the
Secretary shall update the publicly available credit program guide in
accordance with the provisions of chapter 224 of title 49, United States
Code, as added by section 21301.
SEC. 21303. <<NOTE: 49 USC 22402 note.>> SEMIANNUAL REPORT ON
TRANSIT-ORIENTED DEVELOPMENT
ELIGIBILITY.
Not later than 6 months after the date of enactment of this Act, and
every 6 months thereafter, the Secretary shall submit a report to the
Committee on Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives that identifies--
(1) the number of applications submitted to the Department
for a direct loan or loan guarantee under section 22402(b)(1)(E)
of title 49, United States Code, as amended by section 21301;
(2) the number of such loans or loan guarantees that were
provided to the applicants; and
[[Page 135 STAT. 694]]
(3) for each such application, the reasons for providing or
declining to provide the requested loan or loan guarantee.
TITLE II-- <<NOTE: Passenger Rail Expansion and Rail Safety Act of
2021.>> RAIL
SEC. 22001. <<NOTE: 49 USC 20101 note.>> SHORT TITLE.
This title may be cited as the ``Passenger Rail Expansion and Rail
Safety Act of 2021''.
Subtitle A <<NOTE: Time periods.>> --Authorization of Appropriations
SEC. 22101. GRANTS TO AMTRAK.
(a) Northeast Corridor.--There are authorized to be appropriated to
the Secretary for grants to Amtrak for activities associated with the
Northeast Corridor the following amounts:
(1) For fiscal year 2022, $1,570,000,000.
(2) For fiscal year 2023, $1,100,000,000.
(3) For fiscal year 2024, $1,200,000,000.
(4) For fiscal year 2025, $1,300,000,000.
(5) For fiscal year 2026, $1,400,000,000.
(b) National Network.--There are authorized to be appropriated to
the Secretary for grants to Amtrak for activities associated with the
National Network the following amounts:
(1) For fiscal year 2022, $2,300,000,000.
(2) For fiscal year 2023, $2,200,000,000.
(3) For fiscal year 2024, $2,450,000,000.
(4) For fiscal year 2025, $2,700,000,000.
(5) For fiscal year 2026, $3,000,000,000.
(c) Oversight.--The Secretary may withhold up to 0.5 percent from
the amount appropriated for each fiscal year pursuant to subsections (a)
and (b) for the costs of oversight of Amtrak.
(d) State-Supported Route Committee.--The Secretary may withhold up
to $3,000,000 from the amount appropriated for each fiscal year pursuant
to subsection (b) for use by the State-Supported Route Committee
established under section 24712(a) of title 49, United States Code.
(e) Northeast Corridor Commission.--The Secretary may withhold up to
$6,000,000 from the amount appropriated for each fiscal year pursuant to
subsection (a) for use by the Northeast Corridor Commission established
under section 24905(a) of title 49, United States Code.
(f) Interstate Rail Compacts.--The Secretary may withhold up to
$3,000,000 from the amount appropriated for each fiscal year pursuant to
subsection (b) for grants authorized under section 22910 of title 49,
United States Code.
(g) Accessibility Upgrades.--
(1) <<NOTE: Determination. Compliance.>> In general.--The
Secretary shall withhold $50,000,000 from the amount
appropriated for each fiscal year pursuant to subsections (a)
and (b) for grants to assist Amtrak in financing capital
projects to upgrade the accessibility of the national rail
passenger transportation system by increasing the number of
existing facilities that are compliant with the requirements
under the Americans with Disabilities Act of 1990 (42 U.S.C.
12101 et seq.) until the Secretary determines
[[Page 135 STAT. 695]]
Amtrak's existing facilities are in compliance with such
requirements.
(2) Savings provision.--Nothing in paragraph (1) may be
construed to prevent Amtrak from using additional funds
appropriated pursuant to this section to carry out the
activities authorized under such paragraph.
(h) Corridor Development.--In addition to the activities authorized
under subsection (b), Amtrak may use up to 10 percent of the amounts
appropriated under subsection (b) in each fiscal year to support Amtrak-
operated corridors selected under section 22306 for--
(1) planning and capital costs; and
(2) operating assistance consistent with the Federal funding
limitations under section 22908 of title 49, United States Code.
SEC. 22102. FEDERAL RAILROAD ADMINISTRATION.
(a) Safety and Operations.--There are authorized to be appropriated
to the Secretary for the operations of the Federal Railroad
Administration and to carry out railroad safety activities the following
amounts:
(1) For fiscal year 2022, $248,000,000.
(2) For fiscal year 2023, $254,000,000.
(3) For fiscal year 2024, $263,000,000.
(4) For fiscal year 2025, $271,000,000.
(5) For fiscal year 2026, $279,000,000.
(b) Railroad Research and Development.--There are authorized to be
appropriated to the Secretary for the use of the Federal Railroad
Administration for activities associated with railroad research and
development the following amounts:
(1) For fiscal year 2022, $43,000,000.
(2) For fiscal year 2023, $44,000,000.
(3) For fiscal year 2024, $45,000,000.
(4) For fiscal year 2025, $46,000,000.
(5) For fiscal year 2026, $47,000,000.
(c) Transportation Technology Center.--The Secretary may withhold up
to $3,000,000 from the amount appropriated for each fiscal year pursuant
to subsection (b) for activities authorized under section 20108(d) of
title 49, United States Code.
(d) Rail Research and Development Center of Excellence.--The
Secretary may withhold up to 10 percent of the amount appropriated for
each fiscal year under subsection (b) for grants authorized under
section 20108(j) of title 49, United States Code.
SEC. 22103. CONSOLIDATED RAIL INFRASTRUCTURE AND SAFETY
IMPROVEMENTS GRANTS.
(a) In General.--There is authorized to be appropriated to the
Secretary for grants under section 22907 of title 49, United States
Code, $1,000,000,000 for each of fiscal years 2022 through 2026.
(b) Oversight.--The Secretary may withhold up to 2 percent from the
amount appropriated for each fiscal year pursuant to subsection (a) for
the costs of project management oversight of grants authorized under
title 49, United States Code.
SEC. 22104. RAILROAD CROSSING ELIMINATION PROGRAM.
(a) <<NOTE: Grants.>> In General.--There is authorized to be
appropriated to the Secretary for grants under section 22909 of title
49, United
[[Page 135 STAT. 696]]
States Code, as added by section 22305, $500,000,000 for each of fiscal
years 2022 through 2026.
(b) Planning Projects.--Not less than 3 percent of the amount
appropriated in each fiscal year pursuant to subsection (a) year shall
be used for planning projects described in section 22909(d)(6) of title
49, United States Code.
(c) <<NOTE: Contracts. Grants.>> Highway-rail Grade Crossing Safety
Information and Education Program.--Of the amount appropriated under
subsection (a) in each fiscal year, 0.25 percent shall be used for
contracts or grants to carry out a highway-rail grade crossing safety
information and education program--
(1) to help prevent and reduce pedestrian, motor vehicle,
and other accidents, incidents, injuries, and fatalities; and
(2) to improve awareness along railroad rights-of-way and at
highway-rail grade crossings.
(d) Oversight.--The Secretary may withhold up to 2 percent from the
amount appropriated for each fiscal year pursuant to subsection (a) for
the costs of project management oversight of grants authorized under
title 49, United States Code.
SEC. 22105. RESTORATION AND ENHANCEMENT GRANTS.
(a) In General.--There is authorized to be appropriated to the
Secretary for grants under section 22908 of title 49, United States
Code, $50,000,000 for each of fiscal years 2022 through 2026.
(b) Oversight.--The Secretary may withhold up to 1 percent of the
amount appropriated for each fiscal year pursuant to subsection (a) for
the costs of project management oversight of grants authorized under
title 49, United States Code.
SEC. 22106. FEDERAL-STATE PARTNERSHIP FOR INTERCITY PASSENGER RAIL
GRANTS.
(a) In General.--There is authorized to be appropriated to the
Secretary for grants under section 24911 of title 49, United States
Code, $1,500,000,000 for each of fiscal years 2022 through 2026.
(b) Oversight.--The Secretary may withhold up to 2 percent of the
amount appropriated under subsection (a) for the costs of project
management oversight of grants authorized under title 49, United States
Code.
SEC. 22107. AMTRAK OFFICE OF INSPECTOR GENERAL.
There are authorized to be appropriated to the Office of Inspector
General of Amtrak the following amounts:
(1) For fiscal year 2022, $26,500,000.
(2) For fiscal year 2023, $27,000,000.
(3) For fiscal year 2024, $27,500,000.
(4) For fiscal year 2025, $28,000,000.
(5) For fiscal year 2026, $28,500,000.
Subtitle B--Amtrak Reforms
SEC. 22201. AMTRAK FINDINGS, MISSION, AND GOALS.
(a) Findings.--Section 24101(a) of title 49, United States Code, is
amended--
(1) in paragraph (1), by striking ``between crowded urban
areas and in other areas of'' and inserting ``throughout'';
[[Page 135 STAT. 697]]
(2) in paragraph (4), by striking ``to Amtrak to achieve a
performance level sufficient to justify expending public money''
and inserting ``in order to meet the intercity passenger rail
needs of the United States'';
(3) in paragraph (5)--
(A) by inserting ``intercity passenger and'' before
``commuter''; and
(B) by inserting ``and rural'' after ``major
urban;'' and
(4) by adding at the end the following:
``(9) Long-distance routes are valuable resources of the United
States that are used by rural and urban communities.''.
(b) Goals.--Section 24101(c) of title 49, United States Code, is
amended--
(1) by amending paragraph (1) to read as follows:
``(1) use its best business judgment in acting to maximize
the benefits of Federal investments, including--
``(A) offering competitive fares;
``(B) increasing revenue from the transportation of
mail and express;
``(C) offering food service that meets the needs of
its customers;
``(D) improving its contracts with rail carriers
over whose tracks Amtrak operates;
``(E) controlling or reducing management and
operating costs; and
``(F) providing economic benefits to the communities
it serves;'';
(2) in paragraph (11), by striking ``and'' at the end;
(3) in paragraph (12), by striking the period at the end and
inserting ``; and''; and
(4) by adding at the end the following:
``(13) support and maintain established long-distance routes
to provide value to the Nation by serving customers throughout
the United States and connecting urban and rural communities.''.
(c) Increasing Revenues.--Section 24101(d) of title 49, United
States Code, is amended to read as follows:
``(d) Increasing Revenues.--Amtrak is encouraged to make agreements
with private sector entities and to undertake initiatives that are
consistent with good business judgment and designed to generate
additional revenues to advance the goals described in subsection (c).''.
SEC. 22202. COMPOSITION OF AMTRAK'S BOARD OF DIRECTORS.
(a) Selection; Composition; Chair.--Section 24302(a) of title 49,
United States Code, is amended--
(1) in paragraph (1)--
(A) in subparagraph (B), by striking ``President''
and inserting ``Chief Executive Officer''; and
(B) in subparagraph (C), by inserting ``, at least 1
of whom shall be an individual with a disability (as
defined in section 3 of the Americans with Disabilities
Act of 1990 (42 U.S.C. 12102)) who has a demonstrated
history of, or experience with, accessibility, mobility,
and inclusive transportation in passenger rail or
commuter rail'' before the period at the end;
[[Page 135 STAT. 698]]
(2) in paragraph (2), by striking ``and try to provide
adequate and balanced representation of the major geographic
regions of the United States served by Amtrak'';
(3) by redesignating paragraph (5) as paragraph (7); and
(4) by striking paragraph (4) and inserting the following:
``(4) Of the individuals appointed pursuant to paragraph
(1)(C)--
``(A) 2 individuals shall reside in or near a
location served by a regularly scheduled Amtrak service
along the Northeast Corridor;
``(B) 4 individuals shall reside in or near regions
of the United States that are geographically distributed
outside of the Northeast Corridor, of whom--
``(i) 2 individuals shall reside in States
served by a long-distance route operated by
Amtrak;
``(ii) 2 individuals shall reside in States
served by a State-supported route operated by
Amtrak; and
``(iii) an individual who resides in a State
that is served by a State-supported route and a
long-distance route may be appointed to serve
either position referred to in clauses (i) and
(ii);
``(C) 2 individuals shall reside either--
``(i) in or near a location served by a
regularly scheduled Amtrak service on the
Northeast Corridor; or
``(ii) in a State served by long-distance or a
State-supported route; and
``(D) each individual appointed to the Board
pursuant to this paragraph may only fill 1 of the
allocations set forth in subparagraphs (A) through (C).
``(5) The Board shall elect a chairperson and vice
chairperson, other than the Chief Executive Officer of Amtrak,
from among its membership. The vice chairperson shall act as
chairperson in the absence of the chairperson.
``(6) The Board shall meet at least annually with--
``(A) representatives of Amtrak employees;
``(B) representatives of persons with disabilities;
and
``(C) the general public, in an open meeting with a
virtual attendance option, to discuss financial
performance and service results.''.
(b) <<NOTE: 49 USC 24302 note.>> Rule of Construction.--None of the
amendments made by subsection (a) may be construed as affecting the term
of any director serving on the Amtrak Board of Directors under section
24302(a)(1)(C) of title 49, United States Code, as of the date of
enactment of this Act.
SEC. 22203. STATION AGENTS.
Section 24312 of title 49, United States Code, is amended by adding
at the end the following:
``(c) Availability of Station Agents.--
``(1) <<NOTE: Effective date.>> In general.--Except as
provided in paragraph (2), beginning on the date that is 1 year
after the date of enactment of the Passenger Rail Expansion and
Rail Safety Act of 2021, Amtrak shall ensure that at least 1
Amtrak ticket agent is employed at each station building--
[[Page 135 STAT. 699]]
``(A) that Amtrak owns, or operates service through,
as part of a long-distance or Northeast Corridor
passenger service route;
``(B) where at least 1 Amtrak ticket agent was
employed on or after October 1, 2017; and
``(C) for which an average of 40 passengers boarded
or deboarded an Amtrak train per day during all of the
days in fiscal year 2017 when the station was serviced
by Amtrak, regardless of the number of Amtrak trains
servicing the station per day.
``(2) Exception.--Paragraph (1) shall not apply to any
station building in which a commuter rail ticket agent has the
authority to sell Amtrak tickets.''.
SEC. 22204. INCREASING OVERSIGHT OF CHANGES TO AMTRAK LONG-
DISTANCE ROUTES AND OTHER INTERCITY
SERVICES.
(a) Amtrak Annual Operations Report.--Section 24315(a)(1) of title
49, United States Code, is amended--
(1) in subparagraph (G), by striking ``and'' at the end;
(2) in subparagraph (H), by adding ``and'' at the end; and
(3) by adding at the end the following:
``(I) any change made to a route's or service's
frequency or station stops;''.
(b) 5-year Business Line Plans.--Section 24320(b)(2) of title 49,
United States Code, is amended--
(1) by redesignating subparagraphs (B) through (L) as
subparagraphs (C) through (M), respectively; and
(2) by inserting after subparagraph (A) the following:
``(B) a detailed description of any plans to
permanently change a route's or service's frequency or
station stops for the service line;''.
SEC. 22205. IMPROVED OVERSIGHT OF AMTRAK ACCOUNTING.
Section 24317 of title 49, United States Code, is amended--
(1) in subsection (a)(2), by striking ``and costs among
Amtrak business lines'' and inserting ``, including Federal
grant funds, and costs among Amtrak service lines'';
(2) by amending subsection (b) to read as follows:
``(b) Account Structure.--
``(1) <<NOTE: Consultation. Updates.>> In general.--The
Secretary of Transportation, in consultation with Amtrak, shall
define, maintain, and periodically update an account structure
and improvements to accounting methodologies, as necessary, to
support the Northeast Corridor and the National Network.
``(2) Notification of substantive changes.--The Secretary
shall notify the Committee on Commerce, Science, and
Transportation of the Senate, the Committee on Appropriations of
the Senate, the Committee on Transportation and Infrastructure
of the House of Representatives, and the Committee on
Appropriations of the House of Representatives regarding any
substantive changes made to the account structure, including
changes to--
``(A) the service lines described in section
24320(b)(1); and
``(B) the asset lines described in section
24320(c)(1).'';
(3) in subsection (c), in the matter preceding paragraph
(1), by inserting ``, maintaining, and updating'' after
``defining'';
[[Page 135 STAT. 700]]
(4) in subsection (d), in the matter preceding paragraph
(1), by inserting ``, maintaining, and updating'' after
``defining'';
(5) by amending subsection (e) to read as follows:
``(e) Implementation and Reporting.--
``(1) <<NOTE: Consultation.>> In general.--Amtrak, in
consultation with the Secretary of Transportation, shall
maintain and implement any account structures and improvements
defined under subsection (b) to enable Amtrak to produce sources
and uses statements for each of the service lines described in
section 24320(b)(1) and, as appropriate, each of the asset lines
described in section 24320(c)(1), that identify sources and uses
of revenues, appropriations, and transfers between accounts.
``(2) <<NOTE: Deadline. Time period.>> Updated sources and
uses statements.--Not later than 30 days after the
implementation of subsection (b), and monthly thereafter, Amtrak
shall submit to the Secretary of Transportation updated sources
and uses statements for each of the service lines and asset
lines referred to in paragraph (1). The Secretary and Amtrak may
agree to a different frequency of reporting.'';
(6) by striking subsection (h); and
(7) by redesignating subsection (i) as subsection (h).
SEC. 22206. IMPROVED OVERSIGHT OF AMTRAK SPENDING.
(a) Allocation of Costs and Revenues.--Section 24318(a) of title 49,
United States Code, is amended by striking ``Not later than 180 days
after the date of enactment of the Passenger Rail Reform and Investment
Act of 2015,''.
(b) Grant Process and Reporting.--Section 24319 of title 49, United
States Code, is amended--
(1) in the section heading, by inserting ``and reporting''
after ``process'';
(2) by amending subsection (a) to read as follows:
``(a) Procedures for Grant Requests.--The Secretary of
Transportation shall--
``(1) <<NOTE: Requirements. Schedules.>> establish and
maintain substantive and procedural requirements, including
schedules, for grant requests under this section; and
``(2) <<NOTE: Reports.>> report any changes to such
procedures to--
``(A) the Committee on Commerce, Science, and
Transportation of the Senate;
``(B) the Committee on Appropriations of the Senate;
``(C) the Committee on Transportation and
Infrastructure of the House of Representatives; and
``(D) the Committee on Appropriations of the House
of Representatives.'';
(3) in subsection (b), by striking ``grant requests'' and
inserting ``a grant request annually, or as additionally
required,'';
(4) by amending subsection (c) to read as follows:
``(c) Contents.--
``(1) In general.--Each grant request under subsection (b)
shall, as applicable--
``(A) categorize and identify, by source, the
Federal funds and program income that will be used for
the upcoming fiscal year for each of the Northeast
Corridor and National Network in 1 of the categories or
subcategories set forth in paragraph (2);
[[Page 135 STAT. 701]]
``(B) describe the operations, services, programs,
projects, and other activities to be funded within each
of the categories set forth in paragraph (2),
including--
``(i) <<NOTE: Estimates.>> the estimated
scope, schedule, and budget necessary to complete
each project and program; and
``(ii) the performance measures used to
quantify expected and actual project outcomes and
benefits, aggregated by fiscal year, project
milestone, and any other appropriate grouping; and
``(C) describe the status of efforts to improve
Amtrak's safety culture.
``(2) Grant categories.--
``(A) Operating expenses.--Each grant request to use
Federal funds for operating expenses shall--
``(i) <<NOTE: Cost estimates.>> include
estimated net operating costs not covered by other
Amtrak revenue sources;
``(ii) specify Federal funding requested for
each service line described in section
24320(b)(1); and
``(iii) be itemized by route.
``(B) Debt service.--A grant request to use Federal
funds for expenses related to debt, including payment of
principle and interest, as allowed under section 205 of
the Passenger Rail Investment and Improvement Act of
2008 (Public Law 110-432; 49 U.S.C. 24101 note).
``(C) Capital.--A grant request to use Federal funds
and program income for capital expenses shall include
capital projects and programs primarily associated
with--
``(i) normalized capital replacement programs,
including regularly recurring work programs
implemented on a systematic basis on classes of
physical railroad assets, such as track,
structures, electric traction and power systems,
rolling stock, and communications and signal
systems, to maintain and sustain the condition and
performance of such assets to support continued
railroad operations;
``(ii) improvement projects to support service
and safety enhancements, including discrete
projects implemented in accordance with a fixed
scope, schedule, and budget that result in
enhanced or new infrastructure, equipment, or
facilities;
``(iii) backlog capital replacement projects,
including discrete projects implemented in
accordance with a fixed scope, schedule, and
budget that primarily replace or rehabilitate
major infrastructure assets, including tunnels,
bridges, stations, and similar assets, to reduce
the state of good repair backlog on the Amtrak
network;
``(iv) strategic initiative projects,
including discrete projects implemented in
accordance with a fixed scope, schedule, and
budget that primarily improve overall operational
performance, lower costs, or otherwise improve
Amtrak's corporate efficiency; and
``(v) statutory, regulatory, or other legally
mandated projects, including discrete projects
implemented in accordance with a fixed scope,
schedule, and budget that enable Amtrak to fulfill
specific legal or regulatory mandates.
[[Page 135 STAT. 702]]
``(D) Contingency.--A grant request to use Federal
funds for operating and capital expense contingency
shall include--
``(i) contingency levels for specified
activities and operations; and
``(ii) a process for the utilization of such
contingency.
``(3) Modification of categories.--The Secretary of
Transportation and Amtrak may jointly agree to modify the
categories set forth in paragraph (2) if such modifications are
necessary to improve the transparency, oversight, or delivery of
projects funded through grant requests under this section.'';
(5) in subsection (d)(1)(A)--
(A) by inserting ``complete'' after ``submits a'';
(B) by striking ``shall complete'' and inserting
``shall finish''; and
(C) in clause (ii), by striking ``incomplete or'';
(6) in subsection (e)--
(A) in paragraph (1)--
(i) by striking ``and other activities to be
funded by the grant'' and inserting ``programs,
projects, and other activities to be funded by the
grant, consistent with the categories required for
Amtrak in a grant request under subsection
(c)(1)(A)''; and
(ii) by striking ``or activities'' and
inserting ``programs, projects, and other
activities''; and
(B) in paragraph (3)--
(i) by redesignating subparagraphs (A) and (B)
as subparagraphs (B) and (C), respectively; and
(ii) by inserting before subparagraph (B), as
redesignated, the following:
``(A) using an otherwise allowable approach to the
method prescribed for a specific project or category of
projects under paragraph (2) if the Secretary and Amtrak
agree that a different payment method is necessary to
more successfully implement and report on an operation,
service, program, project, or other activity;'';
(7) by redesignating subsection (h) as subsection (j); and
(8) by inserting after subsection (g) the following:
``(h) Applicable Laws and Regulations.--
``(1) Single audit act of 1984.--Notwithstanding section
24301(a)(3) of this title and section 7501(a)(13) of title 31,
Amtrak shall be deemed a `non-Federal entity' for purposes of
chapter 75 of title 31.
``(2) Regulations and guidance.--The Secretary of
Transportation may apply some or all of the requirements set
forth in the regulations and guidance promulgated by the
Secretary relating to the management, administration, cost
principles, and audit requirements for Federal awards.
``(i) <<NOTE: Determination.>> Amtrak Grant Reporting.--The
Secretary of Transportation shall determine the varying levels of detail
and information that will be included in reports for operations,
services, program, projects, program income, cash on hand, and other
activities within each of the grant categories described in subsection
(c)(2).''.
(c) Conforming Amendments.--
(1) Reports and audits.--Section 24315(b)(1) of title 49,
United States Code, is amended--
[[Page 135 STAT. 703]]
(A) in subparagraph (A), by striking ``the goal of
section 24902(b) of this title; and'' and inserting
``the goal described in section 24902(a);'';
(B) in subparagraph (B), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following:
``(C) shall incorporate the category described in
section 24319(c)(2)(C).''.
(2) Clerical amendment.--The analysis for chapter 243 of
title 49, United States Code, <<NOTE: 49 USC 24301 prec.>> is
amended by striking the item relating to section 24319 and
inserting the following:
``24319. Grant process and reporting.''.
SEC. 22207. INCREASING SERVICE LINE AND ASSET LINE PLAN
TRANSPARENCY.
(a) In General.--Section 24320 of title 49, United States Code, is
amended--
(1) in the section heading, by striking ``business line and
asset plans'' and inserting ``service line and asset line
plans'';
(2) in subsection (a)--
(A) in paragraph (1)--
(i) by striking ``of each year'' and inserting
``, 2020, and biennially thereafter'';
(ii) by striking ``5-year business line plans
and 5-year asset plans'' and inserting ``5-year
service line plans and 5-year asset line plans'';
and
(iii) <<NOTE: Updates.>> by adding at the end
the following: ``During each year in which Amtrak
is not required to submit a plan under this
paragraph, Amtrak shall submit to Congress updated
financial sources and uses statements and
forecasts with the annual report required under
section 24315(b).''; and
(B) in paragraph (2), by striking ``asset plan
required in'' and inserting ``asset line plan required
under'';
(3) in subsection (b)--
(A) in the subsection heading, by striking
``Business'' and inserting ``Service'';
(B) in paragraph (1)--
(i) in the paragraph heading, by striking
``business'' and inserting ``service'';
(ii) by striking ``business'' each place such
term appears and inserting ``service'';
(iii) by amending subparagraph (B) to read as
follows:
``(B) Amtrak State-supported train services.'';
(iv) in subparagraph (C), by striking
``routes'' and inserting ``train services''; and
(v) by adding at the end the following:
``(E) Infrastructure access services for use of
Amtrak-owned or Amtrak-controlled infrastructure and
facilities.'';
(C) in paragraph (2)--
(i) in the paragraph heading, by striking
``business'' and inserting ``service'';
(ii) by striking ``business'' each place such
term appears and inserting ``service'';
[[Page 135 STAT. 704]]
(iii) in subparagraph (A), by striking
``Strategic Plan and 5-year asset plans'' and
inserting ``5-year asset line plans'';
(iv) in subparagraph (F) (as redesignated by
section 22204(b)(1)), by striking ``profit and
loss'' and inserting ``sources and uses'';
(v) by striking subparagraph (G) (as
redesignated by section 22204(b)(1));
(vi) by redesignating subparagraphs (H)
through (M) (as redesignated by section
22204(b)(1)) as subparagraphs (G) through (L),
respectively; and
(vii) by amending subparagraph (I) (as so
redesignated) to read as follows:
``(I) financial performance for each route, if
deemed applicable by the Secretary, within each service
line, including descriptions of the cash operating loss
or contribution;'';
(D) in paragraph (3)--
(i) in the paragraph heading, by striking
``business'' and inserting ``service'';
(ii) by striking ``business'' each place such
term appears and inserting ``service'';
(iii) by redesignating subparagraphs (A), (B),
(C), and (D) as clauses (i), (ii), (iii), and
(iv), respectively, and moving such clauses 2 ems
to the right;
(iv) by inserting before clause (i), as
redesignated, the following:
``(A) <<NOTE: Deadline. Consultation.>> not later
than 180 days after the date of enactment of the
Passenger Rail Expansion and Rail Safety Act of 2021,
submit to the Secretary, for approval, a consultation
process for the development of each service line plan
that requires Amtrak to--'';
(v) in subparagraph (A), as amended by clause
(iv)--
(I) in clause (iii), as
redesignated, by inserting ``and submit
the final service line plan required
under subsection (a)(1) to the State-
Supported Route Committee'' before the
semicolon at the end;
(II) in clause (iv), as
redesignated, by inserting ``and'' after
the semicolon at the end; and
(III) by adding at the end the
following:
``(v) for the infrastructure access service
line plan, consult with the Northeast Corridor
Commission and other entities, as appropriate, and
submit the final asset line plan under subsection
(a)(1) to the Northeast Corridor Commission;'';
and
(vi) by redesignating subparagraphs (E) and
(F) as subparagraphs (B) and (C), respectively;
(E) by redesignating paragraph (4) as paragraph (5);
and
(F) by inserting after paragraph (3)(C), as
redesignated, the following:
``(4) <<NOTE: Determination.>> 5-year service line plans
updates.--Amtrak may modify the content to be included in the
service line plans described in paragraph (1), upon the approval
of the Secretary, if the Secretary determines that such
modifications are necessary to improve the transparency,
oversight, and delivery
[[Page 135 STAT. 705]]
of Amtrak services and the use of Federal funds by Amtrak.'';
and
(4) in subsection (c)--
(A) in the subsection heading, by inserting ``Line''
after ``Asset'';
(B) in paragraph (1)--
(i) in the paragraph heading, by striking
``categories'' and inserting ``lines'';
(ii) in the matter preceding subparagraph (A),
by striking ``asset plan for each of the following
asset categories'' and inserting ``asset line plan
for each of the following asset lines'';
(iii) by redesignating subparagraphs (A), (B),
(C), and (D) as subparagraphs (B), (C), (D), and
(E), respectively;
(iv) by inserting before subparagraph (B), as
redesignated, the following:
``(A) Transportation, including activities and
resources associated with the operation and movement of
Amtrak trains, onboard services, and amenities.'';
(v) in subparagraph (B), as redesignated, by
inserting ``and maintenance-of-way equipment''
after ``facilities''; and
(vi) in subparagraph (C), as redesignated, by
striking ``Passenger rail equipment'' and
inserting ``Equipment'';
(C) in paragraph (2)--
(i) in the paragraph heading, by inserting
``line'' after ``asset'';
(ii) in the matter preceding subparagraph (A),
by inserting ``line'' after ``asset'';
(iii) in subparagraph (A), by striking
``category'' and inserting ``line'';
(iv) in subparagraph (C)(iii)(III), by
striking ``and'' at the end;
(v) by amending subparagraph (D) to read as
follows:
``(D) annual sources and uses statements and
forecasts for each asset line; and''; and
(vi) by adding at the end the following:
``(E) other elements that Amtrak elects to
include.'';
(D) in paragraph (3)--
(i) in the paragraph heading, by inserting
``line'' after ``asset'';
(ii) by redesignating subparagraphs (A) and
(B) as clauses (i) and (ii) and moving such
clauses 2 ems to the right;
(iii) by inserting before clause (i), as
redesignated, the following:
``(A) <<NOTE: Deadline. Consultation.>> not later
than 180 days after the date of enactment of the
Passenger Rail Expansion and Rail Safety Act of 2021,
submit to the Secretary, for approval, a consultation
process for the development of each asset line plan that
requires Amtrak to--'';
(iv) in subparagraph (A), as added by clause
(iii)--
(I) in clause (i), as redesignated--
[[Page 135 STAT. 706]]
(aa) by striking
``business'' each place such
term appears and inserting
``service'';
(bb) by inserting ``line''
after ``asset'' each place such
term appears; and
(cc) by adding ``and'' at
the end; and
(II) in clause (ii), as
redesignated--
(aa) by inserting ``consult
with the Secretary of
Transportation in the
development of asset line plans
and,'' before ``as applicable'';
and
(bb) by inserting ``line''
after ``5-year asset'';
(v) by redesignating subparagraph (C) as
subparagraph (B); and
(vi) in subparagraph (B), as redesignated, by
striking ``category'' and inserting ``line'';
(E) by redesignating paragraphs (4), (5), (6), and
(7) as paragraphs (5), (6), (7), and (8), respectively;
(F) by inserting after paragraph (3) the following:
``(4) <<NOTE: Determination.>> 5-year asset line plan
updates.--Amtrak may modify the content to be included in the
asset line plans described in paragraph (1), on approval of the
Secretary, if the Secretary determines that such modifications
are necessary to improve the transparency, oversight, and
delivery of Amtrak services and the use of Federal funds by
Amtrak.'';
(G) in paragraph (5)(A), as redesignated, by
inserting ``, but shall not include corporate services
(as defined pursuant to section 24317(b))'' after
``national assets''; and
(H) in paragraph (7), as redesignated, by striking
``paragraph (4)'' and inserting ``paragraph (5)''.
(b) Clerical Amendment.--The analysis for chapter 243 of title 49,
United States Code, <<NOTE: 49 USC 24301 prec.>> is amended by striking
the item relating to section 24320 and inserting the following:
``24320. Amtrak 5-year service line and asset line plans.''.
(c) Effective Dates.--Section 11203(b) of the Passenger Rail Reform
and Investment Act of 2015 (49 U.S.C. 24320 note) is amended--
(1) by striking ``business'' each place such term appears
and inserting ``service''; and
(2) by inserting ``line'' after ``asset'' each place such
term appears.
SEC. 22208. PASSENGER EXPERIENCE ENHANCEMENT.
(a) In General.--Section 24305(c)(4) of title 49, United States
Code, is amended by striking ``only if revenues from the services each
year at least equal the cost of providing the services''.
(b) Food and Beverage Service Working Group.--
(1) In general.--Section 24321 of title 49, United States
Code, is amended to read as follows:
``Sec. 24321. Food and beverage service
``(a) Working Group.--
``(1) <<NOTE: Deadline.>> Establishment.--Not later than
180 days after enactment of the Passenger Rail Expansion and
Rail Safety Act of 2021, Amtrak shall establish a working group
to provide recommendations to improve Amtrak's onboard food and
beverage service.
[[Page 135 STAT. 707]]
``(2) Membership.--The working group shall consist of
individuals representing--
``(A) Amtrak;
``(B) the labor organizations representing Amtrak
employees who prepare or provide on-board food and
beverage service;
``(C) nonprofit organizations representing Amtrak
passengers; and
``(D) States that are providing funding for State-
supported routes.
``(b) <<NOTE: Recommenda- tions.>> Report.--Not later than 1 year
after the establishment of the working group pursuant to subsection (a),
the working group shall submit a report to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives
containing recommendations for improving Amtrak's food and beverage
service, including--
``(1) ways to improve the financial performance of Amtrak;
``(2) ways to increase and retain ridership;
``(3) the differing needs of passengers traveling on long-
distance routes, State supported routes, and the Northeast
Corridor;
``(4) Amtrak passenger survey data about the food and
beverages offered on Amtrak trains;
``(5) ways to incorporate local food and beverage items on
State-supported routes; and
``(6) any other issue that the working group determines to
be appropriate.
``(c) <<NOTE: Deadline. Plan.>> Implementation.--Not later than 180
days after the submission of the report pursuant to subsection (b),
Amtrak shall submit a plan for implementing the recommendations of the
working group, and an explanation for any of the working group's
recommendations it does not agree with and does not plan on implementing
to the Committee on Commerce, Science, and Transportation of the Senate
and the Committee on Transportation and Infrastructure of the House of
Representatives.
``(d) Savings Clause.--Amtrak shall ensure that no Amtrak employee
who held a position on a long-distance or Northeast Corridor route as of
the date of enactment of the Passenger Rail Expansion and Rail Safety
Act of 2021, is involuntarily separated because of the development and
implementation of the plan required under this section.''.
(2) Clerical amendment.--The analysis for chapter 243 of
title 49, United States Code, <<NOTE: 49 USC 24301 prec.>> is
amended by striking the item relating to section 24321 and
inserting the following:
``24321. Food and beverage service.''.
SEC. 22209. AMTRAK SMOKING POLICY.
(a) In General.--Chapter 243 of title 49, United States Code, is
amended by adding at the end the following:
``Sec. 24323. <<NOTE: 49 USC 24323.>> Prohibition on smoking on
Amtrak trains
``(a) <<NOTE: 49 USC 24323.>> Prohibition.--Beginning on the date
of enactment of this section, Amtrak shall prohibit smoking, including
the use of electronic cigarettes, onboard all Amtrak trains.
``(b) Electronic Cigarette Defined.--In this section, the term
`electronic cigarette' means a device that delivers nicotine or other
[[Page 135 STAT. 708]]
substances to a user of the device in the form of a vapor that is
inhaled to simulate the experience of smoking.''.
(b) Clerical Amendment.--The analysis for chapter 243 of title 49,
United States Code, <<NOTE: 49 USC 24301 prec.>> is amended by adding
at the end the following:
``24323. Prohibition on smoking on Amtrak trains.''.
SEC. 22210. PROTECTING AMTRAK ROUTES THROUGH RURAL COMMUNITIES.
Section 24706 of title 49, United States Code, is amended--
(1) in subsection (a), by striking ``subsection (b) of this
section, at least 180 days'' and inserting ``subsection (c), not
later than 180 days'';
(2) by redesignating subsections (b) and (c) as subsections
(c) and (e), respectively;
(3) by inserting after subsection (a) the following:
``(b) Discontinuance or Substantial Alteration of Long-distance
Routes.--Except as provided in subsection (c), in an emergency, or
during maintenance or construction outages impacting Amtrak routes,
Amtrak may not discontinue, reduce the frequency of, suspend, or
substantially alter the route of rail service on any segment of any
long-distance route in any fiscal year in which Amtrak receives adequate
Federal funding for such route on the National Network.''; and
(4) by inserting after subsection (c), as redesignated, the
following:
``(d) Congressional Notification of Discontinuance.--
Except <<NOTE: Deadline.>> as provided in subsection (c), not later
than 210 days before discontinuing service over a route, Amtrak shall
give written notice of such discontinuance to all of the members of
Congress representing any State or district in which the discontinuance
would occur.''.
SEC. 22211. STATE-SUPPORTED ROUTE COMMITTEE.
(a) State-Supported Route Committee.--Section 24712(a) of title 49,
United States Code, is amended--
(1) in paragraph (1)--
(A) by striking ``Not later than 180 days after the
date of enactment of the Passenger Rail Reform and
Investment Act of 2015, the Secretary of Transportation
shall establish'' and inserting ``There is
established''; and
(B) by inserting ``current and future'' before
``rail operations'';
(2) by redesignating paragraphs (4), (5), and (6) as
paragraphs (5), (6), and (7), respectively;
(3) by inserting after paragraph (3) the following:
``(4) Ability to conduct certain business.--If all of the
members of 1 voting bloc described in paragraph (3) abstain from
a Committee decision, agreement between the other 2 voting blocs
consistent with the procedures set forth in such paragraph shall
be deemed sufficient for purpose of achieving unanimous
consent.'';
(4) in paragraph (5), as redesignated, in the matter
preceding subparagraph (A)--
(A) by striking ``convene a meeting and shall define
and implement'' and inserting ``define and periodically
update''; and
[[Page 135 STAT. 709]]
(B) by striking ``not later than 180 days after the
date of establishment of the Committee by the
Secretary''; and
(5) in paragraph (7), as redesignated--
(A) in the paragraph heading, by striking
``allocation methodology'' and inserting ``methodology
policy'';
(B) in subparagraph (A), by striking ``allocation
methodology'' and inserting ``methodology policy'';
(C) by amending subparagraph (B) to read as follows:
``(B) Revisions to cost methodology policy.--
``(i) <<NOTE: Deadline.>> Requirement to
revise and update.--Subject to rules and
procedures established pursuant to clause (iii),
not later than March 31, 2022, the Committee shall
revise and update the cost methodology policy
required and previously approved under section 209
of the Passenger Rail Investment and Improvement
Act of 2008 (49 U.S.C. 20901 note) <<NOTE: Time
period.>> . The Committee shall implement a
revised cost methodology policy during fiscal year
2023. <<NOTE: Reports. Plans.>> Not later than 30
days after the adoption of the revised cost
methodology policy, the Committee shall submit a
report documenting and explaining any changes to
the cost methodology policy and plans for
implementation of such policy, including a
description of the improvements to the accounting
information provided by Amtrak to the States, to
the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives. The revised cost methodology
policy shall ensure that States will be
responsible for costs attributable to the
provision of service for their routes.
``(ii) Implementation impacts on federal
funding.--To the extent that a revision developed
pursuant to clause (i) assigns to Amtrak costs
that were previously allocated to States, Amtrak
shall request with specificity such additional
funding in the general and legislative annual
report required under section 24315 or in any
appropriate subsequent Federal funding request for
the fiscal year in which the revised cost
methodology policy will be implemented.
``(iii) Procedures for changing methodology.--
Notwithstanding section 209(b) of the Passenger
Rail Investment and Improvement Act of 2008 (49
U.S.C. 20901 note), the rules and procedures
implemented pursuant to paragraph (5) shall
include--
``(I) procedures for changing the
cost methodology policy in accordance
with clause (i); and
``(II) procedures or broad
guidelines for conducting financial
planning, including operating and
capital forecasting, reporting, data
sharing, and governance.'';
(D) in subparagraph (C)--
(i) in the matter preceding clause (i), by
striking ``allocation methodology'' and inserting
``methodology policy'';
(ii) in clause (i), by striking ``and'' at the
end;
(iii) in clause (ii)--
[[Page 135 STAT. 710]]
(I) by striking ``allocate'' and
inserting ``assign''; and
(II) by striking the period and
inserting ``; and''; and
(iv) by adding at the end the following:
``(iii) promote increased efficiency in
Amtrak's operating and capital activities.''; and
(E) by adding at the end the following:
``(D) <<NOTE: Deadlines. Determination. Compliance.>>
Independent evaluation.--Not later than March 31 of each
year, the Committee shall ensure that an independent
entity selected by the Committee has completed an
evaluation to determine whether State payments for the
most recently concluded fiscal year are accurate and
comply with the applicable cost allocation
methodology.''.
(b) Invoices and Reports.--Section 24712(b) of title 49, United
States Code, is amended to read as follows:
``(b) Invoices and Reports.--
``(1) <<NOTE: Time period.>> Invoices.--Amtrak shall
provide monthly invoices to the Committee and to each State that
sponsors a State-supported route that identify the operating
costs for such route, including fixed costs and third-party
costs.
``(2) Reports.--
``(A) <<NOTE: Determination.>> In general.--The
Committee shall determine the frequency and contents
of--
``(i) the financial and performance reports
that Amtrak is required to provide to the
Committee and the States; and
``(ii) the planning and demand reports that
the States are required to provide to the
Committee and Amtrak.
``(B) Monthly statistical report.--
``(i) Development.--Consistent with the
revisions to the policy required under subsection
(a)(7)(B), the Committee shall develop a report
that contains the general ledger data and
operating statistics from Amtrak's accounting
systems used to calculate payments to States.
``(ii) <<NOTE: Deadlines.>> Provision of
necessary data.--Not later than 30 days after the
last day of each month, Amtrak shall provide to
the States and to the Committee the necessary data
to complete the report developed pursuant to
clause (i) for such month.''.
(c) Dispute Resolution.--Section 24712(c) of title 49, United States
Code, is amended--
(1) in paragraph (1)--
(A) by striking ``(a)(4)'' and inserting ``(a)(5)'';
and
(B) by striking ``(a)(6)'' and inserting ``(a)(7)'';
and
(2) in paragraph (4), by inserting ``related to a State-
supported route that a State sponsors that is'' after
``amount''.
(d) Performance Metrics.--Section 24712(e) of title 49, United
States Code, is amended by inserting ``, including incentives to
increase revenue, reduce costs, finalize contracts by the beginning of
the fiscal year, and require States to promptly make payments for
services delivered'' before the period at the end.
(e) Statement of Goals and Objectives.--Section 24712(f) of title
49, United States Code, is amended--
[[Page 135 STAT. 711]]
(1) in paragraph (1), by inserting ``, and review and
update, as necessary,'' after ``shall develop'';
(2) in paragraph (2), by striking ``Not later than 2 years
after the date of enactment of the Passenger Rail Reform and
Investment Act of 2015, the Committee shall transmit the
statement'' and inserting ``As applicable, based on updates, the
Committee shall submit an updated statement''; and
(3) by adding at the end the following:
``(3) Sense of congress.--It is the sense of Congress that--
``(A) the Committee shall be the forum where Amtrak
and the States collaborate on the planning, improvement,
and development of corridor routes across the National
Network; and
``(B) such collaboration should include regular
consultation with interstate rail compact parties and
other regional planning organizations that address
passenger rail.''.
(f) Other Reforms Related to State-supported Routes.--Section 24712
of title 49, United States Code, as amended by subsections (a) through
(e), is further amended--
(1) by redesignating subsections (g) and (h) as subsections
(k) and (l), respectively; and
(2) by inserting after subsection (f) the following:
``(g) New State-supported Routes.--
``(1) Consultation.--In developing a new State-supported
route, Amtrak shall consult with--
``(A) the State or States and local municipalities
through which such new service would operate;
``(B) commuter authorities and regional
transportation authorities in the areas that would be
served by the planned route;
``(C) host railroads;
``(D) the Administrator of the Federal Railroad
Administration; and
``(E) other stakeholders, as appropriate.
``(2) <<NOTE: Memorandums.>> State commitments.--
Notwithstanding any other provision of law, before beginning
construction necessary for, or beginning operation of, a State-
supported route that is initiated on or after the date of
enactment of the Passenger Rail Expansion and Rail Safety Act of
2021, Amtrak shall enter into a memorandum of understanding, or
otherwise secure an agreement, with each State that would be
providing funding for such route for sharing--
``(A) ongoing operating costs and capital costs in
accordance with the cost methodology policy referred to
in subsection (a)(7) then in effect; or
``(B) ongoing operating costs and capital costs in
accordance with the maximum funding limitations
described in section 22908(e).
``(3) Application of terms.--In this subsection, the terms
`capital costs' and `operating costs' shall apply in the same
manner as such terms apply under the cost methodology policy
developed pursuant to subsection (a)(7).
``(h) Cost Methodology Policy Update Implementation
Report. <<NOTE: Assessment.>> --Not later than 18 months after the
updated cost methodology policy required under subsection (a)(7)(B) is
implemented,
[[Page 135 STAT. 712]]
the Committee shall submit a report to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives that
assesses the implementation of the updated policy.
``(i) Identification of State-supported Route Changes.--Amtrak
shall--
``(1) <<NOTE: Deadline. Consultation.>> not later than 120
days before the submission of the general and legislative annual
report required under section 24315(b), consult with the
Committee and any additional States through which a State-
supported route may operate regarding any proposed changes to
such route; and
``(2) <<NOTE: Update.>> include in such report an update of
any planned or proposed changes to State-supported routes,
including the introduction of new State-supported routes,
including--
``(A) the timeframe in which such changes would take
effect; and
``(B) whether Amtrak has entered into commitments
with the affected States pursuant subsection (g)(2).
``(j) <<NOTE: Reports.>> Economic Analysis.--Not later than 3 years
after the date of enactment of the Passenger Rail Expansion and Rail
Safety Act of 2021, the Committee shall submit a report to the Committee
on Commerce, Science, and Transportation of the Senate and the Committee
on Transportation and Infrastructure of the House of Representatives
that--
``(1) describes the role of the State-supported routes in
economic development; and
``(2) <<NOTE: Examination.>> examines the impacts of the
State-supported routes on local station areas, job creation,
transportation efficiency, State economies, and the national
economy.''.
SEC. 22212. ENHANCING CROSS BORDER SERVICE.
(a) <<NOTE: Consultation. Reports. Canada.>> In General.--Not later
than 1 year after the date of enactment of this Act, Amtrak, after
consultation with the Secretary, the Secretary of Homeland Security,
relevant State departments of transportation, Canadian governmental
agencies and entities, and owners of the relevant rail infrastructure
and facilities, shall submit a report to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives
regarding enhancing Amtrak passenger rail service between the United
States and Canada that--
(1) identifies challenges to Amtrak operations in Canada,
including delays associated with custom and immigration
inspections in both the United States and Canada; and
(2) <<NOTE: Recommenda- tions.>> includes recommendations
to improve such cross border service, including the feasibility
of and costs associated with a preclearance facility or
facilities.
(b) <<NOTE: Determination.>> Assistance and Support.--The
Secretary, the Secretary of State, and the Secretary of Homeland
Security may provide assistance and support requested by Amtrak that is
necessary to carry out this section, as determined appropriate by the
respective Secretary.
SEC. 22213. CREATING QUALITY JOBS.
Section 121 of the Amtrak Reform and Accountability Act of 1997 (49
U.S.C. 24312 note) is amended--
(1) by redesignating subsection (d) as subsection (f); and
(2) by inserting after subsection (c) the following:
[[Page 135 STAT. 713]]
``(d) Furloughed Work.--Amtrak may not contract out work within the
classification of work performed by an employee in a bargaining unit
covered by a collective bargaining agreement entered into between Amtrak
and an organization representing Amtrak employees during the period such
employee has been laid off and has not been recalled to perform such
work.
``(e) Agreement Prohibitions on Contracting Out.--This section does
not--
``(1) supersede a prohibition or limitation on contracting
out work covered by an agreement entered into between Amtrak and
an organization representing Amtrak employees; or
``(2) prohibit Amtrak and an organization representing
Amtrak employees from entering into an agreement that allows for
contracting out the work of a furloughed employee that would
otherwise be prohibited under subsection (d).''.
SEC. 22214. <<NOTE: Evaluations.>> AMTRAK DAILY LONG-DISTANCE
SERVICE STUDY.
(a) In General.--The Secretary shall conduct a study to evaluate the
restoration of daily intercity rail passenger service along--
(1) any Amtrak long-distance routes that, as of the date of
enactment of this Act, were discontinued; and
(2) any Amtrak long-distance routes that, as of the date of
enactment of this Act, occur on a nondaily basis.
(b) Inclusions.--The study under subsection (a) shall--
(1) evaluate all options for restoring or enhancing to
daily-basis intercity rail passenger service along each Amtrak
route described in that subsection;
(2) select a preferred option for restoring or enhancing the
service described in paragraph (1);
(3) <<NOTE: Cost estimates.>> develop a prioritized
inventory of capital projects and other actions that are
required to restore or enhance the service described in
paragraph (1), including cost estimates for those projects and
actions;
(4) <<NOTE: Recommenda- tions.>> develop recommendations
for methods by which Amtrak could work with local communities
and organizations to develop activities and programs to
continuously improve public use of intercity passenger rail
service along each route; and
(5) identify Federal and non-Federal funding sources
required to restore or enhance the service described in
paragraph (1), including--
(A) increased Federal funding for Amtrak based on
applicable reductions or discontinuations in service;
and
(B) options for entering into public-private
partnerships to restore that service.
(c) Other Factors When Considering Expansions.--In evaluating
intercity passenger rail routes under this section, the Secretary may
evaluate potential new Amtrak long-distance routes, including with
specific attention provided to routes in service as of April 1971 but
not continued by Amtrak, taking into consideration whether those new
routes would--
(1) link and serve large and small communities as part of a
regional rail network;
(2) advance the economic and social well-being of rural
areas of the United States;
(3) provide enhanced connectivity for the national long-
distance passenger rail system; and
[[Page 135 STAT. 714]]
(4) reflect public engagement and local and regional support
for restored passenger rail service.
(d) <<NOTE: Determination.>> Consultation.--In conducting the study
under this section, the Secretary shall consult, through working groups
or other forums as the Secretary determines to be appropriate, with--
(1) Amtrak;
(2) each State along a relevant route;
(3) regional transportation planning organizations and
metropolitan planning organizations, municipalities, and
communities along those relevant routes, to be selected by the
Secretary;
(4) host railroad carriers the tracks of which may be used
for a service described in subsection (a);
(5) organizations representing onboard Amtrak employees;
(6) nonprofit organizations representing Amtrak passengers;
(7) relevant regional passenger rail authorities and
federally recognized Indian Tribes; and
(8) such other entities as the Secretary may select.
(e) Report.--Not later than 2 years after the date of enactment of
this Act, the Secretary shall submit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives a
report that includes--
(1) the preferred options selected under subsection (b)(2),
including the reasons for selecting each option;
(2) the information described in subsection (b)(3);
(3) the funding sources identified pursuant to subsection
(b)(5);
(4) <<NOTE: Cost estimates.>> the estimated costs and
public benefits of restoring or enhancing intercity rail
passenger transportation in the region impacted for each
relevant Amtrak route; and
(5) <<NOTE: Determination.>> any other information the
Secretary determines to be appropriate.
(f) Funding.--There are authorized to be appropriated to the
Secretary to conduct the study under this section and to carry out the
consultations required by subsection (d)--
(1) $7,500,000 for fiscal year 2022; and
(2) $7,500,000 for fiscal year 2023.
Subtitle C--Intercity Passenger Rail Policy
SEC. 22301. NORTHEAST CORRIDOR PLANNING.
Section 24904 of title 49, United States Code, is amended--
(1) by striking subsections (a) and (d);
(2) by redesignating subsections (b) and (c) as subsections
(c) and (d), respectively;
(3) by inserting before subsection (c), as redesignated, the
following:
``(a) Northeast Corridor Service Development Plan.--
``(1) <<NOTE: Deadline.>> In general.--Not later than March
31, 2022, the Northeast Corridor Commission established under
section 24905 (referred to in this section as the `Commission')
shall submit a service development plan to Congress.
``(2) <<NOTE: Stratagies.>> Contents.--The plan required
under paragraph (1) shall--
[[Page 135 STAT. 715]]
``(A) identify key state-of-good-repair, capacity
expansion, and capital improvement projects planned for
the Northeast Corridor;
``(B) <<NOTE: Time period.>> provide a coordinated
and consensus-based plan covering a 15-year period;
``(C) identify service objectives and the capital
investments required to meet such objectives;
``(D) provide a delivery-constrained strategy that
identifies--
``(i) capital investment phasing;
``(ii) <<NOTE: Evaluation.>> an evaluation of
workforce needs; and
``(iii) strategies for managing resources and
mitigating construction impacts on operations; and
``(E) include a financial strategy that identifies
funding needs and potential funding sources.
``(3) <<NOTE: Time period.>> Updates.--The Commission shall
update the service development plan not less frequently than
once every 5 years.
``(b) Northeast Corridor Capital Investment Plan.--
``(1) <<NOTE: Deadlines.>> In general.--Not later than
November 1 of each year, the Commission shall--
``(A) develop an annual capital investment plan for
the Northeast Corridor; and
``(B) submit the capital investment plan to--
``(i) the Secretary of Transportation;
``(ii) the Committee on Commerce, Science, and
Transportation of the Senate; and
``(iii) the Committee on Transportation and
Infrastructure of the House of Representatives.
``(2) Contents.--The plan required under paragraph (1)
shall--
``(A) reflect coordination across the entire
Northeast Corridor;
``(B) integrate the individual capital plans
developed by Amtrak, States, and commuter authorities in
accordance with the cost allocation policy developed and
approved under section 24905(c);
``(C) <<NOTE: Time period.>> cover a period of 5
fiscal years, beginning with the fiscal year during
which the plan is submitted;
``(D) notwithstanding section 24902(b), document the
projects and programs being undertaken to advance the
service objectives and capital investments identified in
the Northeast Corridor service development plan
developed under subsection (a), and the asset condition
needs identified in the Northeast Corridor asset
management plans, after considering--
``(i) the benefits and costs of capital
investments in the plan;
``(ii) project and program readiness;
``(iii) the operational impacts; and
``(iv) Federal and non-Federal funding
availability;
``(E) categorize capital projects and programs as
primarily associated with 1 of the categories listed
under section 24319(c)(2)(C);
``(F) identify capital projects and programs that
are associated with more than 1 category described in
subparagraph (E); and
``(G) include a financial plan that identifies--
[[Page 135 STAT. 716]]
``(i) funding sources and financing methods;
``(ii) the status of cost sharing agreements
pursuant to the cost allocation policy developed
under section 24905(c);
``(iii) the projects and programs that the
Commission expects will receive Federal financial
assistance; and
``(iv) the eligible entity or entities that
the Commission expects--
``(I) to receive the Federal
financial assistance referred to in
clause (iii); and
``(II) to implement each capital
project.
``(3) <<NOTE: Requirements.>> Review and coordination.--The
Commission shall require that the information described in
paragraph (2) be submitted in a timely manner to allow for a
reasonable period of review by, and coordination with, affected
agencies before the Commission submits the capital investment
plan pursuant to paragraph (1).'';
(4) in subsection (c), as redesignated, by striking ``spent
only on--'' and all that follows and inserting ``spent only on
capital projects and programs contained in the Commission's
capital investment plan for the prior fiscal year.''; and
(5) by amending subsection (d), as redesignated, to read as
follows:
``(d) Northeast Corridor Capital Asset Management System.--
``(1) <<NOTE: Update.>> In general.--Amtrak and other
infrastructure owners that provide or support intercity rail
passenger transportation along the Northeast Corridor shall
develop an asset management system and use and update such
system, as necessary, to develop submissions to the Northeast
Corridor capital investment plan described in subsection (b).
``(2) Features.--The system required under paragraph (1)
shall develop submissions that--
``(A) are consistent with the transit asset
management system (as defined in section 5326(a)(3));
and
``(B) include--
``(i) <<NOTE: Inventory.>> an inventory of
all capital assets owned by the developer of the
plan;
``(ii) <<NOTE: Assessment.>> an assessment of
condition of such capital assets;
``(iii) a description of the resources and
processes that will be necessary to bring or to
maintain such capital assets in a state of good
repair; and
``(iv) a description of changes in the
condition of such capital assets since the
submission of the prior version of the plan.''.
SEC. 22302. NORTHEAST CORRIDOR COMMISSION.
Section 24905 of title 49, United States Code, is amended--
(1) in subsection (a)(1)(D), by inserting ``authorities''
after ``carriers'';
(2) in subsection (b)(3)(B)--
(A) in clause (i)--
(i) by inserting ``, including ridership
trends,'' after ``transportation''; and
(ii) by striking ``and'' at the end;
[[Page 135 STAT. 717]]
(B) in clause (ii)--
(i) by inserting ``first year of the'' after
``the delivery of the''; and
(ii) by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following:
``(iii) progress in assessing and eliminating
the state-of-good-repair backlog.'';
(3) in subsection (c)--
(A) in paragraph (1)--
(i) in the paragraph heading, by striking
``Development of policy'' and inserting
``Policy'';
(ii) in subparagraph (A), by striking
``develop a standardized policy'' and inserting
``develop and maintain the standardized policy
first approved on September 17, 2015, and update,
as appropriate,'';
(iii) by amending subparagraph (B) to read as
follows:
``(B) develop timetables for implementing and
maintaining the policy;'';
(iv) in subparagraph (C), by striking ``the
policy and the timetable'' and inserting ``updates
to the policy and timetables''; and
(v) by amending subparagraph (D) to read as
follows:
``(D) support the efforts of the members of the
Commission to implement the policy in accordance with
the timetables developed pursuant to subparagraph
(B);'';
(B) by amending paragraph (2) to read as follows:
``(2) Implementation.--
``(A) In general.--In accordance with the timetables
developed pursuant to paragraph (1)(B), Amtrak and
commuter authorities on the Northeast Corridor shall
implement the policy developed under paragraph (1) in
their agreements for usage of facilities or services.
``(B) Effect of failure to implement or comply with
policy.--If the entities referred to in subparagraph (A)
fail to implement the policy in accordance with
paragraph (1)(D) or fail to comply with the policy
thereafter, the Surface Transportation Board shall--
``(i) <<NOTE: Determination.>> determine the
appropriate compensation in accordance with the
procedures and procedural schedule applicable to a
proceeding under section 24903(c), after taking
into consideration the policy developed under
paragraph (1); and
``(ii) <<NOTE: Enforcement.>> enforce its
determination on the party or parties involved.'';
and
(C) in paragraph (4), by striking ``public
authorities providing commuter rail passenger
transportation'' and inserting ``commuter authorities'';
and
(4) in subsection (d)--
(A) by striking ``2016 through 2020'' and inserting
``2022 through 2026''; and
(B) by striking ``section 11101(g) of the Passenger
Rail Reform and Investment Act of 2015'' and inserting
``section 22101(e) of the Passenger Rail Expansion and
Rail Safety Act of 2021''.
[[Page 135 STAT. 718]]
SEC. 22303. CONSOLIDATED RAIL INFRASTRUCTURE AND SAFETY
IMPROVEMENTS.
(a) In General.--Section 22907 of title 49, United States Code, is
amended--
(1) in subsection (b)--
(A) in paragraph (1), by inserting ``(including the
District of Columbia)'' after ``State'';
(B) in paragraph (6), by inserting ``rail carrier
and intercity rail passenger transportation are'' before
``defined'';
(C) by redesignating paragraphs (8) through (11) as
paragraphs (10) through (13), respectively; and
(D) by inserting after paragraph (7) the following:
``(8) An association representing 1 or more railroads
described in paragraph (7).'';
``(9) A federally recognized Indian Tribe.'';
(2) in subsection (c)--
(A) in paragraph (3), by adding ``or safety'' after
``congestion'';
(B) in paragraph (6), by striking ``and'' and
inserting ``or'';
(C) by redesignating paragraphs (11) and (12) as
paragraphs (12) and (13), respectively;
(D) by inserting after paragraph (10) the following:
``(11) The development and implementation of measures to
prevent trespassing and reduce associated injuries and
fatalities.''; and
(E) by inserting after paragraph (13), as
redesignated, the following:
``(14) Research, development, and testing to advance and
facilitate innovative rail projects, including projects using
electromagnetic guideways in an enclosure in a very low-pressure
environment.
``(15) The preparation of emergency plans for communities
through which hazardous materials are transported by rail.
``(16) Rehabilitating, remanufacturing, procuring, or
overhauling locomotives, provided that such activities result in
a significant reduction of emissions.''; and
(3) in subsection (h), by adding at the end the following:
``(4) Grade crossing and trespassing projects.--Applicants
may use costs incurred previously for preliminary engineering
associated with highway-rail grade crossing improvement projects
under subsection (c)(5) and trespassing prevention projects
under subsection (c)(11) to satisfy the non-Federal share
requirements.''.
(b) <<NOTE: 49 USC 22907 note.>> Rule of Construction.--The
amendments made by subsection (a) may not be construed to affect any
grant, including any application for a grant, made under section 22907
of title 49, United States Code, before the date of enactment of this
Act.
(c) Technical Correction.--
(1) In general.--Section 22907(l)(1)(A) of title 49, United
States Code, is amended by inserting ``, including highway
construction over rail facilities as an alternative to
construction or improvement of a highway-rail grade crossing,''
after ``under chapter 227''.
(2) <<NOTE: 49 USC 22907 note.>> Applicability.--The
amendment made by paragraph (1) shall apply to amounts remaining
under section 22907(l)
[[Page 135 STAT. 719]]
of title 49, United States Code, from appropriations for prior
fiscal years.
SEC. 22304. RESTORATION AND ENHANCEMENT GRANTS.
Section 22908 of title 49, United States Code, is amended--
(1) by amending subsection (a) to read as follows:
``(a) Definitions.--In this section:
``(1) Applicant.--Notwithstanding section 22901(1), the term
`applicant' means--
``(A) a State, including the District of Columbia;
``(B) a group of States;
``(C) an entity implementing an interstate compact;
``(D) a public agency or publicly chartered
authority established by 1 or more States;
``(E) a political subdivision of a State;
``(F) a federally recognized Indian Tribe;
``(G) Amtrak or another rail carrier that provides
intercity rail passenger transportation;
``(H) any rail carrier in partnership with at least
1 of the entities described in subparagraphs (A) through
(F); and
``(I) any combination of the entities described in
subparagraphs (A) through (F).
``(2) Operating assistance.--The term `operating
assistance', with respect to any route subject to section 209 of
the Passenger Rail Investment and Improvement Act of 2008
(Public Law 110-432), means any cost allocated, or that may be
allocated, to a route pursuant to the cost methodology
established under such section or under section 24712.'';
(2) in subsection (c)(3), by striking ``3 years'' each place
such term appears and inserting ``6 years'';
(3) in subsection (d)--
(A) in paragraph (8), by striking ``and'';
(B) in paragraph (9), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(10) for routes selected under the Corridor Identification
and Development Program and operated by Amtrak.''; and
(4) in subsection (e)--
(A) in paragraph (1)--
(i) by striking ``assistance''; and
(ii) by striking ``3 years'' and inserting ``6
years (including for any such routes selected for
funding before the date of enactment of the
Passenger Rail Expansion and Rail Safety Act of
2021)''; and
(B) in paragraph (3), by striking subparagraphs (A),
(B), and (C) and inserting the following:
``(A) 90 percent of the projected net operating
costs for the first year of service;
``(B) 80 percent of the projected net operating
costs for the second year of service;
``(C) 70 percent of the projected net operating
costs for the third year of service;
``(D) 60 percent of the projected net operating
costs for the fourth year of service;
``(E) 50 percent of the projected net operating
costs for the fifth year of service; and
[[Page 135 STAT. 720]]
``(F) 30 percent of the projected net operating
costs for the sixth year of service.''.
SEC. 22305. RAILROAD CROSSING ELIMINATION PROGRAM.
(a) In General.--Chapter 229 of title 49, United States Code, is
amended by adding at the end the following:
``Sec. 22909. <<NOTE: Grants. 49 USC 22909.>> Railroad Crossing
Elimination Program
``(a) In General.--The Secretary of Transportation, in cooperation
with the Administrator of the Federal Railroad Administration, shall
establish a competitive grant program (referred to in this section as
the `Program') under which the Secretary shall award grants to eligible
recipients described in subsection (c) for highway-rail or pathway-rail
grade crossing improvement projects that focus on improving the safety
and mobility of people and goods.
``(b) Goals.--The goals of the Program are--
``(1) to eliminate highway-rail grade crossings that are
frequently blocked by trains;
``(2) to improve the health and safety of communities;
``(3) to reduce the impacts that freight movement and
railroad operations may have on underserved communities; and
``(4) to improve the mobility of people and goods.
``(c) Eligible Recipients.--The following entities are eligible to
receive a grant under this section:
``(1) A State, including the District of Columbia, Puerto
Rico, and other United States territories and possessions.
``(2) A political subdivision of a State.
``(3) A federally recognized Indian Tribe.
``(4) A unit of local government or a group of local
governments.
``(5) A public port authority.
``(6) A metropolitan planning organization.
``(7) A group of entities described in any of paragraphs (1)
through (6).
``(d) Eligible Projects.--The Secretary may award a grant under the
Program for a highway-rail or pathway-rail grade crossing improvement
project (including acquiring real property interests) involving--
``(1) grade separation or closure, including through the use
of a bridge, embankment, tunnel, or combination thereof;
``(2) track relocation;
``(3) the improvement or installation of protective devices,
signals, signs, or other measures to improve safety, provided
that such activities are related to a separation or relocation
project described in paragraph (1) or (2);
``(4) other means to improve the safety and mobility of
people and goods at highway-rail grade crossings (including
technological solutions);
``(5) a group of related projects described in paragraphs
(1) through (4) that would collectively improve the mobility of
people and goods; or
``(6) the planning, environmental review, and design of an
eligible project described in paragraphs (1) through (5).
``(e) Application Process.--
``(1) In general.--An eligible entity seeking a grant under
the Program shall submit an application to the Secretary at
[[Page 135 STAT. 721]]
such time, in such manner, and containing such information as
the Secretary may require.
``(2) Railroad approvals.--
``(A) <<NOTE: Requirements.>> In general.--Except
as provided in subparagraph (B), the Secretary shall
require applicants to obtain the necessary approvals
from any impacted rail carriers or real property owners
before proceeding with the construction of a project
funded by a grant under the Program.
``(B) Exception.--The requirement under subparagraph
(A) shall not apply to planning projects described in
subsection (d)(6) if the applicant agrees to work
collaboratively with rail carriers and right-of-way
owners.
``(f) Project Selection Criteria.--
``(1) <<NOTE: Evaluation.>> In general.--In awarding grants
under the Program, the Secretary shall evaluate the extent to
which proposed projects would--
``(A) improve safety at highway-rail or pathway-rail
grade crossings;
``(B) grade separate, eliminate, or close highway-
rail or pathway-rail grade crossings;
``(C) improve the mobility of people and goods;
``(D) reduce emissions, protect the environment, and
provide community benefits, including noise reduction;
``(E) improve access to emergency services;
``(F) provide economic benefits; and
``(G) improve access to communities separated by
rail crossings.
``(2) Additional considerations.--In awarding grants under
the Program, the Secretary shall consider--
``(A) the degree to which the proposed project will
use--
``(i) innovative technologies;
``(ii) innovative design and construction
techniques; or
``(iii) construction materials that reduce
greenhouse gas emissions;
``(B) the applicant's planned use of contracting
incentives to employ local labor, to the extent
permissible under Federal law;
``(C) whether the proposed project will improve the
mobility of--
``(i) multiple modes of transportation,
including ingress and egress from freight
facilities; or
``(ii) users of nonvehicular modes of
transportation, such as pedestrians, bicyclists,
and public transportation;
``(D) whether the proposed project is identified
in--
``(i) the freight investment plan component of
a State freight plan, as required under section
70202(b)(9);
``(ii) a State rail plan prepared in
accordance with chapter 227; or
``(iii) a State highway-rail grade crossing
action plan, as required under section 11401(b) of
the Passenger Rail Reform and Investment Act of
2015 (title XI of Public Law 114-94); and
``(E) the level of financial support provided by
impacted rail carriers.
[[Page 135 STAT. 722]]
``(3) <<NOTE: Compliance.>> Award distribution.--In
selecting grants for Program funds in any fiscal year, the
Secretary shall comply with the following limitations:
``(A) Grant funds.--Not less than 20 percent of the
grant funds available for the Program in any fiscal year
shall be reserved for projects located in rural areas or
on Tribal lands. The requirement under section 22907(l),
which applies to this section, shall not apply to grant
funds reserved specifically under this subparagraph. Not
less than 5 percent of the grant funds reserved under
this subparagraph shall be reserved for projects in
counties with 20 or fewer residents per square mile,
according to the most recent decennial census, provided
that sufficient eligible applications have been
submitted.
``(B) Planning grants.--Not less than 25 percent of
the grant funds set aside for planning projects in any
fiscal year pursuant to section 22104(b) of the
Passenger Rail Expansion and Rail Safety Act of 2021
shall be awarded for projects located in rural areas or
on tribal lands.
``(C) State limitation.--Not more than 20 percent of
the grant funds available for the Program in any fiscal
year may be selected for projects in any single State.
``(D) Minimum size.--No grant awarded under this
section shall be for less than $1,000,000, except for a
planning grant described in subsection (d)(6).
``(g) Cost Share.--Except as provided in paragraph (2), the Federal
share of the cost of a project carried out using a grant under the
Program may not exceed 80 percent of the total cost of the project.
Applicants may count costs incurred for preliminary engineering
associated with highway-rail and pathway-rail grade crossing improvement
projects as part of the total project costs.
``(h) <<NOTE: Deadline.>> Congressional Notification.--Not later
than 3 days before awarding a grant for a project under the Program, the
Secretary shall submit written notification of the proposed grant to the
Committee on Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives, which shall include--
``(1) <<NOTE: Summary.>> a summary of the project; and
``(2) the amount of the proposed grant award.
``(i) <<NOTE: Web posting. Public information. Lists.>> Annual
Report.--Not later than 60 days after each round of award notifications,
the Secretary shall post, on the public website of the Department of
Transportation--
``(1) a list of all eligible applicants that submitted an
application for funding under the Program during the current
fiscal year;
``(2) a list of the grant recipients and projects that
received grant funding under the Program during such fiscal
year; and
``(3) a list of the proposed projects and applicants that
were determined to be ineligible.
``(j) Commuter Rail Eligibility and Grant Conditions.--
``(1) In general.--Section 22905(f) shall not apply to
grants awarded under this section for commuter rail passenger
transportation projects.
``(2) Administration of funds.--The Secretary of
Transportation shall transfer amounts awarded under this section
for commuter rail passenger transportation projects to
[[Page 135 STAT. 723]]
the Federal Transit Administration, which shall administer such
funds in accordance with chapter 53.
``(3) Protective arrangements.--
``(A) In general.--Notwithstanding paragraph (2) and
section 22905(e)(1), as a condition of receiving a grant
under this section, any employee covered by the Railway
Labor Act (45 U.S.C. 151 et seq.) and the Railroad
Retirement Act of 1974 (45 U.S.C. 231 et seq.) who is
adversely affected by actions taken in connection with
the project financed in whole or in part by such grant
shall be covered by employee protective arrangements
required to be established under section 22905(c)(2)(B).
``(B) Implementation.--A grant recipient under this
section, and the successors, assigns, and contractors of
such grant recipient--
``(i) shall be bound by the employee
protective arrangements required under
subparagraph (A); and
``(ii) shall be responsible for the
implementation of such arrangements and for the
obligations under such arrangements, but may
arrange for another entity to take initial
responsibility for compliance with the conditions
of such arrangement.
``(k) Defined Term.--In this section, the term `rural area' means
any area that is not within an area designated as an urbanized area by
the Bureau of the Census.''.
(b) Clerical Amendment.--The analysis for chapter 229 of title 49,
United States Code, <<NOTE: 49 USC 22901 prec.>> is amended by adding
at the end the following:
``22909. Railroad Crossing Elimination Program.''.
SEC. 22306. INTERSTATE RAIL COMPACTS.
(a) In General.--Chapter 229 of title 49, United States Code (as
amended by section 22305(a)), is further amended by adding at the end
the following:
``Sec. 22910. <<NOTE: 49 USC 22910.>> Interstate Rail Compacts
Grant Program
``(a) Grants Authorized.--The Secretary of Transportation shall
establish a competitive grant program to provide financial assistance to
entities implementing interstate rail compacts pursuant to section 410
of the Amtrak Reform and Accountability Act of 1997 (49 U.S.C. 24101
note) for--
``(1) costs of administration;
``(2) systems planning, including studying the impacts on
freight rail operations and ridership;
``(3) promotion of intercity passenger rail operation;
``(4) preparation of applications for competitive Federal
grant programs; and
``(5) operations coordination.
``(b) Maximum Amount.--The Secretary may not award a grant under
this section in an amount exceeding $1,000,000 per year.
``(c) Selection Criteria.--In selecting a recipient of a grant for
an eligible project under this section, the Secretary shall consider--
``(1) the amount of funding received (including funding from
a rail carrier (as defined in section 24102)) or other
participation by State, local, and regional governments and the
private sector;
[[Page 135 STAT. 724]]
``(2) the applicant's work to foster economic development
through rail service, particularly in rural communities;
``(3) whether the applicant seeks to restore service over
routes formerly operated by Amtrak, including routes described
in section 11304(a) of the Passenger Rail Reform and Investment
Act of 2015 (title XI of division A of Public Law 114-94);
``(4) the applicant's dedication to providing intercity
passenger rail service to regions and communities that are
underserved or not served by other intercity public
transportation;
``(5) whether the applicant is enhancing connectivity and
geographic coverage of the existing national network of
intercity passenger rail service;
``(6) whether the applicant has prepared regional rail or
corridor service development plans and corresponding
environmental analysis; and
``(7) whether the applicant has engaged with appropriate
government entities and transportation providers to identify
projects necessary to enhance multimodal connections or
facilitate service integration between rail service and other
modes, including between intercity passenger rail service and
intercity bus service or commercial air service.
``(d) Numerical Limitation.--The Secretary may not award grants
under this section for more than 10 interstate rail compacts in any
fiscal year.
``(e) Operator Limitation.--The Secretary may only award grants
under this section to applicants with eligible expenses related to
intercity passenger rail service to be operated by Amtrak.
``(f) <<NOTE: Requirement.>> Non-Federal Match.--The Secretary
shall require each recipient of a grant under this section to provide a
non-Federal match of not less than 50 percent of the eligible expenses
of carrying out the interstate rail compact under this section.
``(g) <<NOTE: Consultation.>> Report.--Not later than 3 years after
the date of enactment of the Passenger Rail Expansion and Rail Safety
Act of 2021, the Secretary, after consultation with grant recipients
under this section, shall submit a report to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives that
describes--
``(1) the implementation of this section;
``(2) the status of the planning efforts and coordination
funded by grants awarded under this section;
``(3) the plans of grant recipients for continued
implementation of the interstate rail compacts;
``(4) the status of, and data regarding, any new, restored,
or enhanced rail services initiated under the interstate rail
compacts; and
``(5) <<NOTE: Recommenda- tions.>> any legislative
recommendations.''.
(b) Clerical Amendment.--The analysis for chapter 229 of title
49, <<NOTE: 49 USC 22901 prec.>> United States Code (as amended by
section 22305(b)), is amended by adding at the end the following:
``22910. Interstate Rail Compacts Grant Program.''.
(c) Identification.--Section 410 of the Amtrak Reform and
Accountability Act of 1997 (Public Law 105-134; 49 U.S.C. 24101 note) is
amended--
(1) in subsection (b)(2), by striking ``(except funds made
available for Amtrak)''; and
[[Page 135 STAT. 725]]
(2) by adding at the end the following:
``(c) <<NOTE: Deadline.>> Notification Requirement.--Any State that
enters into an interstate compact pursuant to subsection (a) shall
notify the Secretary of Transportation of such compact not later than 60
days after it is formed. The failure of any State to notify the
Secretary under this subsection shall not affect the status of the
interstate compact.
``(d) <<NOTE: Public information.>> Interstate Rail Compacts
Program.--The Secretary of Transportation shall--
``(1) <<NOTE: List.>> make available on a publicly
accessible website a list of interstate rail compacts
established under subsection (a) before the date of enactment of
the Passenger Rail Expansion and Rail Safety Act of 2021 and
interstate rail compacts established after such date; and
``(2) <<NOTE: Update.>> make information regarding
interstate rail compacts available to the public, including how
States may establish interstate rail compacts under subsection
(a), and update such information, as necessary.''.
SEC. 22307. FEDERAL-STATE PARTNERSHIP FOR INTERCITY PASSENGER RAIL
GRANTS.
(a) In General.--Section 24911 of title 49, United States Code, is
amended--
(1) in the section heading, by striking ``for state of good
repair'' and inserting ``for intercity passenger rail'';
(2) in subsection (a)--
(A) in paragraph (1)--
(i) in subparagraph (F), by striking ``or'' at
the end;
(ii) by redesignating subsection (G) as
subsection (H);
(iii) by inserting after subparagraph (F), the
following:
``(G) a federally recognized Indian Tribe; or''; and
(iv) in subsection (H), as redesignated, by
striking ``(F)'' and inserting ``(G)'';
(B) by striking paragraphs (2) and (5); and
(C) by redesignating paragraphs (3) and (4) as
paragraphs (2) and (3), respectively;
(3) in subsection (b), by striking ``with respect to
qualified railroad assets'' and inserting ``, improve
performance, or expand or establish new intercity passenger rail
service, including privately operated intercity passenger rail
service if an eligible applicant is involved;'';
(4) by striking subsections (c) through (e) and inserting
the following:
``(c) Eligible Projects.--The following capital projects, including
acquisition of real property interests, are eligible to receive grants
under this section:
``(1) A project to replace, rehabilitate, or repair
infrastructure, equipment, or a facility used for providing
intercity passenger rail service to bring such assets into a
state of good repair.
``(2) <<NOTE: Determination.>> A project to improve
intercity passenger rail service performance, including reduced
trip times, increased train frequencies, higher operating
speeds, improved reliability,
[[Page 135 STAT. 726]]
expanded capacity, reduced congestion, electrification, and
other improvements, as determined by the Secretary.
``(3) A project to expand or establish new intercity
passenger rail service.
``(4) A group of related projects described in paragraphs
(1) through (3).
``(5) The planning, environmental studies, and final design
for a project or group of projects described in paragraphs (1)
through (4).
``(d) Project Selection Criteria.--In selecting a project for
funding under this section--
``(1) for projects located on the Northeast Corridor, the
Secretary shall--
``(A) make selections consistent with the Northeast
Corridor Project Inventory published pursuant to
subsection (e)(1), unless when necessary to address
materially changed infrastructure or service conditions,
changes in project sponsor capabilities or commitments,
or other significant changes since the completion of the
most recently issued Northeast Corridor Project
Inventory; and
``(B) for projects that benefit intercity and
commuter rail services, only make such selections when
Amtrak and the public authorities providing commuter
rail passenger transportation at the eligible project
location--
``(i) <<NOTE: Compliance.>> are in compliance
with section 24905(c)(2); and
``(ii) identify funding for the intercity
passenger rail share, the commuter rail share, and
the local share of the eligible project before the
commencement of the project;
``(2) for projects not located on the Northeast Corridor,
the Secretary shall--
``(A) give preference to eligible projects--
``(i) for which Amtrak is not the sole
applicant;
``(ii) that improve the financial performance,
reliability, service frequency, or address the
state of good repair of an Amtrak route; and
``(iii) that are identified in, and consistent
with, a corridor inventory prepared under the
Corridor Identification and Development Program
pursuant to section 25101; and
``(B) take into account--
``(i) the cost-benefit analysis of the
proposed project, including anticipated private
and public benefits relative to the costs of the
proposed project, including--
``(I) effects on system and service
performance, including as measured by
applicable metrics set forth in part 273
of title 49, Code of Federal Regulations
(or successor regulations);
``(II) effects on safety,
competitiveness, reliability, trip or
transit time, greenhouse gas emissions,
and resilience;
``(III) anticipated positive
economic and employment impacts,
including development in areas near
passenger stations, historic districts,
or other opportunity zones;
[[Page 135 STAT. 727]]
``(IV) efficiencies from improved
connections with other modes; and
``(V) ability to meet existing or
anticipated demand;
``(ii) the degree to which the proposed
project's business plan considers potential
private sector participation in the financing,
construction, or operation of the proposed
project;
``(iii) the applicant's past performance in
developing and delivering similar projects, and
previous financial contributions;
``(iv) whether the applicant has, or will
have--
``(I) the legal, financial, and
technical capacity to carry out the
project;
``(II) satisfactory continuing
access to the equipment or facilities;
and
``(III) the capability and
willingness to maintain the equipment or
facilities;
``(v) if applicable, the consistency of the
project with planning guidance and documents set
forth by the Secretary or otherwise required by
law;
``(vi) whether the proposed project serves
historically unconnected or underconnected
communities; and
``(vii) any other relevant factors, as
determined by the Secretary; and
``(3) the Secretary shall reserve--
``(A) not less than 45 percent of the amounts
appropriated for grants under this section for projects
not located along the Northeast Corridor, of which not
less than 20 percent shall be for projects that benefit
(in whole or in part) a long-distance route; and
``(B) not less than 45 percent of the amounts
appropriated for grants under this section for projects
listed on the Northeast Corridor project inventory
published pursuant to subsection (e)(1).
``(e) <<NOTE: Deadline. Publication. Inventory.>> Long-term
Planning.--Not later than 1 year after the date of enactment of the
Passenger Rail Expansion and Rail Safety Act of 2021, and every 2 years
thereafter, the Secretary shall create a predictable project pipeline
that will assist Amtrak, States, and the public with long-term capital
planning by publishing a Northeast Corridor project inventory that--
``(1) identifies capital projects for Federal investment,
project applicants, and proposed Federal funding levels under
this section;
``(2) <<NOTE: Plan. Time period.>> specifies the order in
which the Secretary will provide grant funding to projects that
have identified sponsors and are located along the Northeast
Corridor, including a method and plan for apportioning funds to
project sponsors for the 2-year period, which may be altered by
the Secretary, as necessary, if recipients are not carrying out
projects in accordance with the anticipated schedule;
``(3) takes into consideration the appropriate sequence and
phasing of projects described in the Northeast Corridor capital
investment plan developed pursuant to section 24904(a);
``(4) is consistent with the most recent Northeast Corridor
service development plan update described in section 24904(d);
[[Page 135 STAT. 728]]
``(5) <<NOTE: Time period.>> takes into consideration the
existing commitments and anticipated Federal, project applicant,
sponsor, and other relevant funding levels for the next 5 fiscal
years based on information currently available to the Secretary;
and
``(6) <<NOTE: Consultation.>> is developed in consultation
with the Northeast Corridor Commission and the owners of
Northeast Corridor infrastructure and facilities.'';
(5) in subsection (f)(2), by inserting ``, except as
specified under paragraph (4)'' after ``80 percent'';
(6) in subsection (g)--
(A) in the subsection heading, by inserting ``;
Phased Funding Agreements'' after ``Intent'';
(B) in paragraph (1)--
(i) in the paragraph heading, by striking ``In
general'' and inserting ``Letters of intent''; and
(ii) by striking ``shall, to the maximum
extent practicable,'' and inserting ``may'';
(C) by redesignating paragraphs (2) and (3) as
paragraphs (3) and (4), respectively;
(D) by inserting after paragraph (1) the following:
``(2) <<NOTE: Contracts.>> Phased funding agreements.--
``(A) In general.--The Secretary may enter into a
phased funding agreement with an applicant if--
``(i) the project is highly rated, based on
the evaluations and ratings conducted pursuant to
this section and the applicable notice of funding
opportunity; and
``(ii) the Federal assistance to be provided
for the project under this section is more than
$80,000,000.
``(B) Terms.--A phased funding agreement shall--
``(i) establish the terms of participation by
the Federal Government in the project;
``(ii) establish the maximum amount of Federal
financial assistance for the project;
``(iii) include the period of time for
completing the project, even if such period
extends beyond the period for which Federal
financial assistance is authorized;
``(iv) make timely and efficient management of
the project easier in accordance with Federal law;
and
``(v) if applicable, specify when the process
for complying with the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) and
related environmental laws will be completed for
the project.
``(C) Special financial rules.--
``(i) In general.--A phased funding agreement
under this paragraph obligates an amount of
available budget authority specified in law and
may include a commitment, contingent on amounts to
be specified in law in advance for commitments
under this paragraph, to obligate an additional
amount from future available budget authority
specified in law.
``(ii) Statement of contingent commitment.--
The agreement shall state that the contingent
commitment is not an obligation of the Government.
``(iii) Interest and other financing costs.--
Interest and other financing costs of efficiently
carrying out a part of the project within a
reasonable time are a cost of carrying out the
project under a phased
[[Page 135 STAT. 729]]
funding agreement, except that eligible costs may
not be more than the cost of the most favorable
financing terms reasonably available for the
project at the time of
borrowing. <<NOTE: Certification.>> The applicant
shall certify, to the satisfaction of the
Secretary, that the applicant has shown reasonable
diligence in seeking the most favorable financing
terms.
``(iv) Failure to carry out project.--If an
applicant does not carry out the project for
reasons within the control of the applicant, the
applicant shall repay all Federal grant funds
awarded for the project from all Federal funding
sources, for all project activities, facilities,
and equipment, plus reasonable interest and
penalty charges allowable by law or established by
the Secretary in the phased funding agreement. For
purposes of this clause, a process for complying
with the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.) that results in the
selection of the no build alternative is not
within the applicant's control.
``(v) Crediting of funds received.--Any funds
received by the Government under this paragraph,
except for interest and penalty charges, shall be
credited to the appropriation account from which
the funds were originally derived.'';
(E) in paragraph (3), as redesignated--
(i) in subparagraph (A), in the matter
preceding clause (i), by inserting ``a phased
funding agreement under paragraph (2) or'' after
``issuing''; and
(ii) in subparagraph (B)(i), by inserting
``the phased funding agreement or'' after ``a copy
of''; and
(F) in paragraph (4), as redesignated--
(i) by striking ``An obligation'' and
inserting the following:
``(B) Appropriations required.--An obligation''; and
(ii) by inserting before subparagraph (B), as
added by clause (i), the following:
``(A) <<NOTE: Determination.>> In general.--The
Secretary may enter into phased funding agreements under
this subsection that contain contingent commitments to
incur obligations in such amounts as the Secretary
determines are appropriate.'';
(7) in subsection (i), by striking ``section 22905'' and
inserting ``sections 22903 and 22905''; and
(8) by adding at the end the following:
``(j) Annual Report on Phased Funding Agreements and Letters of
Intent.--Not later than the first Monday in February of each year, the
Secretary shall submit a report to the Committee on Commerce, Science,
and Transportation of the Senate, the Committee on Appropriations of the
Senate, the Committee on Transportation and Infrastructure of the House
of Representatives, and the Committee on Appropriations of the House of
Representatives that includes--
``(1) <<NOTE: Proposal.>> a proposal for the allocation of
amounts to be available to finance grants for projects under
this section among applicants for such amounts;
[[Page 135 STAT. 730]]
``(2) <<NOTE: Evaluations.>> evaluations and ratings, as
applicable, for each project that has received a phased funding
agreement or a letter of intent; and
``(3) <<NOTE: Recommenda- tions. Time period.>>
recommendations for each project that has received a phased
funding agreement or a letter of intent for funding based on the
evaluations and ratings, as applicable, and on existing
commitments and anticipated funding levels for the next 3 fiscal
years based on information currently available to the Secretary.
``(k) Regional Planning Guidance Corridor Planning.--The Secretary
may withhold up to 5 percent of the total amount made available for this
section to carry out planning and development activities related to
section 25101, including--
``(1) providing funding to public entities for the
development of service development plans selected under the
Corridor Identification and Development Program;
``(2) facilitating and providing guidance for intercity
passenger rail systems planning; and
``(3) providing funding for the development and refinement
of intercity passenger rail systems planning analytical tools
and models.''.
(b) Clerical Amendment.--The analysis for chapter 249 of title 49,
United States Code, <<NOTE: 49 USC 24901 prec.>> is amended by striking
the item relating to section 24911 and inserting the following:
``24911. Federal-State partnership for intercity passenger rail.''.
SEC. 22308. CORRIDOR IDENTIFICATION AND DEVELOPMENT PROGRAM.
(a) In General.--Part C of subtitle V of title 49, United States
Code, is amended by adding at the end the following:
``CHAPTER 251 <<NOTE: 49 USC 25101 prec.>> --PASSENGER RAIL PLANNING
``Sec.
``25101. Corridor Identification and Development Program.
``Sec. 25101. <<NOTE: 49 USC 25101.>> Corridor Identification and
Development Program
``(a) <<NOTE: Deadline.>> In General.--Not later than 180 days
after the date of enactment of the Passenger Rail Expansion and Rail
Safety Act of 2021, the Secretary of Transportation shall establish a
program to facilitate the development of intercity passenger rail
corridors. The program shall include--
``(1) a process for eligible entities described in
subsection (b) to submit proposals for the development of
intercity passenger rail corridors;
``(2) a process for the Secretary to review and select
proposals in accordance with subsection (c);
``(3) <<NOTE: Criteria.>> criteria for determining the
level of readiness for Federal financial assistance of an
intercity passenger rail corridor, which shall include--
``(A) identification of a service operator which may
include Amtrak or private rail carriers;
``(B) identification of a service sponsor or
sponsors;
``(C) identification capital project sponsors;
``(D) engagement with the host railroads; and
``(E) other criteria as determined appropriate by
the Secretary;
[[Page 135 STAT. 731]]
``(4) a process for preparing service development plans in
accordance with subsection (d), including the identification of
planning funds, such as funds made available under section
24911(k) and interstate rail compact grants established under
section 22210;
``(5) the creation of a pipeline of intercity passenger rail
corridor projects under subsection (g);
``(6) planning guidance to achieve the purposes of this
section, including guidance for intercity passenger rail
corridors not selected under this section; and
``(7) such other features as the Secretary considers
relevant to the successful development of intercity passenger
rail corridors.
``(b) Eligible Entities.--The Secretary may receive proposals under
this section from Amtrak, States, groups of States, entities
implementing interstate compacts, regional passenger rail authorities,
regional planning organizations, political subdivisions of a State,
federally recognized Indian Tribes, and other public entities, as
determined by the Secretary.
``(c) Corridor Selection.--In selecting intercity passenger rail
corridors pursuant to subsection (a), the Secretary shall consider--
``(1) whether the route was identified as part of a regional
or interregional intercity passenger rail systems planning
study;
``(2) projected ridership, revenues, capital investment, and
operating funding requirements;
``(3) anticipated environmental, congestion mitigation, and
other public benefits;
``(4) projected trip times and their competitiveness with
other transportation modes;
``(5) anticipated positive economic and employment impacts,
including development in the areas near passenger stations,
historic districts, or other opportunity zones;
``(6) committed or anticipated State, regional
transportation authority, or other non-Federal funding for
operating and capital costs;
``(7) benefits to rural communities;
``(8) whether the corridor is included in a State's approved
State rail plan developed pursuant to chapter 227;
``(9) whether the corridor serves historically unserved or
underserved and low-income communities or areas of persistent
poverty;
``(10) whether the corridor would benefit or improve
connectivity with existing or planned transportation services of
other modes;
``(11) whether the corridor connects at least 2 of the 100
most populated metropolitan areas;
``(12) whether the corridor would enhance the regional
equity and geographic diversity of intercity passenger rail
service;
``(13) whether the corridor is or would be integrated into
the national rail passenger transportation system and whether
the corridor would create benefits for other passenger rail
routes and services; and
``(14) whether a passenger rail operator, including a
private rail carrier, has expressed support for the corridor.
[[Page 135 STAT. 732]]
``(d) Service Development Plans.--For each corridor proposal
selected for development under this section, the Secretary shall partner
with the entity that submitted the proposal, relevant States, and
Amtrak, as appropriate, to prepare a service development plan (or to
update an existing service development plan), which shall include--
``(1) a detailed description of the proposed intercity
passenger rail service, including train frequencies, peak and
average operating speeds, and trip times;
``(2) <<NOTE: Inventory.>> a corridor project inventory
that--
``(A) identifies the capital projects necessary to
achieve the proposed intercity passenger rail service,
including--
``(i) the capital projects for which Federal
investment will be sought;
``(ii) the likely project applicants; and
``(iii) the proposed Federal funding levels;
``(B) specifies the order in which Federal funding
will be sought for the capital projects identified under
subparagraph (A), after considering the appropriate
sequence and phasing of projects based on the
anticipated availability of funds; and
``(C) is developed in consultation with the entities
listed in subsection (e);
``(3) <<NOTE: Schedule.>> a schedule and any associated
phasing of projects and related service initiation or changes;
``(4) project sponsors and other entities expected to
participate in carrying out the plan;
``(5) a description of how the corridor would comply with
Federal rail safety and security laws, orders, and regulations;
``(6) the locations of existing and proposed stations;
``(7) the needs for rolling stock and other equipment;
``(8) a financial plan identifying projected--
``(A) annual revenues;
``(B) annual ridership;
``(C) capital investments before service could be
initiated;
``(D) capital investments required to maintain
service;
``(E) annual operating and costs; and
``(F) sources of capital investment and operating
financial support;
``(9) a description of how the corridor would contribute to
the development of a multi-State regional network of intercity
passenger rail;
``(10) an intermodal plan describing how the new or improved
corridor facilitates travel connections with other passenger
transportation services;
``(11) a description of the anticipated environmental
benefits of the corridor; and
``(12) a description of the corridor's impacts on highway
and aviation congestion, energy consumption, land use, and
economic development in the service area.
``(e) Consultation.--In partnering on the preparation of a service
development plan under subsection (d), the Secretary shall consult
with--
``(1) Amtrak;
``(2) appropriate State and regional transportation
authorities and local officials;
[[Page 135 STAT. 733]]
``(3) representatives of employee labor organizations
representing railroad and other appropriate employees;
``(4) host railroads for the proposed corridor; and
``(5) other stakeholders, as determined by the Secretary.
``(f) <<NOTE: Time period. Consultation. Determination.>>
Updates.--Every 5 years, after the initial development of the service
development plan under subsection (d), if at least 40 percent of the
work to implement a service development plan prepared under subsection
(d) has not yet been completed, the plan's sponsor, in consultation with
the Secretary, shall determine whether such plan should be updated.
``(g) <<NOTE: Deadlines.>> Project Pipeline.--Not later than 1 year
after the establishment of the program under this section, and by
February 1st of each year thereafter, the Secretary shall submit to the
Committee on Commerce, Science, and Transportation of the Senate, the
Committee on Appropriations of the Senate, and the Committee on
Transportation and Infrastructure of the House of Representatives, and
the Committee on Appropriations of the House of Representatives a
project pipeline, in accordance with this section, that--
``(1) identifies intercity passenger rail corridors selected
for development under this section;
``(2) identifies capital projects for Federal investment,
project applicants, and proposed Federal funding levels, as
applicable, consistent with the corridor project inventory;
``(3) <<NOTE: Time period.>> specifies the order in which
the Secretary would provide Federal financial assistance,
subject to the availability of funds, to projects that have
identified sponsors, including a method and plan for
apportioning funds to project sponsors for a 5-year period,
which may be altered by the Secretary, as necessary, if
recipients are not carrying out projects on the anticipated
schedule;
``(4) takes into consideration the appropriate sequence and
phasing of projects described in the corridor project inventory;
``(5) <<NOTE: Time period.>> takes into consideration the
existing commitments and anticipated Federal, project applicant,
sponsor, and other relevant funding levels for the next 5 fiscal
years based on information currently available to the Secretary;
``(6) is prioritized based on the level of readiness of the
corridor; and
``(7) reflects consultation with Amtrak.
``(h) Definition.--In this section, the term `intercity passenger
rail corridor' means--
``(1) a new intercity passenger rail route of less than 750
miles;
``(2) the enhancement of an existing intercity passenger
rail route of less than 750 miles;
``(3) the restoration of service over all or portions of an
intercity passenger rail route formerly operated by Amtrak; or
``(4) the increase of service frequency of a long-distance
intercity passenger rail route.''.
(b) Clerical Amendment.--The table of chapters for subtitle V of
title 49, United States Code, <<NOTE: 49 USC 20101 prec.>> is amended
by inserting after the item relating to chapter 249 the following:
``Chapter 251. Passenger rail planning.........................25101''.
[[Page 135 STAT. 734]]
SEC. 22309. <<NOTE: 49 USC 1301 note.>> SURFACE TRANSPORTATION
BOARD PASSENGER RAIL PROGRAM.
The Surface Transportation Board shall--
(1) establish a passenger rail program with primary
responsibility for carrying out the Board's passenger rail
responsibilities; and
(2) hire up to 10 additional full-time employees to assist
in carrying out the responsibilities referred to in paragraph
(1).
Subtitle D--Rail Safety
SEC. 22401. RAILWAY-HIGHWAY CROSSINGS PROGRAM EVALUATION.
(a) <<NOTE: Deadline. Determination.>> In General.--Not later than
3 years after the date of enactment of this Act, the Secretary shall
evaluate the requirements of the railway-highway crossings program
authorized under section 130 of title 23, United States Code, to
determine whether--
(1) the requirements of the program provide States
sufficient flexibility to adequately address current and
emerging highway-rail grade crossing safety issues;
(2) the structure of the program provides sufficient
incentives and resources to States and local agencies to make
changes at highway-rail grade crossings that are most effective
at reducing deaths and injuries;
(3) there are appropriate tools and resources to support
States in using data driven programs to determine the most cost-
effective use of program funds; and
(4) any statutory changes are recommended to improve the
effectiveness of the program.
(b) <<NOTE: Summaries. Recommenda- tions.>> Report.--Not later than
4 years after the date of enactment of this Act, the Secretary shall
submit a report to the Committee on Commerce, Science, and
Transportation of the Senate, the Committee on Environment and Public
Works of the Senate, and the Committee on Transportation and
Infrastructure of the House of Representatives that summarizes and
describes the results of the evaluation conducted pursuant to subsection
(a), including any recommended statutory changes.
SEC. 22402. <<NOTE: Deadline. 49 USC 22907 note.>> GRADE CROSSING
ACCIDENT PREDICTION MODEL.
Not later than 2 years after the date of enactment of this Act, the
Administrator of the Federal Railroad Administration shall--
(1) <<NOTE: Update.>> update the grade crossing accident
prediction and severity model used by the Federal Railroad
Administration to analyze accident risk at highway-rail grade
crossings; and
(2) provide training on the use of the updated grade
crossing accident prediction and severity model.
SEC. 22403. PERIODIC UPDATES TO HIGHWAY-RAIL CROSSING REPORTS AND
PLANS.
(a) Highway-rail Grade Crossing Safety.--Section 11401 of the Fixing
America's Surface Transportation Act (Public Law 114-94; 49 U.S.C. 22907
note) is amended--
(1) by striking subsection (c); and
(2) by redesignating subsections (d) and (e) as subsections
(c) and (d), respectively.
(b) Reports on Highway-rail Grade Crossing Safety.--
[[Page 135 STAT. 735]]
(1) In general.--Chapter 201 of title 49, United States
Code, is amended by inserting after section 20166 the following:
``Sec. 20167. <<NOTE: 49 USC 20167.>> Reports on highway-rail
grade crossing safety
``(a) <<NOTE: Consultation. Summaries.>> Report.--Not later than 4
years after the date by which States are required to submit State
highway-rail grade crossing action plans under section 11401(b) of the
Fixing America's Surface Transportation Act (49 U.S.C. 22907 note), the
Administrator of the Federal Railroad Administration, in consultation
with the Administrator of the Federal Highway Administration, shall
submit a report to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives that summarizes the State
highway-rail grade crossing action plans, including--
``(1) <<NOTE: Analysis. Evaluation.>> an analysis and
evaluation of each State railway-highway crossings program under
section 130 of title 23, including--
``(A) <<NOTE: Compliance.>> compliance with section
11401 of the Fixing America's Surface Transportation Act
and section 130(g) of title 23; and
``(B) <<NOTE: Strategies.>> the specific strategies
identified by each State to improve safety at highway-
rail grade crossings, including crossings with multiple
accidents or incidents;
``(2) the progress of each State in implementing its State
highway-rail grade crossings action plan;
``(3) the number of highway-rail grade crossing projects
undertaken pursuant to section 130 of title 23, including the
distribution of such projects by cost range, road system, nature
of treatment, and subsequent accident experience at improved
locations;
``(4) <<NOTE: Compliance.>> which States are not in
compliance with their schedule of projects under section 130(d)
of title 23; and
``(5) <<NOTE: Recommenda- tions.>> any recommendations for
future implementation of the railway-highway crossings program
under section 130 of title 23.
``(b) <<NOTE: Deadline. Consultation.>> Updates.--Not later than 5
years after the submission of the report required under subsection (a),
the Administrator of the Federal Railroad Administration, in
consultation with the Administrator of the Federal Highway
Administration, shall--
``(1) update the report based on the State annual reports
submitted pursuant to section 130(g) of title 23 and any other
information obtained by or available to the Administrator of the
Federal Railroad Administration; and
``(2) submit the updated report to the Committee on
Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives.
``(c) Definitions.--In this section:
``(1) Highway-rail grade crossing.--The term `highway-rail
grade crossing' means a location within a State, other than a
location at which 1 or more railroad tracks cross 1 or more
railroad tracks at grade, at which--
``(A) a public highway, road, or street, or a
private roadway, including associated sidewalks and
pathways, crosses 1 or more railroad tracks, either at
grade or grade-separated; or
``(B) a pathway explicitly authorized by a public
authority or a railroad carrier that--
[[Page 135 STAT. 736]]
``(i) is dedicated for the use of nonvehicular
traffic, including pedestrians, bicyclists, and
others;
``(ii) is not associated with a public
highway, road, or street, or a private roadway;
and
``(iii) crosses 1 or more railroad tracks,
either at grade or grade-separated.
``(2) State.--The term `State' means a State of the United
States or the District of Columbia.''.
(2) Clerical amendment.--The analysis for chapter 201 of
title 49, United States Code, <<NOTE: 49 USC 20101 prec.>> is
amended by inserting after the item relating to section 20166
the following:
``20167. Reports on highway-rail grade crossing safety.''.
(c) Annual Report.--Section 130(g) of title 23, United States Code,
is amended to read as follows:
``(g) Annual Report.--
``(1) In general.--Not later than August 31 of each year,
each State shall submit a report to the Administrator of the
Federal Highway Administration that describes--
``(A) the progress being made to implement the
railway-highway crossings program authorized under this
section; and
``(B) the effectiveness of the improvements made as
a result of such implementation.
``(2) <<NOTE: Assessments.>> Contents.--Each report
submitted pursuant to paragraph (1) shall contain an assessment
of--
``(A) the costs of the various treatments employed
by the State to implement the railway-highway crossings
program; and
``(B) the effectiveness of such treatments, as
measured by the accident experience at the locations
that received such treatments.
``(3) Coordination.--Not later than 30 days after the
Federal Highway Administration's acceptance of each report
submitted pursuant to paragraph (1), the Administrator of the
Federal Highway Administration shall make such report available
to the Administrator of the Federal Railroad Administration.''.
SEC. 22404. <<NOTE: 49 USC 22907 note.>> BLOCKED CROSSING PORTAL.
(a) <<NOTE: Time period.>> In General.--The Administrator of the
Federal Railroad Administration shall establish a 3-year blocked
crossing portal, which shall include the maintenance of the portal and
corresponding database to receive, store, and retrieve information
regarding blocked highway-rail grade crossings.
(b) Blocked Crossing Portal.--The Administrator of the Federal
Railroad Administration shall establish a blocked crossing portal that--
(1) collects information from the public, including first
responders, regarding blocked highway-rail grade crossing
events;
(2) solicits the apparent cause of the blocked crossing and
provides examples of common causes of blocked crossings, such as
idling trains or instances when lights or gates are activated
when no train is present;
(3) provides each complainant with the contact information
for reporting a blocked crossing to the relevant railroad; and
[[Page 135 STAT. 737]]
(4) encourages each complainant to report the blocked
crossing to the relevant railroad.
(c) Complaints.--The blocked crossing portal shall be programmed to
receive complaints from the general public about blocked highway-rail
grade crossings. Any complaint reported through the portal shall
indicate whether the complainant also reported the blocked crossing to
the relevant railroad.
(d) <<NOTE: Review.>> Information Received.--In reviewing
complaints received pursuant to subsection (c), the Federal Railroad
Administration shall review, to the extent practicable, the information
received from the complainant to account for duplicative or erroneous
reporting.
(e) Use of Information.--The information received and maintained in
the blocked crossing portal database shall be used by the Federal
Railroad Administration--
(1) to identify frequent and long-duration blocked highway-
rail grade crossings;
(2) as a basis for conducting outreach to communities,
emergency responders, and railroads;
(3) to support collaboration in the prevention of incidents
at highway-rail grade crossings; and
(4) to assess the impacts of blocked crossings.
(f) Sharing Information Received.--
(1) <<NOTE: Public information. Procedures.>> In general.--
The Administrator of the Federal Railroad Administration shall
implement and make publicly available procedures for sharing any
nonaggregated information received through the blocked crossing
portal with the public.
(2) Rule of construction.--Nothing in this section may be
construed to authorize the Federal Railroad Administration to
make publically available sensitive security information.
(g) Additional Information.--If the information submitted to the
blocked crossing portal is insufficient to determine the locations and
potential impacts of blocked highway-rail grade crossings, the Federal
Railroad Administration may collect, from the general public, State and
local law enforcement personnel, and others as appropriate, and on a
voluntary basis, such additional information as may be necessary to make
such determinations.
(h) Limitations.--Complaints, data, and other information received
through the blocked crossing portal may not be used--
(1) to infer or extrapolate the rate or instances of
crossings beyond the data received through the portal; or
(2) for any regulatory or enforcement purposes except those
specifically described in this section.
(i) Reports.--
(1) <<NOTE: Web posting.>> Annual public report.--The
Administrator of the Federal Railroad Administration shall
publish an annual report on a public website regarding the
blocked crossing program, including the underlying causes of
blocked crossings, program challenges, and other findings.
(2) Report to congress.--Not later than 1 year after the
date of enactment of this Act, the Administrator of the Federal
Railroad Administration shall submit a report to the Committee
on Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives that describes--
(A) based on the information received through the
blocked crossing portal, frequent and long-duration
blocked
[[Page 135 STAT. 738]]
highway-rail grade crossings, including the locations,
dates, durations, and impacts resulting from such
occurrences;
(B) the Federal Railroad Administration's process
for verifying the accuracy of the complaints submitted
to the blocked crossing portal, including whether the
portal continues to be effective in collecting such
information and identifying blocked crossings;
(C) the Federal Railroad Administration's use of the
data compiled by the blocked crossing portal to assess
the underlying cause and overall impacts of blocked
crossings;
(D) the engagement of the Federal Railroad
Administration with affected parties to identify and
facilitate solutions to frequent and long-duration
blocked highway-rail grade crossings identified by the
blocked crossing portal; and
(E) whether the blocked crossing portal continues to
be an effective method to collect blocked crossing
information and what changes could improve its
effectiveness.
(j) Sunset.--This section (other than subsection (k)) shall have no
force or effect beginning on the date that is 3 years after the date of
enactment of this Act.
(k) Rule of Construction.--Nothing in this section may be construed
to invalidate any authority of the Secretary with respect to blocked
highway-rail grade crossings. The Secretary may continue to use any such
authority after the sunset date set forth in subsection (j).
SEC. 22405. <<NOTE: Deadlines. 49 USC 20101 note.>> DATA
ACCESSIBILITY.
(a) Review.--Not later than 180 days after the date of enactment of
this Act, the Chief Information Officer of the Department shall--
(1) conduct a review of the website of the Office of Safety
Analysis of the Federal Railroad Administration; and
(2) <<NOTE: Recommenda- tions.>> provide recommendations to
the Secretary for improving the public's usability and
accessibility of the website referred to in paragraph (1).
(b) <<NOTE: Website.>> Updates.--Not later than 1 year after
receiving recommendations from the Chief Information Officer pursuant to
subsection (a)(2), the Secretary, after considering such
recommendations, shall update the website of the Office of Safety
Analysis of the Federal Railroad Administration to improve the usability
and accessibility of the website.
SEC.
22406. <<NOTE: Deadline. Regulations. Requirements. Plans. Comp
liance. 49 USC 20133 note.>>
EMERGENCY LIGHTING.
Not later than 1 year after the date of enactment of this Act, the
Secretary shall initiate a rulemaking to require that all rail carriers
providing intercity passenger rail transportation or commuter rail
passenger transportation (as such terms are defined in section 24102 of
title 49, United States Code), develop and implement periodic inspection
plans to ensure that passenger equipment offered for revenue service
complies with the requirements under part 238 of title 49, Code of
Federal Regulations, including ensuring that, in the event of a loss of
power, there is adequate emergency lighting available to allow
passengers, crew members, and first responders--
(1) to see and orient themselves;
(2) to identify obstacles;
[[Page 135 STAT. 739]]
(3) to safely move throughout the rail car; and
(4) to evacuate safely.
SEC. 22407. <<NOTE: Deadlines. 49 USC 24313 note.>> COMPREHENSIVE
RAIL SAFETY REVIEW OF AMTRAK.
(a) Comprehensive Safety Assessment.--Not later than 1 year after
the date of enactment of this Act, the Secretary shall--
(1) <<NOTE: Compliance.>> conduct a focused review of
Amtrak's safety-related processes and procedures, compliance
with safety regulations and requirements, and overall safety
culture; and
(2) <<NOTE: Reports. Recommenda- tions.>> submit a report
to the Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure of
the House of Representatives that includes the findings and
recommendations resulting from such assessment.
(b) Plan.--
(1) Initial plan.--Not later than 6 months after the
completion of the comprehensive safety assessment under
subsection (a)(1), Amtrak shall submit a plan to the Committee
on Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives for addressing the findings and recommendations
raised in the comprehensive safety assessment.
(2) Annual updates.--Amtrak shall submit annual updates of
its progress toward implementing the plan submitted pursuant to
paragraph (1) to the committees listed in such paragraph.
SEC. 22408. <<NOTE: 49 USC 21109 note.>> COMPLETION OF HOURS OF
SERVICE AND FATIGUE STUDIES.
(a) <<NOTE: Deadline.>> In General.--Not later than 90 days after
the date of enactment of this Act, the Administrator of the Federal
Railroad Administration shall commence the pilot programs required under
subparagraphs (A) and (B) of section 21109(e)(1) of title 49, United
States Code.
(b) Consultation.--The Federal Railroad Administration shall consult
with the class or craft of employees impacted by the pilot projects,
including railroad carriers, and representatives of labor organizations
representing the impacted employees when designing and conducting the
pilot programs referred to in subsection (a).
(c) Report.--If the pilot programs required under section
21109(e)(1) of title 49, United States Code, have not commenced on the
date that is 1 year and 120 days after the date of enactment of this
Act, the Secretary, not later than 30 days after such date, submit a
report to the Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure of the
House of Representatives that describes--
(1) the status of such pilot programs;
(2) actions that the Federal Railroad Administration has
taken to commence the pilot programs, including efforts to
recruit participant railroads;
(3) any challenges impacting the commencement of the pilot
programs; and
(4) any other details associated with the development of the
pilot programs that affect progress toward meeting the mandate
under such section 21109(e)(1).
[[Page 135 STAT. 740]]
SEC. 22409. POSITIVE TRAIN CONTROL STUDY.
(a) <<NOTE: Determination.>> Study.--The Comptroller General of the
United States shall conduct a study to determine the annual positive
train control system operation and maintenance costs for public commuter
railroads.
(b) <<NOTE: Summaries.>> Report.--Not later than 2 years after the
date of enactment of this Act, the Comptroller General of the United
States shall submit a report to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives that summarizes the study
conducted pursuant to subsection (a), including the estimated annual
positive train control system operation and maintenance costs for public
commuter railroads.
SEC. 22410. <<NOTE: 49 USC 20162 note.>> OPERATING CREW MEMBER
TRAINING, QUALIFICATION, AND
CERTIFICATION.
(a) <<NOTE: Deadline.>> Audits.--Not later than 60 days after the
date of enactment of this Act, the Secretary shall initiate audits of
the training, qualification, and certification programs of locomotive
engineers and conductors of railroad carriers, subject to the
requirements of parts 240 and 242 of title 49, Code of Federal
Regulations, which audits shall--
(1) be conducted in accordance with subsection (b);
(2) <<NOTE: Compliance.>> consider whether such programs
are in compliance with such parts 240 and 242;
(3) <<NOTE: Assessment.>> assess the type and content of
training that such programs provide locomotive engineers and
conductors, relevant to their respective roles, including
training related to installed technology;
(4) <<NOTE: Determination.>> determine whether such
programs provide locomotive engineers and conductors the
knowledge, skill, and ability to safely operate a locomotive or
train, consistent with such parts 240 and 242;
(5) <<NOTE: Determination.>> determine whether such
programs reflect the current operating practices of the railroad
carrier;
(6) <<NOTE: Assessment. Examination.>> assess the current
practice by which railroads utilize simulator training, or any
other technologies used to train and qualify locomotive
engineers and conductors by examining how such technologies are
used;
(7) consider international experience and practice using
similar technology, as appropriate, particularly before
qualifying locomotive engineers on new or unfamiliar equipment,
new train control, diagnostics, or other on-board technology;
(8) <<NOTE: Assessment.>> assess the current practice for
familiarizing locomotive engineers and conductors with new
territory and using recurrency training to expose such personnel
to normal and abnormal conditions; and
(9) ensure that locomotive engineers and conductor training
programs are considered separately, as appropriate, based on the
unique requirements and regulations.
(b) Audit Scheduling.--The Secretary shall--
(1) <<NOTE: Time periods.>> schedule the audits required
under subsection (a) to ensure that--
(A) each Class I railroad, including the National
Railroad Passenger Corporation and other intercity
passenger rail providers, is audited not less frequently
than once every 5 years; and
[[Page 135 STAT. 741]]
(B) <<NOTE: Determination.>> a select number, as
determined appropriate by the Secretary, of Class II and
Class III railroads, along with other railroads
providing passenger rail service that are not included
in subparagraph (A), are audited annually; and
(2) conduct the audits described in paragraph (1)(B) in
accordance with the Small Business Regulatory Enforcement
Fairness Act of 1996 (5 U.S.C. 601 note) and appendix C of part
209 of title 49, Code of Federal Regulations.
(c) Updates to Qualification and Certification Program.--If the
Secretary, while conducting the audits required under this section,
identifies a deficiency in a railroad's training, qualification, and
certification program for locomotive engineers or conductors, the
railroad shall update the program to eliminate such deficiency.
(d) Consultation and Cooperation.--
(1) Consultation.--In conducting any audit required under
this section, the Secretary shall consult with the railroad and
its employees, including any nonprofit employee labor
organization representing the engineers or conductors of the
railroad.
(2) Cooperation.--The railroad and its employees, including
any nonprofit employee labor organization representing engineers
or conductors of the railroad, shall fully cooperate with any
such audit, including by--
(A) providing any relevant documents requested; and
(B) making available any employees for interview
without undue delay or obstruction.
(3) <<NOTE: Determination. Notification.>> Failure to
cooperate.--If the Secretary determines that a railroad or any
of its employees, including any nonprofit employee labor
organization representing engineers or conductors of the
railroad is not fully cooperating with an audit, the Secretary
shall electronically notify the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives.
(e) <<NOTE: Determination. Evaluation.>> Review of Regulations.--
The Secretary shall triennially determine whether any update to part 240
or 242 of title 49, Code of Federal Regulations, is necessary to better
prepare locomotive engineers and conductors to safely operate trains by
evaluating whether such regulations establish appropriate Federal
standards requiring railroads--
(1) to provide locomotive engineers or conductors the
knowledge and skills to safely operate trains under conditions
that reflect industry practices;
(2) to adequately address locomotive engineer or conductor
route situational awareness, including ensuring locomotive
engineers and conductors to demonstrate knowledge on the
physical characteristics of a territory under various conditions
and using various resources;
(3) to provide relevant and adequate hands-on training
before a locomotive engineer or conductor is certified;
(4) to adequately prepare locomotive engineers or conductors
to understand relevant locomotive operating characteristics, to
include instructions on functions they are required to operate
on any installed technology; and
[[Page 135 STAT. 742]]
(5) to address any other safety issue that the Secretary
determines to be appropriate for better preparing locomotive
engineers or conductors.
(f) <<NOTE: Public information. Web posting. Summaries.>> Annual
Report.--The Secretary shall publish an annual report on the public
website of the Federal Railroad Administration that--
(1) summarizes the findings of the prior year's audits;
(2) summarizes any updates made pursuant to subsection (c);
and
(3) excludes and confidential business information or
sensitive security information.
SEC. 22411. TRANSPARENCY AND SAFETY.
Section 20103(d) of title 49, United States Code, is amended to read
as follows:
``(d) Nonemergency Waivers.--
``(1) In general.--The Secretary of Transportation may
waive, or suspend the requirement to comply with, any part of a
regulation prescribed or an order issued under this chapter if
such waiver or suspension is in the public interest and
consistent with railroad safety.
``(2) Notice required.--The Secretary shall--
``(A) provide timely public notice of any request
for a waiver under this subsection or for a suspension
under subpart E of part 211 of title 49, Code of Federal
Regulations, or successor regulations;
``(B) <<NOTE: Data.>> make available the
application for such waiver or suspension and any
nonconfidential underlying data to interested parties;
``(C) <<NOTE: Public comment.>> provide the public
with notice and a reasonable opportunity to comment on a
proposed waiver or suspension under this subsection
before making a final decision; and
``(D) <<NOTE: Public information. Web posting.>>
publish on a publicly accessible website the reasons for
granting each such waiver or suspension.
``(3) Information protection.--Nothing in this subsection
may be construed to require the release of information protected
by law from public disclosure.
``(4) Rulemaking.--
``(A) <<NOTE: Deadline. Time
period. Review. Analysis. Determination.>> In
general.--Not later than 1 year after the first day on
which a waiver under this subsection or a suspension
under subpart E of part 211 of title 49, Code of Federal
Regulations, or successor regulations, has been in
continuous effect for a 6-year period, the Secretary
shall complete a review and analysis of such waiver or
suspension to determine whether issuing a rule that is
consistent with the waiver is--
``(i) in the public interest; and
``(ii) consistent with railroad safety.
``(B) Factors.--In conducting the review and
analysis under subparagraph (A), the Secretary shall
consider--
``(i) the relevant safety record under the
waiver or suspension;
``(ii) the likelihood that other entities
would have similar safety outcomes;
``(iii) the materials submitted in the
applications, including any comments regarding
such materials; and
``(iv) related rulemaking activity.
[[Page 135 STAT. 743]]
``(C) Notice and comment.--
``(i) <<NOTE: Federal
Register, publication. Summary. Data.>> In
general.--The Secretary shall publish the review
and analysis required under this paragraph in the
Federal Register, which shall include a summary of
the data collected and all relevant underlying
data, if the Secretary decides not to initiate a
regulatory update under subparagraph (D).
``(ii) Notice of proposed rulemaking.--The
review and analysis under this paragraph shall be
included as part of the notice of proposed
rulemaking if the Secretary initiates a regulatory
update under subparagraph (D).
``(D) Regulatory update.--The Secretary may initiate
a rulemaking to incorporate relevant aspects of a waiver
under this subsection or a suspension under subpart E of
part 211 of title 49, Code of Federal Regulations, or
successor regulations, into the relevant regulation, to
the extent the Secretary considers appropriate.
``(5) Rule of construction.--Nothing in this subsection may
be construed to delay any waiver granted pursuant to this
subsection that is in the public interest and consistent with
railroad safety.''.
SEC. 22412. RESEARCH AND DEVELOPMENT.
Section 20108 of title 49, United States Code, is amended by adding
at the end the following:
``(d) Facilities.--The Secretary may erect, alter, and repair
buildings and make other public improvements to carry out necessary
railroad research, safety, and training activities at the Transportation
Technology Center in Pueblo, Colorado.
``(e) <<NOTE: Fees.>> Offsetting Collections.--The Secretary may
collect fees or rents from facility users to offset appropriated amounts
for the cost of providing facilities or research, development, testing,
training, or other services, including long-term sustainment of the on-
site physical plant.
``(f) Revolving Fund.--Amounts appropriated to carry out subsection
(d) and all fees and rents collected pursuant to subsection (e) shall be
credited to a revolving fund and remain available until expended. The
Secretary may use such fees and rents for operation, maintenance,
repair, or improvement of the Transportation Technology Center.
``(g) <<NOTE: Time period. Determination.>> Leases and Contracts.--
Notwithstanding section 1302 of title 40, the Secretary may lease to
others or enter into contracts for terms of up to 20 years, for such
consideration and subject to such terms and conditions as the Secretary
determines to be in the best interests of the Government of the United
States, for the operation, maintenance, repair, and improvement of the
Transportation Technology Center.
``(h) Property and Casualty Loss Insurance.--The Secretary may allow
its lessees and contractors to purchase property and casualty loss
insurance for its assets and activities at the Transportation Technology
Center to mitigate the lessee's or contractor's risk associated with
operating a facility.
``(i) <<NOTE: Contracts. Time period.>> Energy Projects.--
Notwithstanding section 1341 of title 31, the Secretary may enter into
contracts or agreements, or commit to obligations in connection with
third-party contracts or agreements, including contingent liability for
the purchase of electric
[[Page 135 STAT. 744]]
power in connection with such contracts or agreements, for terms not to
exceed 20 years, to enable the use of the land at the Transportation
Technology Center for projects to produce energy from renewable
sources.''.
SEC. 22413. RAIL RESEARCH AND DEVELOPMENT CENTER OF EXCELLENCE.
Section 20108 of title 49, United States Code, as amended by section
22412, is further amended by adding at the end the following:
``(j) Rail Research and Development Center of Excellence.--
``(1) <<NOTE: Grants.>> Center of excellence.--The
Secretary shall award grants to establish and maintain a center
of excellence to advance research and development that improves
the safety, efficiency, and reliability of passenger and freight
rail transportation.
``(2) Eligibility.--An institution of higher education (as
defined in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001)) or a consortium of nonprofit institutions of
higher education shall be eligible to receive a grant from the
center established pursuant to paragraph (1).
``(3) Selection criteria.--In awarding a grant under this
subsection, the Secretary shall--
``(A) give preference to applicants with strong past
performance related to rail research, education, and
workforce development activities;
``(B) consider the extent to which the applicant
would involve public and private sector passenger and
freight railroad operators; and
``(C) consider the regional and national impacts of
the applicant's proposal.
``(4) Use of funds.--Grant funds awarded pursuant to this
subsection shall be used for basic and applied research,
evaluation, education, workforce development, and training
efforts related to safety, project delivery, efficiency,
reliability, resiliency, and sustainability of urban commuter,
intercity high-speed, and freight rail transportation, to
include advances in rolling stock, advanced positive train
control, human factors, rail infrastructure, shared corridors,
grade crossing safety, inspection technology, remote sensing,
rail systems maintenance, network resiliency, operational
reliability, energy efficiency, and other advanced technologies.
``(5) Federal share.--The Federal share of a grant awarded
under this subsection shall be 50 percent of the cost of
establishing and operating the center of excellence and related
research activities carried out by the grant recipient.''.
SEC. 22414. QUARTERLY REPORT ON POSITIVE TRAIN CONTROL SYSTEM
PERFORMANCE.
Section 20157 of title 49, United States Code, is amended by adding
at the end the following:
``(m) Reports on Positive Train Control System Performance.--
``(1) In general.--Each host railroad subject to this
section or subpart I of part 236 of title 49, Code of Federal
Regulations, shall electronically submit to the Secretary of
Transportation a Report of PTC System Performance on Form FRA F
6180.152,
[[Page 135 STAT. 745]]
which shall be submitted on or before the applicable due date
set forth in paragraph (3) and contain the information described
in paragraph (2), which shall be separated by the host railroad,
each applicable tenant railroad, and each positive train
control-governed track segment, consistent with the railroad's
positive train control Implementation Plan described in
subsection (a)(1).
``(2) Required information.--Each report submitted pursuant
to paragraph (1) shall include, for the applicable reporting
period--
``(A) the number of positive train control system
initialization failures, disaggregated by the number of
initialization failures for which the source or cause
was the onboard subsystem, the wayside subsystem, the
communications subsystem, the back office subsystem, or
a non-positive train control component;
``(B) the number of positive train control system
cut outs, disaggregated by each component listed in
subparagraph (A) that was the source or cause of such
cut outs;
``(C) the number of positive train control system
malfunctions, disaggregated by each component listed in
subparagraph (A) that was the source or cause of such
malfunctions;
``(D) the number of enforcements by the positive
train control system;
``(E) the number of enforcements by the positive
train control system in which it is reasonable to assume
an accident or incident was prevented;
``(F) the number of scheduled attempts at
initialization of the positive train control system;
``(G) the number of train miles governed by the
positive train control system; and
``(H) <<NOTE: Summary.>> a summary of any actions
the host railroad and its tenant railroads are taking to
reduce the frequency and rate of initialization
failures, cut outs, and malfunctions, such as any
actions to correct or eliminate systemic issues and
specific problems.
``(3) Due dates.--
``(A) In general.--Except as provided in
subparagraph (B), each host railroad shall
electronically submit the report required under
paragraph (1) not later than--
``(i) April 30, for the period from January 1
through March 31;
``(ii) July 31, for the period from April 1
through June 30;
``(iii) October 31, for the period from July 1
through September 30; and
``(iv) January 31, for the period from October
1 through December 31 of the prior calendar year.
``(B) <<NOTE: Effective date.>> Frequency
reduction.--Beginning on the date that is 3 years after
the date of enactment of the Passenger Rail Expansion
and Rail Safety Act of 2021, the Secretary shall reduce
the frequency with which host railroads are required to
submit the report described in paragraph (1) to not less
frequently than twice per year, unless the Secretary--
[[Page 135 STAT. 746]]
``(i) <<NOTE: Determination.>> determines
that quarterly reporting is in the public
interest; and
``(ii) <<NOTE: Federal
Register, publication.>> publishes a
justification for such determination in the
Federal Register.
``(4) Tenant railroads.--Each tenant railroad that operates
on a host railroad's positive train control-governed main line
and is not currently subject to an exception under section
236.1006(b) of title 49, Code of Federal Regulations, shall
submit the information described in paragraph (2) to each
applicable host railroad on a continuous basis.
``(5) <<NOTE: Deadline.>> Enforcements.--Any railroad
operating a positive train control system classified under
Federal Railroad Administration Type Approval number FRA-TA-
2010-001 or FRA-TA-2013-003 shall begin submitting the metric
required under paragraph (2)(D) not later than January 31,
2023.''.
SEC. 22415. SPEED LIMIT ACTION PLANS.
(a) Codification of, and Amendment to, Section 11406 of the FAST
Act.--Subchapter II of chapter 201 of subtitle V of title 49, United
States Code, is amended by inserting after section 20168 the following:
``Sec. 20169. <<NOTE: Deadlines. 49 USC 20169.>> Speed limit
action plans
``(a) <<NOTE: Consultation. Surveys.>> In General.--Not later than
March 3, 2016, each railroad carrier providing intercity rail passenger
transportation or commuter rail passenger transportation, in
consultation with any applicable host railroad carrier, shall survey its
entire system and identify each main track location where there is a
reduction of more than 20 miles per hour from the approach speed to a
curve, bridge, or tunnel and the maximum authorized operating speed for
passenger trains at that curve, bridge, or tunnel.
``(b) Action Plans.--Not later than 120 days after the date that the
survey under subsection (a) is complete, a railroad carrier described in
subsection (a) shall submit to the Secretary of Transportation an action
plan that--
``(1) identifies each main track location where there is a
reduction of more than 20 miles per hour from the approach speed
to a curve, bridge, or tunnel and the maximum authorized
operating speed for passenger trains at that curve, bridge, or
tunnel;
``(2) describes appropriate actions to enable warning and
enforcement of the maximum authorized speed for passenger trains
at each location identified under paragraph (1), including--
``(A) modification to automatic train control
systems, if applicable, or other signal systems;
``(B) increased crew size;
``(C) installation of signage alerting train crews
of the maximum authorized speed for passenger trains in
each location identified under paragraph (1);
``(D) installation of alerters;
``(E) increased crew communication; and
``(F) other practices;
``(3) contains milestones and target dates for implementing
each appropriate action described under paragraph (2); and
``(4) <<NOTE: Compliance.>> ensures compliance with the
maximum authorized speed at each location identified under
paragraph (1).
[[Page 135 STAT. 747]]
``(c) Approval.--Not later than 90 days after the date on which an
action plan is submitted under subsection (b) or (d)(2), the Secretary
shall approve, approve with conditions, or disapprove the action plan.
``(d) Periodic Reviews and Updates.--Each railroad carrier that
submits an action plan to the Secretary pursuant to subsection (b)
shall--
``(1) not later than 1 year after the date of enactment of
the Passenger Rail Expansion and Rail Safety Act of 2021, and
annually thereafter, review such plan to ensure the
effectiveness of actions taken to enable warning and enforcement
of the maximum authorized speed for passenger trains at each
location identified pursuant to subsection (b)(1); and
``(2) <<NOTE: Consultation.>> not later than 90 days before
implementing any significant operational or territorial
operating change, including initiating a new service or route,
submit to the Secretary a revised action plan, after
consultation with any applicable host railroad, that addresses
such operational or territorial operating change.
``(e) <<NOTE: Consultation.>> New Service.--If a railroad carrier
providing intercity rail passenger transportation or commuter rail
passenger transportation did not exist on the date of enactment of the
FAST Act (Public Law 114-94; 129 Stat. 1312), such railroad carrier, in
consultation with any applicable host railroad carrier, shall--
``(1) <<NOTE: Surveys.>> survey its routes pursuant to
subsection (a) not later than 90 days after the date of
enactment of the Passenger Rail Expansion and Rail Safety Act of
2021; and
``(2) develop an action plan pursuant to subsection (b) not
later than 120 days after the date on which such survey is
complete.
``(f) Alternative Safety Measures.--The Secretary may exempt from
the requirements under this section each segment of track for which
operations are governed by a positive train control system certified
under section 20157, or any other safety technology or practice that
would achieve an equivalent or greater level of safety in reducing
derailment risk.
``(g) <<NOTE: Compliance.>> Prohibition.--No new intercity or
commuter rail passenger service may begin operation unless the railroad
carrier providing such service is in compliance with the requirements
under this section.
``(h) Savings Clause.--Nothing in this section may be construed to
prohibit the Secretary from applying the requirements under this section
to other segments of track at high risk of overspeed derailment.''.
(b) Clerical Amendment.--The analysis for chapter 201 of subtitle V
of title 49, United States Code, <<NOTE: 49 USC 20101 prec.>> is
amended by adding at the end the following:
``20169. Speed limit action plans.''.
SEC. 22416. NEW PASSENGER SERVICE PRE-REVENUE SAFETY VALIDATION
PLAN.
(a) In General.--Subchapter II of chapter 201 of subtitle V of title
49, United States Code, as amended by section 22415, is further amended
by adding at the end the following:
``Sec. 20170. <<NOTE: 49 USC 20170.>> Pre-revenue service safety
validation plan
``(a) <<NOTE: Time period. Deadline.>> Plan Submission.--Any
railroad providing new, regularly scheduled, intercity or commuter rail
passenger transportation, an
[[Page 135 STAT. 748]]
extension of existing service, or a renewal of service that has been
discontinued for more than 180 days shall develop and submit for review
a comprehensive pre-revenue service safety validation plan to the
Secretary of Transportation not later than 60 days before initiating
such revenue service. Such plan shall include pertinent safety
milestones and a minimum period of simulated revenue service to ensure
operational readiness and that all safety sensitive personnel are
properly trained and qualified.
``(b) <<NOTE: Notification.>> Compliance.--After submitting a plan
pursuant to subsection (a), the railroad shall adopt and comply with
such plan and may not amend the plan without first notifying the
Secretary of the proposed amendment. Revenue service may not begin until
the railroad has completed the requirements of its plan, including the
minimum simulated service period required by the plan.
``(c) Rulemaking.--The Secretary shall promulgate regulations to
carry out this section, including--
``(1) <<NOTE: Requirement.>> requiring that any identified
safety deficiencies be addressed and corrected before the
initiation of revenue service; and
``(2) establishing appropriate deadlines to enable the
Secretary to review and approve the pre-revenue service safety
validation plan to ensure that service is not unduly delayed.''.
(b) Clerical Amendment.--The analysis for chapter 201 of title 49,
United States Code, as amended by section 22415(b), <<NOTE: 49 USC 20101
prec.>> is further amended by adding at the end the following:
``20170. Pre-revenue service safety validation plan.''.
SEC. 22417. FEDERAL RAILROAD ADMINISTRATION ACCIDENT AND INCIDENT
INVESTIGATIONS.
Section 20902 of title 49, United States Code, is amended--
(1) in subsection (b) by striking ``subpena'' and inserting
``subpoena''; and
(2) by adding at the end the following:
``(d) Gathering Information and Technical Expertise.--
``(1) <<NOTE: Determination.>> In general.--The Secretary
shall create a standard process for investigators to use during
accident and incident investigations conducted under this
section for determining when it is appropriate and the
appropriate method for--
``(A) gathering information about an accident or
incident under investigation from railroad carriers,
contractors or employees of railroad carriers or
representatives of employees of railroad carriers, and
others, as determined relevant by the Secretary; and
``(B) <<NOTE: Consultation.>> consulting with
railroad carriers, contractors or employees of railroad
carriers or representatives of employees of railroad
carriers, and others, as determined relevant by the
Secretary, for technical expertise on the facts of the
accident or incident under investigation.
``(2) Confidentiality.--In developing the process required
under paragraph (1), the Secretary shall factor in ways to
maintain the confidentiality of any entity identified under
paragraph (1) if--
``(A) such entity requests confidentiality;
``(B) such entity was not involved in the accident
or incident; and
[[Page 135 STAT. 749]]
``(C) maintaining such entity's confidentiality does
not adversely affect an investigation of the Federal
Railroad Administration.
``(3) Applicability.--This subsection shall not apply to any
investigation carried out by the National Transportation Safety
Board.''.
SEC. 22418. CIVIL PENALTY ENFORCEMENT AUTHORITY.
Section 21301(a) of title 49, United States Code, is amended by
striking paragraph (3) and inserting the following:
``(3) <<NOTE: Notices. Hearings.>> The Secretary may find that a
person has violated this chapter or a regulation prescribed or order,
special permit, or approval issued under this chapter only after notice
and an opportunity for a hearing. The Secretary shall impose a penalty
under this section by giving the person written notice of the amount of
the penalty. The Secretary may compromise the amount of a civil penalty
by settlement agreement without issuance of an order.
<<NOTE: Determination.>> In determining the amount of a compromise, the
Secretary shall consider--
``(A) the nature, circumstances, extent, and gravity of the
violation;
``(B) with respect to the violator, the degree of
culpability, any history of violations, the ability to pay, and
any effect on the ability to continue to do business; and
``(C) other matters that justice requires.
``(4) The Attorney General may bring a civil action in an
appropriate district court of the United States to collect a civil
penalty imposed or compromise under this section and any accrued
interest on the civil penalty. In the civil action, the amount and
appropriateness of the civil penalty shall not be subject to review.''.
SEC. 22419. ADVANCING SAFETY AND INNOVATIVE TECHNOLOGY.
(a) In General.--Section 26103 of title 49, United States Code, is
amended to read as follows:
``Sec. 26103. Safety regulations and evaluation
``The Secretary--
``(1) shall promulgate such safety regulations as may be
necessary for high-speed rail services;
``(2) <<NOTE: Consultation.>> shall, before promulgating
such regulations, consult with developers of new high-speed rail
technologies to develop a method for evaluating safety
performance; and
``(3) may solicit feedback from relevant safety experts or
representatives of rail employees who perform work on similar
technology or who may be expected to perform work on new
technology, as appropriate.''.
(b) Clerical Amendment.--The analysis for chapter 261 of title 49,
United States Code, <<NOTE: 49 USC 26101 prec.>> is amended by striking
the item relating to section 26103 and inserting the following:
``26103. Safety regulations and evaluation.''.
SEC. 22420. <<NOTE: 49 USC 20133 note.>> PASSENGER RAIL VEHICLE
OCCUPANT PROTECTION SYSTEMS.
(a) Study.--The Administrator of the Federal Railroad Administration
shall conduct a study of the potential installation and use in new
passenger rail rolling stock of passenger rail vehicle occupant
protection systems that could materially improve passenger safety.
[[Page 135 STAT. 750]]
(b) <<NOTE: Cost estimates.>> Considerations.--In conducting the
study under subsection (a), the Administrator shall consider minimizing
the risk of secondary collisions, including estimating the costs and
benefits of the new requirements, through the use of--
(1) occupant restraint systems;
(2) air bags;
(3) emergency window retention systems; and
(4) interior designs, including seats, baggage restraints,
and table configurations and attachments.
(c) Report.--Not later than 2 years after the date of enactment of
this Act, the Administrator shall--
(1) <<NOTE: Summaries.>> submit a report summarizing the
findings of the study conducted pursuant to subsection (a) to
the Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure of
the House of Representatives; and
(2) <<NOTE: Web posting.>> publish such report on the
website of the Federal Railroad Administration.
(d) <<NOTE: Standards.>> Rulemaking.--Following the completion of
the study required under subsection (a), and after considering the costs
and benefits of the proposed protection systems, the Administrator may
promulgate a rule that establishes standards for the use of occupant
protection systems in new passenger rail rolling stock.
SEC. 22421. FEDERAL RAILROAD ADMINISTRATION REPORTING
REQUIREMENTS.
(a) <<NOTE: Consultations. Determinations. 49 USC 20101 note.>>
Elimination of Duplicative or Unnecessary Reporting or Paperwork
Requirements in the Federal Railroad Administration.--
(1) Review.--The Administrator of the Federal Railroad
Administration (referred to in this subsection as the ``FRA
Administrator''), in consultation with the Administrator of the
Federal Transit Administration, shall conduct a review of
existing reporting and paperwork requirements in the Federal
Railroad Administration to determine if any such requirements
are duplicative or unnecessary.
(2) Elimination of certain requirements.--If the FRA
Administrator determines, as a result of the review conducted
pursuant to paragraph (1), that any reporting or paperwork
requirement that is not statutorily required is duplicative or
unnecessary, the FRA Administrator, after consultation with the
Administrator of the Federal Transit Administration, shall
terminate such requirement.
(3) Report.--Not later than 1 year after the date of
enactment of this Act, the FRA Administrator shall submit a
report to the Committee on Commerce, Science, and Transportation
of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives that--
(A) identifies all of the reporting or paperwork
requirements that were terminated pursuant to paragraph
(2); and
(B) identifies any statutory reporting or paperwork
requirements that are duplicative or unnecessary and
should be repealed.
(b) <<NOTE: Time period. Update. 49 USC 20901 note.>> Safety
Reporting.--Not later than 1 year after the date of enactment of this
Act, and annually thereafter for the following 4 years, the Secretary
shall update Special Study Block 49 on
[[Page 135 STAT. 751]]
Form FRA F 6180.54 (Rail Equipment Accident/Incident Report) to collect,
with respect to trains involved in accidents required to be reported to
the Federal Railroad Administration--
(1) the number of cars and length of the involved trains;
and
(2) the number of crew members who were aboard a controlling
locomotive involved in an accident at the time of such accident.
SEC. 22422. NATIONAL ACADEMIES STUDY ON TRAINS LONGER THAN 7,500
FEET.
(a) <<NOTE: Contracts.>> Study.--The Secretary shall seek to enter
into an agreement with the National Academies to conduct a study on the
operation of freight trains that are longer than 7,500 feet.
(b) Elements.--The study conducted pursuant to subsection (a)
shall--
(1) <<NOTE: Examination.>> examine any potential impacts to
safety from the operation of freight trains that are longer than
7,500 feet and the mitigation of any identified risks,
including--
(A) any potential changes in the risk of loss of
communications between the end of train device and the
locomotive cab, including communications over differing
terrains and conditions;
(B) any potential changes in the risk of loss of
radio communications between crew members when a crew
member alights from the train, including communications
over differing terrains and conditions;
(C) any potential changes in the risk of
derailments, including any risks associated with in-
train compressive forces and slack action or other
safety risks in the operations of such trains in
differing terrains and conditions;
(D) any potential impacts associated with the
deployment of multiple distributed power units in the
consists of such trains; and
(E) any potential impacts on braking and locomotive
performance and track wear and tear;
(2) <<NOTE: Evaluation.>> evaluate any impacts on
scheduling and efficiency of passenger operations and in the
shipping of goods by freight as a result of longer trains;
(3) <<NOTE: Determination.>> determine whether additional
engineer and conductor training is required for safely operating
such trains;
(4) <<NOTE: Assessment.>> assess the potential impact on
the amount of time and frequency of occurrence highway-rail
grade crossings are occupied; and
(5) identify any potential environmental impacts, including
greenhouse gas emissions, that have resulted from the operation
of longer trains.
(c) Comparison.--When evaluating the potential impacts of the
operation of trains longer than 7,500 feet under subsection (b), the
impacts of such trains shall be compared to the impacts of trains that
are shorter than 7,500 feet, after taking into account train frequency.
(d) Report.--Not later than 2 years after the date of enactment of
this Act, the Secretary shall submit a report to the Committee on
Commerce, Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
[[Page 135 STAT. 752]]
Representatives that contains the results of the study conducted by the
National Academies under this section.
(e) Funding.--From the amounts appropriated for fiscal year 2021
pursuant to the authorization under section 20117(a) of title 49, United
States Code, the Secretary shall expend not less than $1,000,000 and not
more than $2,000,000 to carry out the study required under this section.
SEC. 22423. HIGH-SPEED TRAIN NOISE EMISSIONS.
(a) In General.--Section 17 of the Noise Control Act of 1972 (42
U.S.C. 4916) is amended--
(1) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively; and
(2) by inserting after subsection (b) the following:
``(c) High-speed Train Noise Emissions.--
``(1) <<NOTE: Consultation. Regulations.>> In general.--The
Secretary of Transportation, in consultation with the
Administrator, may prescribe regulations governing railroad-
related noise emission standards for trains operating on the
general railroad system of transportation at speeds exceeding
160 miles per hour, including noise related to magnetic
levitation systems and other new technologies not traditionally
associated with railroads.
``(2) Factors in rulemaking.--The regulations prescribed
pursuant to paragraph (1) may--
``(A) consider variances in maximum pass-by noise
with respect to the speed of the equipment;
``(B) account for current engineering best
practices; and
``(C) encourage the use of noise mitigation
techniques to the extent reasonable if the benefits
exceed the costs.
``(3) Conventional-speed trains.--Railroad-related noise
regulations prescribed under subsection (a) shall continue to
govern noise emissions from the operation of trains, including
locomotives and rail cars, when operating at speeds not
exceeding 160 miles per hour.''.
(b) Technical Amendment.--The second sentence of section 17(b) of
the Noise Control Act of 1972 (42 U.S.C. 4916(b)) is amended by striking
``the Safety Appliance Acts, the Interstate Commerce Act, and the
Department of Transportation Act'' and inserting ``subtitle V of title
49, United States Code''.
SEC. 22424. <<NOTE: 49 USC 20109 note.>> CRITICAL INCIDENT STRESS
PLANS.
The Secretary shall amend part 272 of title 49, Code of Federal
Regulations, to the extent necessary to ensure that--
(1) the coverage of a critical incident stress plan under
section 272.7 of such part includes employees of commuter
railroads and intercity passenger railroads (as such terms are
defined in section 272.9 of such part), including employees who
directly interact with passengers; and
(2) an assault against an employee requiring medical
attention is included in the definition of critical incident
under section 272.9 of such part.
SEC. 22425. REQUIREMENTS FOR RAILROAD FREIGHT CARS PLACED INTO
SERVICE IN THE UNITED STATES.
(a) In General.--Subchapter II of chapter 201 of subtitle V of title
49, United States Code (as amended by section 22416(a)), is amended by
adding at the end the following:
[[Page 135 STAT. 753]]
``Sec. 20171. <<NOTE: 49 USC 20171.>> Requirements for railroad
freight cars placed into service in the United
States
``(a) Definitions.--In this section:
``(1) Component.--The term `component' means a part or
subassembly of a railroad freight car.
``(2) Control.--The term `control' means the power, whether
direct or indirect and whether or not exercised, through the
ownership of a majority or a dominant minority of the total
outstanding voting interest in an entity, representation on the
board of directors of an entity, proxy voting on the board of
directors of an entity, a special share in the entity, a
contractual arrangement with the entity, a formal or informal
arrangement to act in concert with an entity, or any other
means, to determine, direct, make decisions, or cause decisions
to be made for the entity.
``(3) Cost of sensitive technology.--The term `cost of
sensitive technology' means the aggregate cost of the sensitive
technology located on a railroad freight car.
``(4) Country of concern.--The term `country of concern'
means a country that--
``(A) is identified by the Department of Commerce as
a nonmarket economy country (as defined in section
771(18) of the Tariff Act of 1930 (19 U.S.C. 1677(18)))
as of the date of enactment of the Passenger Rail
Expansion and Rail Safety Act of 2021;
``(B) was identified by the United States Trade
Representative in the most recent report required by
section 182 of the Trade Act of 1974 (19 U.S.C. 2242) as
a foreign country included on the priority watch list
(as defined in subsection (g)(3) of such section); and
``(C) is subject to monitoring by the Trade
Representative under section 306 of the Trade Act of
1974 (19 U.S.C. 2416).
``(5) Net cost.--The term `net cost' has the meaning given
such term in chapter 4 of the USMCA or any subsequent free trade
agreement between the United States, Mexico, and Canada.
``(6) Qualified facility.--The term `qualified facility'
means a facility that is not owned or under the control of a
state-owned enterprise.
``(7) Qualified manufacturer.--The term `qualified
manufacturer' means a railroad freight car manufacturer that is
not owned or under the control of a state-owned enterprise.
``(8) Railroad freight car.--The term `railroad freight car'
means a car designed to carry freight or railroad personnel by
rail, including--
``(A) a box car;
``(B) a refrigerator car;
``(C) a ventilator car;
``(D) an intermodal well car;
``(E) a gondola car;
``(F) a hopper car;
``(G) an auto rack car;
``(H) a flat car;
``(I) a special car;
``(J) a caboose car;
``(K) a tank car; and
[[Page 135 STAT. 754]]
``(L) a yard car.
``(9) Sensitive technology.--The term `sensitive technology'
means any device embedded with electronics, software, sensors,
or other connectivity, that enables the device to connect to,
collect data from, or exchange data with another device,
including--
``(A) onboard telematics;
``(B) remote monitoring software;
``(C) firmware;
``(D) analytics;
``(E) global positioning system satellite and
cellular location tracking systems;
``(F) event status sensors;
``(G) predictive component condition and performance
monitoring sensors; and
``(H) similar sensitive technologies embedded into
freight railcar components and sub-assemblies.
``(10) State-owned enterprise.--The term `state-owned
enterprise' means--
``(A) an entity that is owned by, or under the
control of, a national, provincial, or local government
of a country of concern, or an agency of such
government; or
``(B) an individual acting under the direction or
influence of a government or agency described in
subparagraph (A).
``(11) Substantially transformed.--The term `substantially
transformed' means a component of a railroad freight car that
undergoes an applicable change in tariff classification as a
result of the manufacturing process, as described in chapter 4
and related annexes of the USMCA or any subsequent free trade
agreement between the United States, Mexico, and Canada.
``(12) USMCA.--The term `USMCA' has the meaning given the
term in section 3 of the United States-Mexico-Canada Agreement
Implementation Act (19 U.S.C. 4502).
``(b) Requirements for Railroad Freight Cars.--
``(1) <<NOTE: Effective date.>> Limitation on railroad
freight cars.--A railroad freight car wholly manufactured on or
after the date that is 1 year after the date of issuance of the
regulations required under subsection (c)(1) may only operate on
the United States general railroad system of transportation if--
``(A) the railroad freight car is manufactured,
assembled, and substantially transformed, as applicable,
by a qualified manufacturer in a qualified facility;
``(B) none of the sensitive technology located on
the railroad freight car, including components necessary
to the functionality of the sensitive technology,
originates from a country of concern or is sourced from
a state-owned enterprise; and
``(C) none of the content of the railroad freight
car, excluding sensitive technology, originates from a
country of concern or is sourced from a state-owned
enterprise that has been determined by a recognized
court or administrative agency of competent jurisdiction
and legal authority to have violated or infringed valid
United States intellectual property rights of another
including such a finding
[[Page 135 STAT. 755]]
by a Federal district court under title 35 or the U.S.
International Trade Commission under section 337 of the
Tariff Act of 1930 (19 U.S.C. 1337).
``(2) Limitation on railroad freight car content.--
``(A) Percentage limitation.--
``(i) <<NOTE: Deadline.>> Initial
limitation.--Not later than 1 year after the date
of issuance of the regulations required under
subsection (c)(1), a railroad freight car
described in paragraph (1) may operate on the
United States general railroad system of
transportation only if not more than 20 percent of
the content of the railroad freight car,
calculated by the net cost of all components of
the car and excluding the cost of sensitive
technology, originates from a country of concern
or is sourced from a state-owned enterprise.
``(ii) <<NOTE: Effective date.>> Subsequent
limitation.--Effective beginning on the date that
is 3 years after the date of issuance of the
regulations required under subsection (c)(1), a
railroad freight car described in paragraph (1)
may operate on the United States general railroad
system of transportation only if not more than 15
percent of the content of the railroad freight
car, calculated by the net cost of all components
of the car and excluding the cost of sensitive
technology, originates from a country of concern
or is sourced from a state-owned enterprise.
``(B) <<NOTE: Applicability.>> Conflict.--The
percentages specified in clauses (i) and (ii) of
subparagraph (A), as applicable, shall apply
notwithstanding any apparent conflict with provisions of
chapter 4 of the USMCA.
``(c) Regulations and Penalties.--
``(1) <<NOTE: Deadline.>> Regulations required.--Not later
than 2 years after the date of enactment of the Passenger Rail
Expansion and Rail Safety Act of 2021, the Secretary of
Transportation shall issue such regulations as are necessary to
carry out this section, including for the monitoring and
sensitive technology requirements of this section.
``(2) Certification required.--To be eligible to provide a
railroad freight car for operation on the United States general
railroad system of transportation, the manufacturer of such car
shall annually certify to the Secretary of Transportation that
any railroad freight cars to be so provided meet the
requirements under this section.
``(3) Compliance.--
``(A) Valid certification required.--At the time a
railroad freight car begins operation on the United
States general railroad system of transportation, the
manufacturer of such railroad freight car shall have
valid certification described in paragraph (2) for the
year in which such car begins operation.
``(B) Registration of noncompliant cars
prohibited.--A railroad freight car manufacturer may not
register, or cause to be registered, a railroad freight
car that does not comply with the requirements under
this section in the Association of American Railroad's
Umler system.
``(4) Civil penalties.--
[[Page 135 STAT. 756]]
``(A) In general.--Pursuant to section 21301, the
Secretary of Transportation may assess a civil penalty
of not less than $100,000, but not more than $250,000,
for each violation of this section for each railroad
freight car.
``(B) <<NOTE: Determination.>> Prohibition on
operation for violations.--The Secretary of
Transportation may prohibit a railroad freight car
manufacturer with respect to which the Secretary has
assessed more than 3 violations under subparagraph (A)
from providing additional railroad freight cars for
operation on the United States general railroad system
of transportation until the Secretary determines--
``(i) such manufacturer is in compliance with
this section; and
``(ii) all civil penalties assessed to such
manufacturer pursuant to subparagraph (A) have
been paid in full.''.
(b) Clerical Amendment.--The analysis for chapter 201 of subtitle V
of title 49, United States Code (as amended by section
22416(b)), <<NOTE: 49 USC 20101 prec.>> is amended by adding at the end
the following:
``20171. Requirements for railroad freight cars placed into service in
the United States.''.
SEC. 22426. <<NOTE: 49 USC 20103 note.>> RAILROAD POINT OF
CONTACT FOR PUBLIC SAFETY ISSUES.
All railroads shall--
(1) provide railroad contact information for public safety
issues, including a telephone number, to the relevant Federal,
State, and local oversight agencies; and
(2) <<NOTE: Public information. Web posting.>> post the
information described in paragraph (1) on a publicly accessible
website.
SEC. 22427. <<NOTE: Deadline. 49 USC 20140 note.>> CONTROLLED
SUBSTANCES TESTING FOR MECHANICAL
EMPLOYEES.
Not later than 180 days after the date of enactment of this Act, the
Secretary shall amend the regulations under part 219 of title 49, Code
of Federal Regulations, to require all mechanical employees of railroads
to be subject to all of the breath or body fluid testing set forth in
subpart C, D, and E of such part, including random testing, reasonable
suspicion testing, reasonable cause testing, pre-employment testing,
return-to-duty testing, and follow-up testing.
TITLE III--MOTOR CARRIER SAFETY
SEC. 23001. <<NOTE: Time periods.>> AUTHORIZATION OF
APPROPRIATIONS.
(a) Administrative Expenses.--Section 31110 of title 49, United
States Code, is amended by striking subsection (a) and inserting the
following:
``(a) Administrative Expenses.--There are authorized to be
appropriated from the Highway Trust Fund (other than the Mass Transit
Account) for the Secretary of Transportation to pay administrative
expenses of the Federal Motor Carrier Safety Administration--
``(1) $360,000,000 for fiscal year 2022;
``(2) $367,500,000 for fiscal year 2023;
``(3) $375,000,000 for fiscal year 2024;
``(4) $382,500,000 for fiscal year 2025; and
[[Page 135 STAT. 757]]
``(5) $390,000,000 for fiscal year 2026.''.
(b) Financial Assistance Programs.--Section 31104 of title 49,
United States Code, is amended--
(1) by striking subsection (a) and inserting the following:
``(a) Financial Assistance Programs.--There are authorized to be
appropriated from the Highway Trust Fund (other than the Mass Transit
Account)--
``(1) subject to subsection (c), to carry out the motor
carrier safety assistance program under section 31102 (other
than the high priority program under subsection (l) of that
section)--
``(A) $390,500,000 for fiscal year 2022;
``(B) $398,500,000 for fiscal year 2023;
``(C) $406,500,000 for fiscal year 2024;
``(D) $414,500,000 for fiscal year 2025; and
``(E) $422,500,000 for fiscal year 2026;
``(2) subject to subsection (c), to carry out the high
priority program under section 31102(l) (other than the
commercial motor vehicle enforcement training and support grant
program under paragraph (5) of that section)--
``(A) $57,600,000 for fiscal year 2022;
``(B) $58,800,000 for fiscal year 2023;
``(C) $60,000,000 for fiscal year 2024;
``(D) $61,200,000 for fiscal year 2025; and
``(E) $62,400,000 for fiscal year 2026;
``(3) to carry out the commercial motor vehicle enforcement
training and support grant program under section 31102(l)(5),
$5,000,000 for each of fiscal years 2022 through 2026;
``(4) to carry out the commercial motor vehicle operators
grant program under section 31103--
``(A) $1,100,000 for fiscal year 2022;
``(B) $1,200,000 for fiscal year 2023;
``(C) $1,300,000 for fiscal year 2024;
``(D) $1,400,000 for fiscal year 2025; and
``(E) $1,500,000 for fiscal year 2026; and
``(5) subject to subsection (c), to carry out the financial
assistance program for commercial driver's license
implementation under section 31313--
``(A) $41,800,000 for fiscal year 2022;
``(B) $42,650,000 for fiscal year 2023;
``(C) $43,500,000 for fiscal year 2024;
``(D) $44,350,000 for fiscal year 2025; and
``(E) $45,200,000 for fiscal year 2026.'';
(2) in subsection (b)(2)--
(A) in the third sentence, by striking ``The
Secretary'' and inserting the following:
``(C) In-kind contributions.--The Secretary'';
(B) in the second sentence, by striking ``The
Secretary'' and inserting the following:
``(B) Limitation.--The Secretary'';
(C) in the first sentence--
(i) by inserting ``(except subsection (l)(5)
of that section)'' after ``section 31102''; and
(ii) by striking ``The Secretary'' and
inserting the following:
``(A) Reimbursement percentage.--
``(i) In general.--The Secretary''; and
[[Page 135 STAT. 758]]
(D) in subparagraph (A) (as so designated), by
adding at the end the following:
``(ii) <<NOTE: Reimbursement.>> Commercial
motor vehicle enforcement training and support
grant program.--The Secretary shall reimburse a
recipient, in accordance with a financial
assistance agreement made under section
31102(l)(5), an amount that is equal to 100
percent of the costs incurred by the recipient in
a fiscal year in developing and implementing a
training program under that section.'';
(3) in subsection (c)--
(A) in the subsection heading, by striking ``Partner
Training and'';
(B) in the first sentence--
(i) by striking ``(4)'' and inserting ``(5)'';
and
(ii) by striking ``partner training and''; and
(C) by striking the second sentence; and
(4) in subsection (f)--
(A) in paragraph (1), by striking ``for the next
fiscal year'' and inserting ``for the next 2 fiscal
years'';
(B) in paragraph (4), by striking ``for the next
fiscal year'' and inserting ``for the next 2 fiscal
years'';
(C) by redesignating paragraphs (4) and (5) as
paragraphs (5) and (6), respectively; and
(D) by inserting after paragraph (3) the following:
``(4) For grants made for carrying out section 31102(l)(5),
for the fiscal year in which the Secretary approves the
financial assistance agreement and for the next 4 fiscal
years.''; and
(5) in subsection (i)--
(A) by striking ``Amounts not expended'' and
inserting the following:
``(1) In general.--Except as provided in paragraph (2),
amounts not expended''; and
(B) by adding at the end the following:
``(2) Motor carrier safety assistance program.--Amounts made
available for the motor carrier safety assistance program
established under section 31102 (other than amounts made
available to carry out section 31102(l)) that are not expended
by a recipient during the period of availability shall be
released back to the Secretary for reallocation under that
program.''.
(c) Enforcement Data Updates.--Section 31102(h)(2)(A) of title 49,
United States Code, is amended by striking ``2004 and 2005'' and
inserting ``2014 and 2015''.
SEC. 23002. MOTOR CARRIER SAFETY ADVISORY COMMITTEE.
Section 4144 of the SAFETEA-LU (49 U.S.C. 31100 note; Public Law
109-59) is amended--
(1) in subsection (b)(1), in the second sentence, by
inserting ``, including small business motor carriers'' after
``industry''; and
(2) in subsection (d), by striking ``September 30, 2013''
and inserting ``September 30, 2025''.
SEC. 23003. COMBATING HUMAN TRAFFICKING.
Section 31102(l) of title 49, United States Code, is amended--
(1) in paragraph (2)--
[[Page 135 STAT. 759]]
(A) in subparagraph (G)(ii), by striking ``and'' at
the end;
(B) by redesignating subparagraph (H) as
subparagraph (J); and
(C) by inserting after subparagraph (G) the
following:
``(H) support, through the use of funds otherwise
available for such purposes--
``(i) the recognition, prevention, and
reporting of human trafficking, including the
trafficking of human beings--
``(I) in a commercial motor vehicle;
or
``(II) by any occupant, including
the operator, of a commercial motor
vehicle;
``(ii) the detection of criminal activity or
any other violation of law relating to human
trafficking; and
``(iii) enforcement of laws relating to human
trafficking;
``(I) otherwise support the recognition, prevention,
and reporting of human trafficking; and''; and
(2) in paragraph (3)(D)--
(A) in clause (ii), by striking ``and'' at the end;
(B) in clause (iii), by striking the period at the
end and inserting a semicolon; and
(C) by adding at the end the following:
``(iv) for the detection of, and enforcement
actions taken as a result of, criminal activity
(including the trafficking of human beings)--
``(I) in a commercial motor vehicle;
or
``(II) by any occupant, including
the operator, of a commercial motor
vehicle; and
``(v) in addition to any funds otherwise made
available for the recognition, prevention, and
reporting of human trafficking, to support the
recognition, prevention, and reporting of human
trafficking.''.
SEC. 23004. IMMOBILIZATION GRANT PROGRAM.
Section 31102(l) of title 49, United States Code, is amended by
adding at the end the following:
``(4) Immobilization grant program.--
``(A) Definition of passenger-carrying commercial
motor vehicle.--In this paragraph, the term `passenger-
carrying commercial motor vehicle' has the meaning given
the term `commercial motor vehicle' in section 31301.
``(B) Establishment.--The Secretary shall establish
an immobilization grant program under which the
Secretary shall provide to States discretionary grants
for the immobilization or impoundment of passenger-
carrying commercial motor vehicles that--
``(i) <<NOTE: Determination.>> are determined
to be unsafe; or
``(ii) fail inspection.
``(C) <<NOTE: Consultation. Determination.>> List
of criteria for immobilization.--The Secretary, in
consultation with State commercial motor vehicle
entities, shall develop a list of commercial motor
vehicle safety violations and defects that the Secretary
determines warrant the immediate immobilization of a
passenger-carrying commercial motor vehicle.
[[Page 135 STAT. 760]]
``(D) Eligibility.--A State shall be eligible to
receive a grant under this paragraph only if the State
has the authority to require the immobilization or
impoundment of a passenger-carrying commercial motor
vehicle--
``(i) with respect to which a motor vehicle
safety violation included in the list developed
under subparagraph (C) is determined to exist; or
``(ii) that is determined to have a defect
included in that list.
``(E) Use of funds.--A grant provided under this
paragraph may be used for--
``(i) the immobilization or impoundment of
passenger-carrying commercial motor vehicles
described in subparagraph (D);
``(ii) safety inspections of those passenger-
carrying commercial motor vehicles; and
``(iii) any other activity relating to an
activity described in clause (i) or (ii), as
determined by the Secretary.
``(F) Secretary authorization.--The Secretary may
provide to a State amounts for the costs associated with
carrying out an immobilization program using funds made
available under section 31104(a)(2).''.
SEC. 23005. COMMERCIAL MOTOR VEHICLE ENFORCEMENT TRAINING AND
SUPPORT.
Section 31102(l) of title 49, United States Code (as amended by
section 23004), is amended--
(1) in paragraph (1), by striking ``(2) and (3)'' and
inserting ``(2) through (5)''; and
(2) by adding at the end the following:
``(5) Commercial motor vehicle enforcement training and
support grant program.--
``(A) In general.--The Secretary shall administer a
commercial motor vehicle enforcement training and
support grant program funded under section 31104(a)(3),
under which the Secretary shall make discretionary
grants to eligible entities described in subparagraph
(C) for the purposes described in subparagraph (B).
``(B) Purposes.--The purposes of the grant program
under subparagraph (A) are--
``(i) to train non-Federal employees who
conduct commercial motor vehicle enforcement
activities; and
``(ii) to develop related training materials.
``(C) Eligible entities.--An entity eligible for a
discretionary grant under the program described in
subparagraph (A) is a nonprofit organization that has--
``(i) expertise in conducting a training
program for non-Federal employees; and
``(ii) the ability to reach and involve in a
training program a target population of commercial
motor vehicle safety enforcement employees.''.
SEC. 23006. STUDY OF COMMERCIAL MOTOR VEHICLE CRASH CAUSATION.
(a) Definitions.--In this section:
[[Page 135 STAT. 761]]
(1) Commercial motor vehicle.--The term ``commercial motor
vehicle'' has the meaning given the term in section 31132 of
title 49, United States Code.
(2) Study.--The term ``study'' means the study carried out
under subsection (b).
(b) Study.--The Secretary shall carry out a comprehensive study--
(1) <<NOTE: Determination.>> to determine the causes of,
and contributing factors to, crashes that involve a commercial
motor vehicle; and
(2) <<NOTE: Data.>> to identify data requirements, data
collection procedures, reports, and any other measures that can
be used to improve the ability of States and the Secretary--
(A) <<NOTE: Evaluation.>> to evaluate future
crashes involving commercial motor vehicles;
(B) to monitor crash trends and identify causes and
contributing factors; and
(C) to develop effective safety improvement policies
and programs.
(c) Design.--The study shall be designed to yield information that
can be used to help policy makers, regulators, and law enforcement
identify activities and other measures that are likely to lead to
reductions in--
(1) the frequency of crashes involving a commercial motor
vehicle;
(2) the severity of crashes involving a commercial motor
vehicle; and
(3) fatalities and injuries.
(d) Consultation.--In designing and carrying out the study, the
Secretary may consult with individuals or entities with expertise on--
(1) crash causation and prevention;
(2) commercial motor vehicles, commercial drivers, and motor
carriers, including passenger carriers;
(3) highways and noncommercial motor vehicles and drivers;
(4) Federal and State highway and motor carrier safety
programs;
(5) research methods and statistical analysis; and
(6) other relevant topics, as determined by the Secretary.
(e) Public Comment.--The Secretary shall make available for public
comment information about the objectives, methodology, implementation,
findings, and other aspects of the study.
(f) <<NOTE: Recommenda- tions.>> Reports.--As soon as practicable
after the date on which the study is completed, the Secretary shall
submit to Congress a report describing the results of the study and any
legislative recommendations to facilitate reductions in the matters
described in paragraphs (1) through (3) of subsection (c).
SEC. 23007. PROMOTING WOMEN IN THE TRUCKING WORKFORCE.
(a) Findings.--Congress finds that--
(1) women make up 47 percent of the workforce of the United
States;
(2) women are significantly underrepresented in the trucking
industry, holding only 24 percent of all transportation and
warehousing jobs and representing only--
(A) 6.6 percent of truck drivers;
[[Page 135 STAT. 762]]
(B) 12.5 percent of all workers in truck
transportation; and
(C) 8 percent of freight firm owners;
(3) given the total number of women truck drivers, women are
underrepresented in the truck-driving workforce; and
(4) women truck drivers have been shown to be 20 percent
less likely than male counterparts to be involved in a crash.
(b) Sense of Congress Regarding Women in Trucking.--It is the sense
of Congress that the trucking industry should explore every opportunity
to encourage and support the pursuit and retention of careers in
trucking by women, including through programs that support recruitment,
driver training, and mentorship.
(c) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Federal Motor Carrier Safety
Administration.
(2) Board.--The term ``Board'' means the Women of Trucking
Advisory Board established under subsection (d)(1).
(3) Large trucking company.--The term ``large trucking
company'' means a motor carrier (as defined in section 13102 of
title 49, United States Code) with more than 100 power units.
(4) Mid-sized trucking company.--The term ``mid-sized
trucking company'' means a motor carrier (as defined in section
13102 of title 49, United States Code) with not fewer than 11
power units and not more than 100 power units.
(5) Power unit.--The term ``power unit'' means a self-
propelled vehicle under the jurisdiction of the Federal Motor
Carrier Safety Administration.
(6) Small trucking company.--The term ``small trucking
company'' means a motor carrier (as defined in section 13102 of
title 49, United States Code) with not fewer than 1 power unit
and not more than 10 power units.
(d) Women of Trucking Advisory Board.--
(1) Establishment.--To encourage women to enter the field of
trucking, the Administrator shall establish and facilitate an
advisory board, to be known as the ``Women of Trucking Advisory
Board'', to review and report on policies that--
(A) provide education, training, mentorship, or
outreach to women in the trucking industry; and
(B) recruit, retain, or advance women in the
trucking industry.
(2) Membership.--
(A) In general.--The Board shall be composed of not
fewer than 8 members whose backgrounds, experience, and
certifications allow those members to contribute
balanced points of view and diverse ideas regarding the
matters described in paragraph (3)(B).
(B) Appointment.--
(i) <<NOTE: Deadline.>> In general.--Not
later than 270 days after the date of enactment of
this Act, the Administrator shall appoint the
members of the Board, of whom--
(I) not fewer than 1 shall be a
representative of large trucking
companies;
(II) not fewer than 1 shall be a
representative of mid-sized trucking
companies;
[[Page 135 STAT. 763]]
(III) not fewer than 1 shall be a
representative of small trucking
companies;
(IV) not fewer than 1 shall be a
representative of nonprofit
organizations in the trucking industry;
(V) not fewer than 1 shall be a
representative of trucking business
associations;
(VI) not fewer than 1 shall be a
representative of independent owner-
operators;
(VII) not fewer than 1 shall be a
woman who is a professional truck
driver; and
(VIII) not fewer than 1 shall be a
representative of an institution of
higher education or trucking trade
school.
(ii) Diversity.--A member of the Board
appointed under any of subclauses (I) through
(VIII) of clause (i) may not be appointed under
any other subclause of that clause.
(C) Terms.--Each member shall be appointed for the
life of the Board.
(D) Compensation.--A member of the Board shall serve
without compensation.
(3) Duties.--
(A) In general.--The Board shall identify--
(i) barriers and industry trends that directly
or indirectly discourage women from pursuing and
retaining careers in trucking, including--
(I) any particular barriers and
trends that impact women minority
groups;
(II) any particular barriers and
trends that impact women who live in
rural, suburban, or urban areas; and
(III) any safety risks unique to
women in the trucking industry;
(ii) ways in which the functions of trucking
companies, nonprofit organizations, training and
education providers, and trucking associations may
be coordinated to facilitate support for women
pursuing careers in trucking;
(iii) opportunities to expand existing
opportunities for women in the trucking industry;
and
(iv) opportunities to enhance trucking
training, mentorship, education, and advancement
and outreach programs that would increase the
number of women in the trucking industry.
(B) <<NOTE: Recommenda- tions.>> Report.--Not later
than 2 years after the date of enactment of this Act,
the Board shall submit to the Administrator a report
containing the findings and recommendations of the
Board, including recommendations that companies,
associations, institutions, other organizations, or the
Administrator may adopt--
(i) to address any industry trends identified
under subparagraph (A)(i);
(ii) <<NOTE: Coordination.>> to coordinate
the functions of trucking companies, nonprofit
organizations, and trucking associations in a
manner that facilitates support for women pursuing
careers in trucking;
[[Page 135 STAT. 764]]
(iii)(I) to take advantage of any
opportunities identified under subparagraph
(A)(iii); and
(II) to create new opportunities to expand
existing scholarship opportunities for women in
the trucking industry; and
(iv) to enhance trucking training, mentorship,
education, and outreach programs that are
exclusive to women.
(4) Report to congress.--
(A) In general.--Not later than 3 years after the
date of enactment of this Act, the Administrator shall
submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report describing--
(i) the findings and recommendations of the
Board under paragraph (3)(B); and
(ii) any actions taken by the Administrator to
adopt the recommendations of the Board (or an
explanation of the reasons for not adopting the
recommendations).
(B) Public availability.--The Administrator shall
make the report under subparagraph (A) publicly
available--
(i) <<NOTE: Web posting.>> on the website of
the Federal Motor Carrier Safety Administration;
and
(ii) in appropriate offices of the Federal
Motor Carrier Safety Administration.
(5) Termination.--The Board shall terminate on submission of
the report to Congress under paragraph (4).
SEC. 23008. <<NOTE: 49 USC 31142 note.>> STATE INSPECTION OF
PASSENGER-CARRYING COMMERCIAL MOTOR
VEHICLES.
(a) <<NOTE: Deadline.>> In General.--Not later than 1 year after
the date of enactment of this Act, the Secretary shall solicit
additional comment on the advance notice of proposed rulemaking entitled
``State Inspection Programs for Passenger-Carrier Vehicles'' (81 Fed.
Reg. 24769 (April 27, 2016)).
(b) Final Rule.--
(1) <<NOTE: Determination.>> In general.--After reviewing
all comments received in response to the solicitation under
subsection (a), if the Secretary determines that data and
information exist to support moving forward with a final
rulemaking action, the Secretary shall issue a final rule
relating to the advance notice of proposed rulemaking described
in that subsection.
(2) Considerations.--In determining whether to issue a final
rule under paragraph (1), the Secretary shall consider the
impact of continuing to allow self-inspection as a means to
satisfy periodic inspection requirements on the safety of
passenger carrier operations.
SEC. 23009. TRUCK LEASING TASK FORCE.
(a) <<NOTE: Deadline. Consultation.>> Establishment.--Not later
than 180 days after the date of enactment of this Act, the Secretary, in
consultation with the Secretary of Labor, shall establish a task force,
to be known as the ``Truck Leasing Task Force'' (referred to in this
section as the ``Task Force'').
(b) Membership.--
[[Page 135 STAT. 765]]
(1) In general.--The Secretary shall select not more than 10
individuals to serve as members of the Task Force, including at
least 1 representative from each of the following:
(A) Labor organizations.
(B) Motor carriers that provide lease-purchase
agreements to owner-operators.
(C) Consumer protection groups.
(D) Members of the legal profession who specialize
in consumer finance issues, including experience with
lease-purchase agreements.
(E) Owner-operators in the trucking industry with
experience regarding lease-purchase agreements.
(F) Businesses that provide or are subject to lease-
purchase agreements in the trucking industry.
(2) Compensation.--A member of the Task Force shall serve
without compensation.
(c) Duties.--The Task Force shall examine, at a minimum--
(1) common truck leasing arrangements available to
commercial motor vehicle drivers, including lease-purchase
agreements;
(2) the terms of the leasing agreements described in
paragraph (1);
(3)(A) the existence of inequitable leasing agreements and
terms in the motor carrier industry;
(B) whether any such inequitable terms and agreements affect
the frequency of maintenance performed on vehicles subject to
those agreements; and
(C) whether any such inequitable terms and agreements affect
whether a vehicle is kept in a general state of good repair;
(4) specific agreements available to drayage drivers at
ports relating to the Clean Truck Program or any similar program
to decrease emissions from port operations;
(5) the impact of truck leasing agreements on the net
compensation of commercial motor vehicle drivers, including port
drayage drivers;
(6) whether truck leasing agreements properly incentivize
the safe operation of vehicles, including driver compliance with
the hours of service regulations and laws governing speed and
safety generally;
(7) resources to assist commercial motor vehicle drivers in
assessing the financial impacts of leasing agreements; and
(8)(A) the opportunity that equitable leasing agreements
provide for drivers to start or expand trucking companies; and
(B) the history of motor carriers starting from single
owner-operators.
(d) Report.--On completion of the examination under subsection (c),
the Task Force shall submit to the Secretary, the Secretary of Labor,
and the appropriate committees of Congress a report containing--
(1) the findings of the Task Force with respect to the
matters described in subsection (c);
(2) best practices relating to--
(A) assisting a commercial motor vehicle driver in
assessing the impacts of leasing agreements prior to
entering into such an agreement;
[[Page 135 STAT. 766]]
(B) assisting a commercial motor vehicle driver who
has entered into a predatory lease agreement; and
(C) preventing coercion and impacts on safety as
described in section 31136 of title 49, United States
Code; and
(3) <<NOTE: Recommenda- tions.>> recommendations relating
to changes to laws (including regulations), as applicable, at
the Federal, State, or local level to promote fair leasing
agreements under which a commercial motor vehicle driver,
including a short haul driver, who is a party to such an
agreement is able to earn a rate commensurate with other
commercial motor vehicle drivers performing similar duties.
(e) Termination.--Not later than 30 days after the date on which the
report under subsection (d) is submitted, the Task Force shall
terminate.
SEC. 23010. <<NOTE: 49 USC 31136 note.>> AUTOMATIC EMERGENCY
BRAKING.
(a) Definitions.--In this section:
(1) Automatic emergency braking system.--The term
``automatic emergency braking system'' means a system on a
commercial motor vehicle that, based on a predefined distance
and closing rate with respect to an obstacle in the path of the
commercial motor vehicle--
(A) alerts the driver of the obstacle; and
(B) if necessary to avoid or mitigate a collision
with the obstacle, automatically applies the brakes of
the commercial motor vehicle.
(2) Commercial motor vehicle.--The term ``commercial motor
vehicle'' has the meaning given the term in section 31101 of
title 49, United States Code.
(b) Federal Motor Vehicle Safety Standard.--
(1) <<NOTE: Deadline.>> In general.--Not later than 2 years
after the date of enactment of this Act, the Secretary shall--
(A) prescribe a motor vehicle safety standard under
section 30111 of title 49, United States Code, that
requires any commercial motor vehicle subject to section
571.136 of title 49, Code of Federal Regulations
(relating to Federal Motor Vehicle Safety Standard
Number 136) (or a successor regulation) that is
manufactured after the effective date of the standard
prescribed under this subparagraph to be equipped with
an automatic emergency braking system; and
(B) as part of the standard under subparagraph (A),
establish performance requirements for automatic
emergency braking systems.
(2) Considerations.--Prior to prescribing the motor vehicle
safety standard under paragraph (1)(A), the Secretary shall--
(A) <<NOTE: Review.>> conduct a review of automatic
emergency braking systems in use in applicable
commercial motor vehicles and address any identified
deficiencies with respect to those automatic emergency
braking systems in the rulemaking proceeding to
prescribe the standard, if practicable; and
(B) <<NOTE: Consultation.>> consult with
representatives of commercial motor vehicle drivers
regarding the experiences of drivers with automatic
emergency braking systems in use in applicable
commercial motor vehicles, including any malfunctions or
[[Page 135 STAT. 767]]
unwarranted activations of those automatic emergency
braking systems.
(c) <<NOTE: Deadline.>> Federal Motor Carrier Safety Regulation.--
Not later than 1 year after the date of enactment of this Act, the
Secretary shall prescribe a regulation under section 31136 of title 49,
United States Code, that requires that an automatic emergency braking
system installed in a commercial motor vehicle manufactured after the
effective date of the standard prescribed under subsection (b)(1)(A)
that is in operation on or after that date and is subject to section
571.136 of title 49, Code of Federal Regulations (relating to Federal
Motor Vehicle Safety Standard Number 136) (or a successor regulation) be
used at any time during which the commercial motor vehicle is in
operation.
(d) Report on Automatic Emergency Braking in Other Commercial Motor
Vehicles.--
(1) <<NOTE: Deadline. Assessment.>> Study.--Not later than
2 years after the date of enactment of this Act, the Secretary
shall complete a study on equipping a variety of commercial
motor vehicles not subject to section 571.136 of title 49, Code
of Federal Regulations (relating to Federal Motor Vehicle Safety
Standard Number 136) (or a successor regulation) as of that date
of enactment with automatic emergency braking systems to avoid
or mitigate a collision with an obstacle in the path of the
commercial motor vehicle, including an assessment of the
feasibility, benefits, and costs associated with installing
automatic emergency braking systems on a variety of newly
manufactured commercial motor vehicles with a gross vehicle
weight rating greater than 10,001 pounds.
(2) <<NOTE: Contracts.>> Independent research.--If the
Secretary enters into a contract with a third party to perform
research relating to the study required under paragraph (1), the
Secretary shall ensure that the third party does not have any
financial or contractual ties to, or relationships with--
(A) a motor carrier that transports passengers or
property for compensation;
(B) the motor carrier industry; or
(C) an entity producing or supplying automatic
emergency braking systems.
(3) <<NOTE: Deadline.>> Public comment.--Not later than 90
days after the date on which the study under paragraph (1) is
completed, the Secretary shall--
(A) <<NOTE: Notice. Federal
Register, publication.>> issue a notice in the Federal
Register containing the findings of the study; and
(B) provide an opportunity for public comment.
(4) Report to congress.--Not later than 90 days after the
conclusion of the public comment period under paragraph (3)(B),
the Secretary shall submit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committees on
Transportation and Infrastructure and Energy and Commerce of the
House of Representatives a report that includes--
(A) the results of the study under paragraph (1);
(B) <<NOTE: Summary.>> a summary of any comments
received under paragraph (3)(B); and
(C) <<NOTE: Determination.>> a determination as to
whether the Secretary intends to develop performance
requirements for automatic emergency braking systems for
applicable commercial
[[Page 135 STAT. 768]]
motor vehicles, including any analysis that led to that
determination.
(5) <<NOTE: Deadline. Determinations.>> Rulemaking.--Not
later than 2 years after the date on which the study under
paragraph (1) is completed, the Secretary shall--
(A) determine whether a motor vehicle safety
standard relating to equipping the commercial motor
vehicles described in that paragraph with automatic
emergency braking systems would meet the requirements
and considerations described in subsections (a) and (b)
of section 30111 of title 49, United States Code; and
(B) if the Secretary determines that a motor vehicle
safety standard described in subparagraph (A) would meet
the requirements and considerations described in that
subparagraph, initiate a rulemaking to prescribe such a
motor vehicle safety standard.
SEC. 23011. <<NOTE: 49 USC 39111 note.>> UNDERRIDE PROTECTION.
(a) Definitions.--In this section:
(1) Committee.--The term ``Committee'' means the Advisory
Committee on Underride Protection established under subsection
(d)(1).
(2) Motor carrier.--The term ``motor carrier'' has the
meaning given the term in section 13102 of title 49, United
States Code.
(3) Passenger motor vehicle.--The term ``passenger motor
vehicle'' has the meaning given the term in section 32101 of
title 49, United States Code.
(4) Underride crash.--The term ``underride crash'' means a
crash in which a trailer or semitrailer intrudes into the
passenger compartment of a passenger motor vehicle.
(b) Rear Underride Guards.--
(1) Trailers and semitrailers.--
(A) <<NOTE: Deadline. Regulations. Requirement.>>
In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall promulgate
such regulations as are necessary to revise sections
571.223 and 571.224 of title 49, Code of Federal
Regulations (relating to Federal Motor Vehicle Safety
Standard Numbers 223 and 224, respectively), to require
trailers and semitrailers manufactured after the date on
which those regulations are promulgated to be equipped
with rear impact guards that are designed to prevent
passenger compartment intrusion from a trailer or
semitrailer when a passenger motor vehicle traveling at
35 miles per hour makes--
(i) an impact in which the passenger motor
vehicle impacts the center of the rear of the
trailer or semitrailer;
(ii) an impact in which 50 percent of the
width of the passenger motor vehicle overlaps the
rear of the trailer or semitrailer; and
(iii) <<NOTE: Determination.>> an impact in
which 30 percent of the width of the passenger
motor vehicle overlaps the rear of the trailer or
semitrailer, if the Secretary determines that a
revision of sections 571.223 and 571.224 of title
49, Code of Federal Regulations (relating to
Federal Motor Vehicle Safety Standard Numbers 223
and 224,
[[Page 135 STAT. 769]]
respectively) to address such an impact would meet
the requirements and considerations described in
subsections (a) and (b) of section 30111 of title
49, United States Code.
(B) <<NOTE: Compliance. Deadline.>> Effective
date.--The regulations promulgated under subparagraph
(A) shall require full compliance with each Federal
Motor Vehicle Safety Standard revised pursuant to those
regulations not later than 2 years after the date on
which those regulations are promulgated.
(2) Additional research.--The Secretary shall conduct
additional research on the design and development of rear impact
guards that can--
(A) prevent underride crashes in cases in which the
passenger motor vehicle is traveling at speeds of up to
65 miles per hour; and
(B) protect passengers in passenger motor vehicles
against severe injury in crashes in which the passenger
motor vehicle is traveling at speeds of up to 65 miles
per hour.
(3) <<NOTE: Deadline.>> Review of standards.--Not later
than 5 years after the date on which the regulations under
paragraph (1)(A) are promulgated, the Secretary shall--
(A) review the Federal Motor Vehicle Safety
Standards revised pursuant to those regulations and any
other requirements of those regulations relating to rear
underride guards on trailers or semitrailers to evaluate
the need for changes in response to advancements in
technology; and
(B) <<NOTE: Update.>> update those Federal Motor
Vehicle Safety Standards and those regulations
accordingly.
(4) Inspections.--
(A) <<NOTE: Deadline. Regulations.>> In general.--
Not later than 1 year after the date of enactment of
this Act, the Secretary shall promulgate such
regulations as are necessary to revise the regulations
relating to minimum periodic inspection standards under
appendix G to subchapter B of chapter III of title 49,
Code of Federal Regulations, and the regulations
relating to driver vehicle inspection reports under
section 396.11 of that title to include requirements
relating to rear impact guards and rear end protection
that are consistent with the requirements described in
section 393.86 of that title.
(B) Considerations.--In revising the regulations
described in subparagraph (A), the Secretary shall
consider it to be a defect or a deficiency if a rear
impact guard is missing an, or has a corroded or
compromised, element that affects the structural
integrity and protective feature of the rear impact
guard.
(c) Side Underride Guards.--
(1) <<NOTE: Deadline.>> In general.--Not later than 1 year
after the date of enactment of this Act, the Secretary shall--
(A) complete additional research on side underride
guards to better understand the overall effectiveness of
side underride guards;
(B) <<NOTE: Assessment.>> assess the feasibility,
benefits, and costs of, and any impacts on intermodal
equipment, freight mobility (including port operations),
and freight capacity associated
[[Page 135 STAT. 770]]
with, installing side underride guards on newly
manufactured trailers and semitrailers with a gross
vehicle weight rating of 10,000 pounds or more;
(C) consider the unique structural and operational
aspects of--
(i) intermodal chassis (as defined in section
340.2 of title 46, Code of Federal Regulations;
and
(ii) pole trailers (as defined in section
390.5 of title 49, Code of Federal Regulations;
and
(D) <<NOTE: Standards.>> if warranted, develop
performance standards for side underride guards.
(2) <<NOTE: Contracts.>> Independent research.--If the
Secretary enters into a contract with a third party to perform
the research required under paragraph (1)(A), the Secretary
shall ensure that the third party does not have any financial or
contractual ties to, or relationships with--
(A) a motor carrier that transports passengers or
property for compensation;
(B) the motor carrier industry; or
(C) an entity producing or supplying underride
guards.
(3) <<NOTE: Deadline.>> Publication of assessment.--Not
later than 90 days after completion of the assessment required
under paragraph (1)(B), the Secretary shall--
(A) <<NOTE: Notice. Federal
Register, publication.>> issue a notice in the Federal
Register containing the findings of the assessment; and
(B) <<NOTE: Public comment.>> provide an
opportunity for public comment.
(4) Report to congress.--Not later than 90 days after the
conclusion of the public comment period under paragraph (3)(B),
the Secretary shall submit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report that includes--
(A) the results of the assessment under paragraph
(1)(B);
(B) <<NOTE: Summary.>> a summary of any comments
received by the Secretary under paragraph (3)(B); and
(C) <<NOTE: Determination. Analysis.>> a
determination as to whether the Secretary intends to
develop performance requirements for side underride
guards, including any analysis that led to that
determination.
(d) Advisory Committee on Underride Protection.--
(1) <<NOTE: Recommenda-tions.>> Establishment.--The
Secretary shall establish an Advisory Committee on Underride
Protection to provide advice and recommendations to the
Secretary on safety regulations to reduce underride crashes and
fatalities relating to underride crashes.
(2) Membership.--
(A) <<NOTE: Appointments.>> In general.--The
Committee shall be composed of not more than 20 members,
appointed by the Secretary, who--
(i) are not employees of the Department; and
(ii) are qualified to serve on the Committee
because of their expertise, training, or
experience.
(B) Representation.--The Committee shall include 2
representatives of each of the following:
(i) Truck and trailer manufacturers.
[[Page 135 STAT. 771]]
(ii) Motor carriers, including independent
owner-operators.
(iii) Law enforcement.
(iv) Motor vehicle engineers.
(v) Motor vehicle crash investigators.
(vi) Truck safety organizations.
(vii) The insurance industry.
(viii) Emergency medical service providers.
(ix) Families of underride crash victims.
(x) Labor organizations.
(3) Compensation.--Members of the Committee shall serve
without compensation.
(4) <<NOTE: Time period.>> Meetings.--The Committee shall
meet not less frequently than annually.
(5) Support.--On request of the Committee, the Secretary
shall provide information, administrative services, and supplies
necessary for the Committee to carry out the duties of the
Committee.
(6) Report.--The Committee shall submit to the Committee on
Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives a biennial report that--
(A) <<NOTE: Recommenda- tions.>> describes the
advice and recommendations made to the Secretary; and
(B) <<NOTE: Assessment.>> includes an assessment of
progress made by the Secretary in advancing safety
regulations relating to underride crashes.
(e) <<NOTE: Deadline.>> Data Collection.--Not later than 1 year
after the date of enactment of this Act, the Secretary shall implement
the recommendations described in the report of the Government
Accountability Office entitled ``Truck Underride Guards: Improved Data
Collection, Inspections, and Research Needed'', published on March 14,
2019, and numbered GAO-19-264.
SEC. 23012. PROVIDERS OF RECREATIONAL ACTIVITIES.
Section 13506(b) of title 49, United States Code, is amended--
(1) in paragraph (2), by striking ``or'' at the end;
(2) in paragraph (3), by striking the period at the end and
inserting ``; or''; and
(3) by adding at the end the following:
``(4) transportation by a motor vehicle designed or used to
transport not fewer than 9, and not more than 15, passengers
(including the driver), whether operated alone or with a trailer
attached for the transport of recreational equipment, if--
``(A) the motor vehicle is operated by a person that
provides recreational activities;
``(B) the transportation is provided within a 150
air-mile radius of the location at which passengers
initially boarded the motor vehicle at the outset of the
trip; and
``(C) in the case of a motor vehicle transporting
passengers over a route between a place in a State and a
place in another State, the person operating the motor
vehicle is lawfully providing transportation of
passengers over the entire route in accordance with
applicable State law.''.
[[Page 135 STAT. 772]]
SEC. 23013. <<NOTE: 49 USC 14104 note.>> AMENDMENTS TO
REGULATIONS RELATING TO TRANSPORTATION
OF HOUSEHOLD GOODS IN INTERSTATE
COMMERCE.
(a) Definitions.--In this section:
(1) Administration.--The term ``Administration'' means the
Federal Motor Carrier Safety Administration.
(2) Covered carrier.--The term ``covered carrier'' means a
motor carrier that is--
(A) engaged in the interstate transportation of
household goods; and
(B) subject to the requirements of part 375 of title
49, Code of Federal Regulations (as in effect on the
effective date of any amendments made pursuant to the
notice of proposed rulemaking issued under subsection
(b)).
(b) <<NOTE: Deadline. Notice. Determination.>> Amendments to
Regulations.--Not later than 1 year after the date of enactment of this
Act, the Secretary shall issue a notice of proposed rulemaking to amend,
as the Secretary determines to be appropriate, regulations relating to
the interstate transportation of household goods.
(c) <<NOTE: Recommenda- tions. Requirements.>> Considerations.--In
issuing the notice of proposed rulemaking under subsection (b), the
Secretary shall consider amending the following provisions of title 49,
Code of Federal Regulations, in accordance with the following
recommendations:
(1) <<NOTE: Web postings.>> Section 375.207(b) to require
each covered carrier to include on the website of the covered
carrier a link--
(A) to the publication of the Administration
entitled ``Ready to Move-Tips for a Successful
Interstate Move'' and numbered ESA-03-005 on the website
of the Administration; or
(B) <<NOTE: Records.>> to a copy of the publication
referred to in subparagraph (A) on the website of the
covered carrier.
(2) <<NOTE: Web posting. Records.>> Subsections (a) and
(b)(1) of section 375.213 to require each covered carrier to
provide to each individual shipper, together with any written
estimate provided to the shipper, a copy of the publication
described in appendix A of part 375 of that title, entitled
``Your Rights and Responsibilities When You Move'' and numbered
ESA-03-006 (or a successor publication), in the form of a
written copy or a hyperlink on the website of the covered
carrier to the location on the website of the Administration
containing that publication.
(3) <<NOTE: Repeal.>> Section 375.213 to repeal subsection
(e) of that section.
(4) <<NOTE: Surveys.>> Section 375.401(a) to require each
covered carrier--
(A) to conduct a visual survey of the household
goods to be transported by the covered carrier--
(i) in person; or
(ii) virtually, using--
(I) a remote camera; or
(II) another appropriate technology;
(B) to offer a visual survey described in
subparagraph (A) for all household goods shipments,
regardless of the distance between--
(i) the location of the household goods; and
(ii) the location of the agent of the covered
carrier preparing the estimate; and
(C) <<NOTE: Records.>> to provide to each shipper a
copy of the publication of the Administration entitled
``Ready to Move-Tips for a Successful Interstate Move''
and numbered ESA-03-005
[[Page 135 STAT. 773]]
on receipt from the shipper of a request to schedule, or
a waiver of, a visual survey offered under subparagraph
(B).
(5) Sections 375.401(b)(1), 375.403(a)(6)(ii), and
375.405(b)(7)(ii), and subpart D of appendix A of part 375, to
require that, in any case in which a shipper tenders any
additional item or requests any additional service prior to
loading a shipment, the affected covered carrier shall--
(A) <<NOTE: Estimate.>> prepare a new estimate; and
(B) <<NOTE: Records.>> maintain a record of the
date, time, and manner in which the new estimate was
accepted by the shipper.
(6) Section 375.501(a), to establish that a covered carrier
is not required to provide to a shipper an order for service if
the covered carrier elects to provide the information described
in paragraphs (1) through (15) of that section in a bill of
lading that is presented to the shipper before the covered
carrier receives the shipment.
(7) Subpart H of part 375, to replace the replace the terms
``freight bill'' and ``expense bill'' with the term ``invoice''.
SEC. 23014. <<NOTE: 49 USC 31144 note.>> IMPROVING FEDERAL-STATE
MOTOR CARRIER SAFETY ENFORCEMENT
COORDINATION.
(a) Definitions.--In this section:
(1) Covered state.--The term ``covered State'' means a State
that receives Federal funds under the motor carrier safety
assistance program established under section 31102 of title 49,
United States Code.
(2) Imminent hazard.--The term ``imminent hazard'' has the
same meaning as in section 521 of title 49, United States Code.
(b) <<NOTE: Federal Register, publication. Deadline.>> Review and
Enforcement of State Out-of-service Orders.--As soon as practicable
after the date of enactment of this Act, the Secretary shall publish in
the Federal Register a process under which the Secretary shall review
each out-of-service order issued by a covered State in accordance with
section 31144(d) of title 49, United States Code, by not later than 30
days after the date on which the out-of-service order is submitted to
the Secretary by the covered State.
(c) Review and Enforcement of State Imminent Hazard
Determinations.--
(1) <<NOTE: Federal Register, publication.>> In general.--
As soon as practicable after the date of enactment of this Act,
the Secretary shall publish in the Federal Register a process
under which the Secretary shall review imminent hazard
determinations made by covered States.
(2) Enforcement.--On reviewing an imminent hazard
determination under paragraph (1), the Secretary shall pursue
enforcement under section 521 of title 49, United States Code,
as the Secretary determines to be appropriate.
SEC. 23015. <<NOTE: Deadlines. 49 USC 30111 note.>> LIMOUSINE
RESEARCH.
(a) Definitions.--In this section:
(1) Limousine.--The term ``limousine'' means a motor
vehicle--
(A) that has a seating capacity of 9 or more persons
(including the driver);
(B) with a gross vehicle weight rating greater than
10,000 pounds but not greater than 26,000 pounds;
[[Page 135 STAT. 774]]
(C) that the Secretary has determined by regulation
has physical characteristics resembling--
(i) a passenger car;
(ii) a multipurpose passenger vehicle; or
(iii) a truck with a gross vehicle weight
rating of 10,000 pounds or less; and
(D) that is not a taxi, nonemergency medical, or
paratransit motor vehicle.
(2) Limousine operator.--The term ``limousine operator''
means a person who owns or leases, and uses, a limousine to
transport passengers for compensation.
(3) Motor vehicle safety standard.--The term ``motor vehicle
safety standard'' has the meaning given the term in section
30102(a) of title 49, United States Code.
(4) State.--The term ``State'' has the meaning given such
term in section 30102(a) of title 49, United States Code.
(b) Crashworthiness.--
(1) Research.--Not later than 4 years after the date of
enactment of this Act, the Secretary shall complete research
into the development of motor vehicle safety standards for side
impact protection, roof crush resistance, and air bag systems
for the protection of occupants in limousines with alternative
seating positions, including perimeter seating arrangements.
(2) Rulemaking or report.--
(A) Crashworthiness standards.--
(i) In general.--Subject to clause (ii), not
later than 2 years after the date on which the
research under paragraph (1) is completed, the
Secretary shall prescribe, for the protection of
occupants in limousines with alternative seating
positions, a final motor vehicle safety standard
for each of the following:
(I) Side impact protection.
(II) Roof crush resistance.
(III) Air bag systems.
(ii) <<NOTE: Determination.>> Requirements
and considerations.--The Secretary may only
prescribe a motor vehicle safety standard
described in clause (i) if the Secretary
determines that the standard meets the
requirements and considerations described in
subsections (a) and (b) of section 30111 of title
49, United States Code.
(B) <<NOTE: Determination. Federal
Register, publication.>> Report.--If the Secretary
determines that a motor vehicle safety standard
described in subparagraph (A)(i) would not meet the
requirements and considerations described in subsections
(a) and (b) of section 30111 of title 49, United States
Code, the Secretary shall publish in the Federal
Register and submit to the Committee on Commerce,
Science, and Transportation of the Senate and the
Committee on Energy and Commerce of the House of
Representatives a report describing the reasons for not
prescribing the standard.
(c) Evacuation.--
(1) Research.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall complete research
into safety features and standards that aid evacuation in the
event that an exit in the passenger compartment of a limousine
is blocked.
[[Page 135 STAT. 775]]
(2) Rulemaking or report.--
(A) Limousine evacuation.--
(i) In general.--Subject to clause (ii), not
later than 2 years after the date on which the
research under paragraph (1) is completed, the
Secretary shall prescribe a final motor vehicle
safety standard based on the results of that
research.
(ii) <<NOTE: Determination.>> Requirements
and considerations.--The Secretary may only
prescribe a motor vehicle safety standard
described in clause (i) if the Secretary
determines that the standard meets the
requirements and considerations described in
subsections (a) and (b) of section 30111 of title
49, United States Code.
(B) <<NOTE: Determination. Federal
Register, publication.>> Report.--If the Secretary
determines that a standard described in subparagraph
(A)(i) would not meet the requirements and
considerations described in subsections (a) and (b) of
section 30111 of title 49, United States Code, the
Secretary shall publish in the Federal Register and
submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Energy
and Commerce of the House of Representatives a report
describing the reasons for not prescribing the standard.
(d) Limousine Inspection Disclosure.--
(1) <<NOTE: Notice. Web posting.>> In general.--A limousine
operator may not introduce a limousine into interstate commerce
unless the limousine operator has prominently disclosed in a
clear and conspicuous notice, including on the website of the
operator if the operator has a website, the following:
(A) The date of the most recent inspection of the
limousine required under State or Federal law, if
applicable.
(B) The results of the inspection, if applicable.
(C) Any corrective action taken by the limousine
operator to ensure the limousine passed inspection, if
applicable.
(2) Federal trade commission enforcement.--
(A) In general.--The Federal Trade Commission shall
enforce this subsection in the same manner, by the same
means, and with the same jurisdiction, powers, and
duties as though all applicable terms and provisions of
the Federal Trade Commission Act (15 U.S.C. 41 et seq.)
were incorporated into and made a part of this
subsection.
(B) Treatment.--Any person who violates this
subsection shall be subject to the penalties and
entitled to the privileges and immunities provided in
the Federal Trade Commission Act (15 U.S.C. 41 et seq.).
(3) Savings provision.--Nothing in this subsection limits
the authority of the Federal Trade Commission under any other
provision of law.
(4) Effective date.--This subsection shall take effect on
the date that is 180 days after the date of enactment of this
Act.
SEC. 23016. NATIONAL CONSUMER COMPLAINT DATABASE.
(a) <<NOTE: Reports.>> In General.--Not later than 18 months after
the date of enactment of this Act, the Comptroller General of the United
States shall submit to the Committee on Commerce, Science, and
[[Page 135 STAT. 776]]
Transportation of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives a report on the National
Consumer Complaint Database of the Federal Motor Carrier Safety
Administration.
(b) <<NOTE: Reviews.>> Contents.--The report under subsection (a)
shall include--
(1) a review of the process and effectiveness of efforts to
review and follow-up on complaints submitted to the National
Consumer Complaint Database;
(2) an identification of the top 5 complaint categories;
(3) an identification of--
(A) the process that the Federal Motor Carrier
Safety Administration uses to determine which entities
to take enforcement actions against; and
(B) the top categories of enforcement actions taken
by the Federal Motor Carrier Safety Administration;
(4) <<NOTE: Time period. Determination.>> a review of the
use of the National Consumer Complaint Database website over the
5-year period ending on December 31, 2020, including information
obtained by conducting interviews with drivers, customers of
movers of household goods, brokers, motor carriers, including
small business motor carriers, and other users of the website to
determine the usability of the website;
(5) a review of efforts taken by the Federal Motor Carrier
Safety Administration to raise awareness of the National
Consumer Complaint Database; and
(6) <<NOTE: Recommenda- tions.>> recommendations, as
appropriate, including with respect to methods--
(A) for improving the usability of the National
Consumer Complaint Database website;
(B) for improving the review of complaints;
(C) for using data collected through the National
Consumer Complaint Database to identify bad actors;
(D) to improve confidence and transparency in the
complaint process; and
(E) for improving stakeholder awareness of and
participation in the National Consumer Complaint
Database and the complaint system, including improved
communication about the purpose of the National Consumer
Complaint Database.
SEC. 23017. <<NOTE: Reports. Analysis.>> ELECTRONIC LOGGING
DEVICE OVERSIGHT.
Not later than 180 days after the date of enactment of this Act, the
Secretary shall submit to Congress a report analyzing the cost and
effectiveness of electronic logging devices and detailing the
processes--
(1) used by the Federal Motor Carrier Safety
Administration--
(A) <<NOTE: Review.>> to review electronic logging
device logs; and
(B) to protect proprietary information and
personally identifiable information obtained from
electronic logging device logs; and
(2) through which an operator may challenge or appeal a
violation notice issued by the Federal Motor Carrier Safety
Administration relating to an electronic logging device.
[[Page 135 STAT. 777]]
SEC. 23018. TRANSPORTATION OF AGRICULTURAL COMMODITIES AND FARM
SUPPLIES.
Section 229(a)(1) of the Motor Carrier Safety Improvement Act of
1999 (49 U.S.C. 31136 note; Public Law 106-159) is amended--
(1) in subparagraph (B), by striking ``or'' at the end;
(2) in subparagraph (C), by striking the period at the end
and inserting ``; or''; and
(3) by adding at the end the following:
``(D) drivers transporting livestock (as defined in
section 602 of the Emergency Livestock Feed Assistance
Act of 1988 (7 U.S.C. 1471) including insects) within a
150 air-mile radius from the final destination of the
livestock.''.
SEC. 23019. <<NOTE: Time period. 49 USC 31305 note.>>
MODIFICATION OF RESTRICTIONS ON
CERTAIN COMMERCIAL DRIVER'S LICENSES.
The Administrator of the Federal Motor Carrier Safety Administration
shall revise section 383.3(f)(3)(ii) of title 49, Code of Federal
Regulations (or a successor regulation), to provide that a restricted
commercial driver's license issued to an employee in a farm-related
service industry shall be limited to the applicable seasonal periods
defined by the State issuing the restricted commercial driver's license,
subject to the condition that the total number of days in any calendar
year during which the restricted commercial driver's license is valid
does not exceed 210.
SEC. 23020. <<NOTE: Coordination. Recommenda-
tions. Assessment. 49 USC 31102
note.>> REPORT ON HUMAN TRAFFICKING
VIOLATIONS INVOLVING COMMERCIAL MOTOR
VEHICLES.
Not later than 3 years after the date of enactment of this Act, and
every 3 years thereafter, the Secretary, acting through the Department
of Transportation Advisory Committee on Human Trafficking established
under section 5(a) of the Combating Human Trafficking in Commercial
Vehicles Act (Public Law 115-99; 131 Stat. 2243), shall coordinate with
the Attorney General to prepare and submit to Congress a report relating
to human trafficking violations involving commercial motor vehicles,
which shall include recommendations for countering human trafficking,
including an assessment of previous best practices by transportation
stakeholders.
SEC. 23021. <<NOTE: 49 USC 13301 note.>> BROKER GUIDANCE RELATING
TO FEDERAL MOTOR CARRIER SAFETY
REGULATIONS.
(a) <<NOTE: Deadline.>> In General.--Not later than 1 year after
the date of enactment of this Act, the Secretary shall issue guidance to
clarify the definitions of the terms ``broker'' and ``bona fide agents''
in section 371.2 of title 49, Code of Federal Regulations.
(b) Considerations.--In issuing guidance under subsection (a), the
Secretary shall take into consideration--
(1) the extent to which technology has changed the nature of
freight brokerage;
(2) the role of bona fide agents; and
(3) other aspects of the freight transportation industry.
(c) <<NOTE: Examinations.>> Dispatch Services.--In issuing guidance
under subsection (a), the Secretary shall, at a minimum--
(1) examine the role of a dispatch service in the
transportation industry;
(2) examine the extent to which dispatch services could be
considered brokers or bona fide agents; and
[[Page 135 STAT. 778]]
(3) clarify the level of financial penalties for
unauthorized brokerage activities under section 14916 of title
49, United States Code, applicable to a dispatch service.
SEC. 23022. <<NOTE: 49 USC 31315 note.>> APPRENTICESHIP PILOT
PROGRAM.
(a) Definitions.--In this section:
(1) Apprentice.--The term ``apprentice'' means an individual
who--
(A) is under the age of 21; and
(B) holds a commercial driver's license.
(2) Commercial driver's license.--The term ``commercial
driver's license'' has the meaning given the term in section
31301 of title 49, United States Code.
(3) Commercial motor vehicle.--The term ``commercial motor
vehicle'' has the meaning given the term in section 390.5 of
title 49, Code of Federal Regulations (as in effect on the date
of enactment of this Act).
(4) Driving time.--The term ``driving time'' has the meaning
given the term in section 395.2 of title 49, Code of Federal
Regulations (as in effect on the date of enactment of this Act).
(5) Experienced driver.--The term ``experienced driver''
means an individual who--
(A) is not younger than 26 years of age;
(B) has held a commercial driver's license for the
2-year period ending on the date on which the individual
serves as an experienced driver under subsection
(b)(2)(C)(ii);
(C) during the 2-year period ending on the date on
which the individual serves as an experienced driver
under subsection (b)(2)(C)(ii), has had no--
(i) preventable accidents reportable to the
Department; or
(ii) pointed moving violations; and
(D) has a minimum of 5 years of experience driving a
commercial motor vehicle in interstate commerce.
(6) On-duty time.--The term ``on-duty time'' has the meaning
given the term in section 395.2 of title 49, Code of Federal
Regulations (as in effect on the date of enactment of this Act).
(7) Pointed moving violation.--The term ``pointed moving
violation'' means a violation that results in points being added
to the license of a driver, or a similar comparable violation,
as determined by the Secretary.
(b) Pilot Program.--
(1) <<NOTE: Deadline.>> In general.--Not later than 60 days
after the date of enactment of this Act, the Secretary shall
establish, in accordance with section 31315(c) of title 49,
United States Code, a pilot program allowing employers to
establish the apprenticeship programs described in paragraph
(2).
(2) <<NOTE: Requirements.>> Description of apprenticeship
program.--An apprenticeship program referred to in paragraph (1)
is a program that consists of the following requirements:
(A) 120-hour probationary period.--
(i) In general.--The apprentice shall complete
120 hours of on-duty time, of which not less than
[[Page 135 STAT. 779]]
80 hours shall be driving time in a commercial
motor vehicle.
(ii) <<NOTE: Determination.>> Performance
benchmarks.--To complete the 120-hour probationary
period under clause (i), the employer of an
apprentice shall determine that the apprentice is
competent in each of the following areas:
(I) Interstate, city traffic, rural
2-lane, and evening driving.
(II) Safety awareness.
(III) Speed and space management.
(IV) Lane control.
(V) Mirror scanning.
(VI) Right and left turns.
(VII) Logging and complying with
rules relating to hours of service.
(B) 280-hour probationary period.--
(i) In general.--After completing the 120-hour
probationary period under subparagraph (A), an
apprentice shall complete 280 hours of on-duty
time, of which not less than 160 hours shall be
driving time in a commercial motor vehicle.
(ii) <<NOTE: Determination.>> Performance
benchmarks.--To complete the 280-hour probationary
period under clause (i), the employer of an
apprentice shall determine that the apprentice is
competent in each of the following areas:
(I) Backing and maneuvering in close
quarters.
(II) Pretrip inspections.
(III) Fueling procedures.
(IV) Weighing loads, weight
distribution, and sliding tandems.
(V) Coupling and uncoupling
procedures.
(VI) Trip planning, truck routes,
map reading, navigation, and permits.
(C) Restrictions for probationary periods.--During
the 120-hour probationary period under subparagraph (A)
and the 280-hour probationary period under subparagraph
(B)--
(i) an apprentice may only drive a commercial
motor vehicle that has--
(I) an automatic manual or automatic
transmission;
(II) an active braking collision
mitigation system;
(III) a forward-facing video event
capture system; and
(IV) a governed speed of 65 miles
per hour--
(aa) at the pedal; and
(bb) under adaptive cruise
control; and
(ii) an apprentice shall be accompanied in the
passenger seat of the commercial motor vehicle by
an experienced driver.
(D) Records retention.--The employer of an
apprentice shall maintain records, in a manner required
by the Secretary, relating to the satisfaction of the
performance benchmarks described in subparagraphs
(A)(ii) and (B)(ii) by the apprentice.
[[Page 135 STAT. 780]]
(E) Reportable incidents.--If an apprentice is
involved in a preventable accident reportable to the
Department or a pointed moving violation while driving a
commercial motor vehicle as part of an apprenticeship
program described in this paragraph, the apprentice
shall undergo remediation and additional training until
the apprentice can demonstrate, to the satisfaction of
the employer, competence in each of the performance
benchmarks described in subparagraphs (A)(ii) and
(B)(ii).
(F) <<NOTE: Time period.>> Completion of program.--
An apprentice shall be considered to have completed an
apprenticeship program on the date on which the
apprentice completes the 280-hour probationary period
under subparagraph (B).
(G) Minimum requirements.--
(i) In general.--Nothing in this section
prevents an employer from imposing any additional
requirement on an apprentice participating in an
apprenticeship program established under this
section.
(ii) Technologies.--Nothing in this section
prevents an employer from requiring or installing
in a commercial motor vehicle any technology in
addition to the technologies described in
subparagraph (C)(i).
(3) Apprentices.--An apprentice may--
(A) drive a commercial motor vehicle in interstate
commerce while participating in the 120-hour
probationary period under paragraph (2)(A) or the 280-
hour probationary period under paragraph (2)(B) pursuant
to an apprenticeship program established by an employer
in accordance with this section; and
(B) <<NOTE: Determination.>> drive a commercial
motor vehicle in interstate commerce after the
apprentice completes an apprenticeship program described
in paragraph (2), unless the Secretary determines there
exists a safety concern.
(4) Limitation.--The Secretary may not allow more than 3,000
apprentices at any 1 time to participate in the pilot program
established under paragraph (1).
(c) Termination.--Effective beginning on the date that is 3 years
after the date of establishment of the pilot program under subsection
(b)(1)--
(1) the pilot program shall terminate; and
(2) <<NOTE: Determination.>> any driver under the age of 21
who has completed an apprenticeship program described in
subsection (b)(2) may drive a commercial motor vehicle in
interstate commerce, unless the Secretary determines there
exists a safety concern.
(d) No Effect on License Requirement.--Nothing in this section
exempts an apprentice from any requirement to hold a commercial driver's
license in order to operate a commercial motor vehicle.
(e) <<NOTE: Analysis.>> Data Collection.--The Secretary shall
collect and analyze--
(1) data relating to any incident in which an apprentice
participating in the pilot program established under subsection
(b)(1) is involved;
(2) data relating to any incident in which a driver under
the age of 21 operating a commercial motor vehicle in intrastate
commerce is involved; and
[[Page 135 STAT. 781]]
(3) <<NOTE: Determination.>> such other data relating to
the safety of apprentices aged 18 to 20 years operating in
interstate commerce as the Secretary determines to be necessary.
(f) Limitation.--A driver under the age of 21 participating in the
pilot program under this section may not--
(1) transport--
(A) a passenger; or
(B) hazardous cargo; or
(2) operate a commercial motor vehicle--
(A) in special configuration; or
(B) with a gross vehicle weight rating of more than
80,000 pounds.
(g) Report to Congress.--Not later than 120 days after the date of
conclusion of the pilot program under subsection (b), the Secretary
shall submit to Congress a report including--
(1) the findings and conclusions resulting from the pilot
program, including with respect to technologies or training
provided by commercial motor carriers for apprentices as part of
the pilot program to successfully improve safety;
(2) <<NOTE: Analysis.>> an analysis of the safety record of
apprentices participating in the pilot program, as compared to
other commercial motor vehicle drivers;
(3) the number of drivers that discontinued participation in
the apprenticeship program before completion;
(4) a comparison of the safety records of participating
drivers before, during, and after the probationary periods under
subparagraphs (A) and (B) of subsection (b)(2);
(5) a comparison, for each participating driver, of average
on-duty time, driving time, and time spent away from home
terminal before, during, and after the probationary periods
referred to in paragraph (4); and
(6) <<NOTE: Recommenda- tions.>> a recommendation, based on
the data collected, regarding whether the level of safety
achieved by the pilot program is equivalent to, or greater than,
the level of safety for equivalent commercial motor vehicle
drivers aged 21 years or older.
(h) Rule of Construction.--Nothing in this section affects the
authority of the Secretary under section 31315 of title 49, United
States Code, with respect to the pilot program established under
subsection (b)(1), including the authority to revoke participation in,
and terminate, the pilot program under paragraphs (3) and (4) of
subsection (c) of that section.
(i) Driver Compensation Study.--
(1) <<NOTE: Deadline. Contracts.>> In general.--Not later
than 1 year after the date of enactment of this Act, the
Secretary, acting through the Administrator of the Federal Motor
Carrier Safety Administration, shall offer to enter into a
contract with the Transportation Research Board under which the
Transportation Research Board shall conduct a study of the
impacts of various methods of driver compensation on safety and
driver retention, including--
(A) hourly pay;
(B) payment for detention time; and
(C) other payment methods used in the industry as of
the date on which the study is conducted.
[[Page 135 STAT. 782]]
(2) Consultation.--In conducting the study under paragraph
(1), the Transportation Research Board shall consult with--
(A) labor organizations representing commercial
motor vehicle drivers;
(B) representatives of the motor carrier industry,
including owner-operators; and
(C) <<NOTE: Determination.>> such other
stakeholders as the Transportation Research Board
determines to be relevant.
SEC. 23023. <<NOTE: 49 USC 30127 note.>> LIMOUSINE COMPLIANCE
WITH FEDERAL SAFETY STANDARDS.
(a) Limousine Standards.--
(1) <<NOTE: Deadline. Regulations.>> Safety belt and
seating system standards for limousines.--Not later than 2 years
after the date of enactment of this Act, the Secretary shall
prescribe a final rule that--
(A) amends Federal Motor Vehicle Safety Standard
Numbers 208, 209, and 210 to require to be installed in
limousines on each designated seating position,
including on side-facing seats--
(i) an occupant restraint system consisting of
integrated lap-shoulder belts; or
(ii) an occupant restraint system consisting
of a lap belt, if an occupant restraint system
described in clause (i) does not meet the need for
motor vehicle safety; and
(B) amends Federal Motor Vehicle Safety Standard
Number 207 to require limousines to meet standards for
seats (including side-facing seats), seat attachment
assemblies, and seat installation to minimize the
possibility of failure by forces acting on the seats,
attachment assemblies, and installations as a result of
motor vehicle impact.
(2) <<NOTE: Assessment.>> Report on retrofit assessment for
limousines.--Not later than 2 years after the date of enactment
of this Act, the Secretary shall submit to the Committee on
Commerce, Science, and Transportation of the Senate and the
Committee on Energy and Commerce of the House of Representatives
a report that assesses the feasibility, benefits, and costs with
respect to the application of any requirement established under
paragraph (1) to a limousine introduced into interstate commerce
before the date on which the requirement takes effect.
(b) <<NOTE: Applicability.>> Modifications of Certain Vehicles.--
The final rule prescribed under subsection (a)(1) and any standards
prescribed under subsection (b) or (c) of section 23015 shall apply to a
person modifying a passenger motor vehicle (as defined in section 32101
of title 49, United States Code) that has already been purchased by the
first purchaser (as defined in section 30102(b) of that title) by
increasing the wheelbase of the vehicle to make the vehicle a limousine.
(c) Application.--The requirements of this section apply
notwithstanding section 30112(b)(1) of title 49, United States Code.
[[Page 135 STAT. 783]]
TITLE IV--HIGHWAY AND MOTOR VEHICLE SAFETY
Subtitle A--Highway Traffic Safety
SEC. 24101. <<NOTE: Time period.>> AUTHORIZATION OF
APPROPRIATIONS.
(a) In General.--The following amounts are authorized to be
appropriated out of the Highway Trust Fund (other than the Mass Transit
Account):
(1) Highway safety programs.--To carry out section 402 of
title 23, United States Code--
(A) $363,400,000 for fiscal year 2022;
(B) $370,900,000 for fiscal year 2023;
(C) $378,400,000 for fiscal year 2024;
(D) $385,900,000 for fiscal year 2025; and
(E) $393,400,000 for fiscal year 2026.
(2) Highway safety research and development.--To carry out
section 403 of title 23, United States Code--
(A) $186,000,000 for fiscal year 2022;
(B) $190,000,000 for fiscal year 2023;
(C) $194,000,000 for fiscal year 2024;
(D) $198,000,000 for fiscal year 2025; and
(E) $202,000,000 for fiscal year 2026.
(3) High-visibility enforcement program.--To carry out
section 404 of title 23, United States Code--
(A) $36,400,000 for fiscal year 2022;
(B) $38,300,000 for fiscal year 2023;
(C) $40,300,000 for fiscal year 2024;
(D) $42,300,000 for fiscal year 2025; and
(E) $44,300,000 for fiscal year 2026.
(4) National priority safety programs.--To carry out section
405 of title 23, United States Code--
(A) $336,500,000 for fiscal year 2022;
(B) $346,500,000 for fiscal year 2023;
(C) $353,500,000 for fiscal year 2024;
(D) $360,500,000 for fiscal year 2025; and
(E) $367,500,000 for fiscal year 2026.
(5) Administrative expenses.--For administrative and related
operating expenses of the National Highway Traffic Safety
Administration in carrying out chapter 4 of title 23, United
States Code, and this title--
(A) $38,000,000 for fiscal year 2022;
(B) $39,520,000 for fiscal year 2023;
(C) $41,100,800 for fiscal year 2024;
(D) $42,744,832 for fiscal year 2025; and
(E) $44,454,625 for fiscal year 2026.
(6) National driver register.--For the National Highway
Traffic Safety Administration to carry out chapter 303 of title
49, United States Code--
(A) $6,800,000 for fiscal year 2022;
(B) $7,000,000 for fiscal year 2023;
(C) $7,200,000 for fiscal year 2024;
(D) $7,400,000 for fiscal year 2025; and
(E) $7,600,000 for fiscal year 2026.
[[Page 135 STAT. 784]]
(b) <<NOTE: 23 USC 401 note.>> Prohibition on Other Uses.--Except
as otherwise provided in chapter 4 of title 23, and chapter 303 of title
49, United States Code, the amounts made available under subsection (a)
or any other provision of law from the Highway Trust Fund (other than
the Mass Transit Account) for a program under those chapters--
(1) shall only be used to carry out that program; and
(2) may not be used by a State or local government for
construction purposes.
(c) <<NOTE: Apportionment. Time period.>> Applicability of Title
23.--Except as otherwise provided in chapter 4 of title 23, and chapter
303 of title 49, United States Code, the amounts made available under
subsection (a) for fiscal years 2022 through 2026 shall be available for
obligation in the same manner as if those funds were apportioned under
chapter 1 of title 23, United States Code.
(d) Highway Safety General Requirements.--
(1) In general.--Chapter 4 of title 23, United States Code,
is amended--
(A) by redesignating sections 409 and 412 and
sections 407 and 408, respectively; and
(B) by inserting after section 405 the following:
``Sec. 406. <<NOTE: 23 USC 406.>> General requirements for
Federal assistance
``(a) Definition of Funded Project.--In this section, the term
`funded project' means a project funded, in whole or in part, by a grant
provided under section 402 or 405.
``(b) Regulatory Authority.--Each funded project shall be carried
out in accordance with applicable regulations promulgated by the
Secretary.
``(c) State Matching Requirements.--If a grant provided under this
chapter requires any State to share in the cost of a funded project, the
aggregate of the expenditures made by the State (including any political
subdivision of the State) for highway safety activities during a fiscal
year, exclusive of Federal funds, for carrying out the funded project
(other than expenditures for planning or administration) shall be
credited toward the non-Federal share of the cost of any other funded
project (other than planning and administration) during that fiscal
year, regardless of whether those expenditures were made in connection
with the project.
``(d) Grant Application and Deadline.--
``(1) Applications.--To be eligible to receive a grant under
this chapter, a State shall submit to the Secretary an
application at such time, in such manner, and containing such
information as the Secretary may require.
``(2) Deadline.--The Secretary shall establish a single
deadline for the submission of applications under paragraph (1)
to enable the provision of grants under this chapter early in
each applicable fiscal year beginning after the date of
submission.
``(e) <<NOTE: Deadline.>> Distribution of Funds to States.--Not
later than 60 days after the later of the start of a fiscal year or the
date of enactment of any appropriations Act making funds available to
carry out this chapter for that fiscal year, the Secretary shall
distribute to each State the portion of those funds to which the State
is entitled for the applicable fiscal year.''.
[[Page 135 STAT. 785]]
(2) Clerical amendment.--The analysis for chapter 4 of title
23, United States Code, <<NOTE: 23 USC 401 prec.>> is amended
by striking the items relating to sections 406 through 412 and
inserting the following:
``406. General requirements for Federal assistance.
``407. Discovery and admission as evidence of certain reports and
surveys.
``408. Agency accountability.''.
SEC. 24102. HIGHWAY SAFETY PROGRAMS.
(a) In General.--Section 402 of title 23, United States Code, is
amended--
(1) by striking ``accidents'' each place it appears and
inserting ``crashes'';
(2) by striking ``accident'' each place it appears and
inserting ``crash'';
(3) in subsection (a)--
(A) in paragraph (1), by striking ``shall have'' and
all that follows through the period at the end and
inserting the following: ``shall have in effect a
highway safety program that--
``(i) is designed to reduce--
``(I) traffic crashes; and
``(II) deaths, injuries, and
property damage resulting from those
crashes;
``(ii) includes--
``(I) an approved, current,
triennial highway safety plan in
accordance with subsection (k); and
``(II) an approved grant application
under subsection (l) for the fiscal
year;
``(iii) demonstrates compliance with the
applicable administrative requirements of
subsection (b)(1); and
``(iv) is approved by the Secretary.'';
(B) in paragraph (2)(A)--
(i) in clause (ii), by striking ``occupant
protection devices (including the use of safety
belts and child restraint systems)'' and inserting
``safety belts'';
(ii) in clause (vii), by striking ``and'' at
the end;
(iii) by redesignating clauses (iii) through
(viii) as clauses (iv) through (ix), respectively;
(iv) by inserting after clause (ii) the
following:
``(iii) to encourage more widespread and
proper use of child restraints, with an emphasis
on underserved populations;''; and
(v) by adding at the end the following:
``(x) to reduce crashes caused by driver
misuse or misunderstanding of new vehicle
technology;
``(xi) to increase vehicle recall awareness;
``(xii) to provide to the public information
relating to the risks of child heatstroke death
when left unattended in a motor vehicle after the
motor is deactivated by the operator;
``(xiii) to reduce injuries and deaths
resulting from the failure by drivers of motor
vehicles to move to another traffic lane or reduce
the speed of the vehicle when law enforcement,
fire service, emergency medical services, or other
emergency or first responder vehicles are stopped
or parked on or next to a roadway with emergency
lights activated; and
[[Page 135 STAT. 786]]
``(xiv) to prevent crashes, injuries, and
deaths caused by unsecured vehicle loads;''; and
(C) by adding at the end the following:
``(3) Additional considerations.--A State that has legalized
medicinal or recreational marijuana shall take into
consideration implementing programs in addition to the programs
described in paragraph (2)(A)--
``(A) to educate drivers regarding the risks
associated with marijuana-impaired driving; and
``(B) to reduce injuries and deaths resulting from
individuals driving motor vehicles while impaired by
marijuana.'';
(4) in subsection (b)(1)--
(A) in the matter preceding subparagraph (A), by
striking ``may'' and inserting ``shall'';
(B) by striking subparagraph (B) and inserting the
following:
``(B) provide for a comprehensive, data-driven
traffic safety program that results from meaningful
public participation and engagement from affected
communities, particularly those most significantly
impacted by traffic crashes resulting in injuries and
fatalities;'';
(C) in subparagraph (C), by striking ``authorized in
accordance with subparagraph (B)'';
(D) in subparagraph (D), by striking ``with
disabilities, including those in wheelchairs'' and
inserting ``, including those with disabilities and
those in wheelchairs'';
(E) by striking subparagraph (E) and inserting the
following:
``(E) as part of a comprehensive program, support--
``(i) data-driven traffic safety enforcement
programs that foster effective community
collaboration to increase public safety; and
``(ii) data collection and analysis to ensure
transparency, identify disparities in traffic
enforcement, and inform traffic enforcement
policies, procedures, and activities; and''; and
(F) in subparagraph (F)--
(i) in clause (i), by striking ``national law
enforcement mobilizations and high-visibility''
and inserting ``national, high-visibility'';
(ii) in clause (iv), by striking ``and'' after
the semicolon at the end;
(iii) in clause (v), by striking the period at
the end and inserting ``; and''; and
(iv) by adding at the end the following:
``(vi) unless the State highway safety program
is developed by American Samoa, Guam, the
Commonwealth of the Northern Mariana Islands, or
the United States Virgin Islands, participation in
the Fatality Analysis Reporting System.'';
(5) in subsection (c)--
(A) in paragraph (1)--
(i) by striking the paragraph designation and
heading and all that follows through ``Funds
authorized'' and inserting the following:
``(1) Use for state activities.--
[[Page 135 STAT. 787]]
``(A) In general.--The funds authorized''; and
(ii) by adding at the end the following:
``(B) Neighboring states.--A State, acting in
cooperation with any neighboring State, may use funds
provided under this section for a highway safety program
that may confer a benefit on the neighboring State.'';
(B) by striking paragraphs (2) and (3) and inserting
the following:
``(2) Apportionment to states.--
``(A) Definition of public road.--In this paragraph,
the term `public road' means any road that is--
``(i) subject to the jurisdiction of, and
maintained by, a public authority; and
``(ii) held open to public travel.
``(B) Apportionment.--
``(i) In general.--Except for the amounts
identified in section 403(f) and the amounts
subject to subparagraph (C), of the funds made
available under this section--
``(I) 75 percent shall be
apportioned to each State based on the
ratio that, as determined by the most
recent decennial census--
``(aa) the population of the
State; bears to
``(bb) the total population
of all States; and
``(II) 25 percent shall be
apportioned to each State based on the
ratio that, subject to clause (ii)--
``(aa) the public road
mileage in each State; bears to
``(bb) the total public road
mileage in all States.
``(ii) Calculation.--For purposes of clause
(i)(II), public road mileage shall be--
``(I) determined as of the end of
the calendar year preceding the year
during which the funds are apportioned;
``(II) <<NOTE: Certification.>>
certified by the Governor of the State;
and
``(III) subject to approval by the
Secretary.
``(C) Minimum apportionments.--The annual
apportionment under this section to--
``(i) each State shall be not less than \3/4\
of 1 percent of the total apportionment;
``(ii) the Secretary of the Interior shall be
not less than 2 percent of the total
apportionment; and
``(iii) <<NOTE: Territories.>> the United
States Virgin Islands, Guam, American Samoa, and
the Commonwealth of the Northern Mariana Islands
shall be not less than \1/4\ of 1 percent of the
total apportionment.
``(D) Penalty.--
``(i) In general.--The funds apportioned under
this section to a State that does not have
approved or in effect a highway safety program
described in subsection (a)(1) shall be reduced by
an amount equal to not less than 20 percent of the
amount that would
[[Page 135 STAT. 788]]
otherwise be apportioned to the State under this
section, until the date on which the Secretary, as
applicable--
``(I) approves such a highway safety
program; or
``(II) <<NOTE: Determination.>>
determines that the State is
implementing such a program.
``(ii) Factor for consideration.--In
determining the amount of the reduction in funds
apportioned to a State under this subparagraph,
the Secretary shall take into consideration the
gravity of the failure by the State to secure
approval, or to implement, a highway safety
program described in subsection (a)(1).
``(E) Limitations.--
``(i) In general.--A highway safety program
approved by the Secretary shall not include any
requirement that a State shall implement such a
program by adopting or enforcing any law, rule, or
regulation based on a guideline promulgated by the
Secretary under this section requiring any
motorcycle operator aged 18 years or older, or a
motorcycle passenger aged 18 years or older, to
wear a safety helmet when operating or riding a
motorcycle on the streets and highways of that
State.
``(ii) Effect of guidelines.--Nothing in this
section requires a State highway safety program to
require compliance with every uniform guideline,
or with every element of every uniform guideline,
in every State.
``(3) Reapportionment.--
``(A) <<NOTE: Approval. Determination. Deadline.>>
In general.--The Secretary shall promptly apportion to a
State any funds withheld from the State under paragraph
(2)(D) if the Secretary makes an approval or
determination, as applicable, described in that
paragraph by not later than July 31 of the fiscal year
for which the funds were withheld.
``(B) <<NOTE: Determination.>> Continuing state
failure.--If the Secretary determines that a State fails
to correct a failure to have approved or in effect a
highway safety program described in subsection (a)(1) by
the date described in subparagraph (A), the Secretary
shall reapportion the funds withheld from that State
under paragraph (2)(D) for the fiscal year to the other
States in accordance with the formula described in
paragraph (2)(B) by not later than the last day of the
fiscal year.''; and
(C) in paragraph (4)--
(i) by striking subparagraph (C);
(ii) by redesignating subparagraphs (A) and
(B) as subparagraphs (B) and (A), respectively,
and moving the subparagraphs so as to appear in
alphabetical order; and
(iii) by adding at the end the following:
``(C) Special rule for school and work zones.--
Notwithstanding subparagraph (B), a State may expend
funds apportioned to the State under this section to
carry out a program to purchase, operate, or maintain an
automated traffic enforcement system in a work zone or
school zone.
[[Page 135 STAT. 789]]
``(D) Automated traffic enforcement system
guidelines. <<NOTE: Compliance.>> --An automated traffic
enforcement system installed pursuant to subparagraph
(C) shall comply with such guidelines applicable to
speed enforcement camera systems and red light camera
systems as are established by the Secretary.'';
(6) in subsection (k)--
(A) by striking the subsection designation and
heading and all that follows through ``thereafter'' in
paragraph (1) and inserting the following:
``(k) Triennial Highway Safety Plan.--
``(1) In general.--For fiscal year 2024, and not less
frequently than once every 3 fiscal years thereafter'';
(B) in paragraph (1), by striking ``for that fiscal
year, to develop and submit to the Secretary for
approval a highway safety plan'' and inserting ``for the
3 fiscal years covered by the plan, to develop and
submit to the Secretary for approval a triennial highway
safety plan'';
(C) by striking paragraph (2) and inserting the
following:
``(2) <<NOTE: Deadline.>> Timing.--Each State shall submit
to the Secretary a triennial highway safety plan by not later
than July 1 of the fiscal year preceding the first fiscal year
covered by the plan.'';
(D) in paragraph (3), by inserting ``triennial''
before ``highway'';
(E) in paragraph (4)--
(i) in the matter preceding subparagraph (A)--
(I) by striking ``State highway
safety plans'' and inserting ``Each
State triennial highway safety plan'';
and
(II) by inserting ``, with respect
to the 3 fiscal years covered by the
plan, based on the information available
on the date of submission under
paragraph (2)'' after ``include'';
(ii) in subparagraph (A)(ii), by striking
``annual performance targets'' and inserting
``performance targets that demonstrate constant or
improved performance'';
(iii) by striking subparagraph (B) and
inserting the following:
``(B) a countermeasure strategy for programming
funds under this section for projects that will allow
the State to meet the performance targets described in
subparagraph (A), including a description--
``(i) that demonstrates the link between the
effectiveness of each proposed countermeasure
strategy and those performance targets; and
``(ii) of the manner in which each
countermeasure strategy is informed by uniform
guidelines issued by the Secretary;'';
(iv) in subparagraph (D)--
(I) by striking ``, State, local, or
private''; and
(II) by inserting ``and'' after the
semicolon at the end;
(v) in subparagraph (E)--
[[Page 135 STAT. 790]]
(I) by striking ``for the fiscal
year preceding the fiscal year to which
the plan applies,''; and
(II) by striking ``performance
targets set forth in the previous year's
highway safety plan; and'' and inserting
``performance targets set forth in the
most recently submitted highway safety
plan.''; and
(vi) by striking subparagraph (F);
(F) by striking paragraph (5) and inserting the
following:
``(5) Performance measures.--The Secretary shall develop
minimum performance measures under paragraph (4)(A) in
consultation with the Governors Highway Safety Association.'';
and
(G) in paragraph (6)--
(i) in the paragraph heading, by inserting
``triennial'' before ``highway'';
(ii) by redesignating subparagraphs (B)
through (E) as subparagraphs (C) through (F),
respectively;
(iii) in each of subparagraphs (C) through (F)
(as so redesignated), by inserting ``triennial''
before ``highway'' each place it appears; and
(iv) by striking subparagraph (A) and
inserting the following:
``(A) <<NOTE: Review. Deadline.>> In general.--
Except as provided in subparagraph (B), the Secretary
shall review and approve or disapprove a triennial
highway safety plan of a State by not later than 60 days
after the date on which the plan is received by the
Secretary.
``(B) <<NOTE: Determinations.>> Additional
information.--
``(i) In general.--The Secretary may request a
State to submit to the Secretary such additional
information as the Secretary determines to be
necessary for review of the triennial highway
safety plan of the State.
``(ii) Extension of deadline.--On providing to
a State a request for additional information under
clause (i), the Secretary may extend the deadline
to approve or disapprove the triennial highway
safety plan of the State under subparagraph (A)
for not more than an additional 90 days, as the
Secretary determines to be necessary to
accommodate that request, subject to clause (iii).
``(iii) <<NOTE: Deadline.>> Timing.--Any
additional information requested under clause (i)
shall be submitted to the Secretary by not later
than 7 business days after the date of receipt by
the State of the request.'';
(7) by inserting after subsection (k) the following:
``(l) Annual Grant Application and Reporting Requirements.--
``(1) Annual grant application.--
``(A) <<NOTE: Determination.>> In general.--To be
eligible to receive grant funds under this chapter for a
fiscal year, each State shall submit to the Secretary an
annual grant application that, as determined by the
Secretary--
``(i) demonstrates alignment with the approved
triennial highway safety plan of the State; and
[[Page 135 STAT. 791]]
``(ii) <<NOTE: Compliance.>> complies with
the requirements under this subsection.
``(B) <<NOTE: Determination.>> Timing.--The
deadline for submission of annual grant applications
under this paragraph shall be determined by the
Secretary in accordance with section 406(d)(2).
``(C) Contents.--An annual grant application under
this paragraph shall include, at a minimum--
``(i) <<NOTE: Updates. Analysis.>> such
updates, as necessary, to any analysis included in
the triennial highway safety plan of the State;
``(ii) an identification of each project and
subrecipient to be funded by the State using the
grants during the upcoming grant year, subject to
the condition that the State shall separately
submit, on a date other than the date of
submission of the annual grant application, a
description of any projects or subrecipients to be
funded, as that information becomes available;
``(iii) a description of the means by which
the strategy of the State to use grant funds was
adjusted and informed by the previous report of
the State under paragraph (2); and
``(iv) an application for any additional
grants available to the State under this chapter.
``(D) <<NOTE: Deadline.>> Review.--The Secretary
shall review and approve or disapprove an annual grant
application under this paragraph by not later than 60
days after the date of submission of the application.
``(2) Reporting requirements.--Not later than 120 days after
the end of each fiscal year for which a grant is provided to a
State under this chapter, the State shall submit to the
Secretary an annual report that includes--
``(A) <<NOTE: Assessment.>> an assessment of the
progress made by the State in achieving the performance
targets identified in the triennial highway safety plan
of the State, based on the most currently available
Fatality Analysis Reporting System data; and
``(B)(i) a description of the extent to which
progress made in achieving those performance targets is
aligned with the triennial highway safety plan of the
State; and
``(ii) if applicable, any plans of the State to
adjust a strategy for programming funds to achieve the
performance targets.'';
(8) in subsection (m)(1), by striking ``a State's highway
safety plan'' and inserting ``the applicable triennial highway
safety plan of the State''; and
(9) by striking subsection (n) and inserting the following:
``(n) Public Transparency.--
``(1) <<NOTE: Website. Deadline.>> In general.--The
Secretary shall publicly release on a Department of
Transportation website, by not later than 45 calendar days after
the applicable date of availability--
``(A) each triennial highway safety plan approved by
the Secretary under subsection (k);
``(B) each State performance target under subsection
(k); and
[[Page 135 STAT. 792]]
``(C) <<NOTE: Evaluation.>> an evaluation of State
achievement of applicable performance targets under
subsection (k).
``(2) State highway safety plan website.--
``(A) In general.--In carrying out paragraph (1),
the Secretary shall establish a public website that is
easily accessible, navigable, and searchable for the
information required under that paragraph, in order to
foster greater transparency in approved State highway
safety programs.
``(B) Contents.--The website established under
subparagraph (A) shall--
``(i) include the applicable triennial highway
safety plan, and the annual report, of each State
submitted to, and approved by, the Secretary under
subsection (k); and
``(ii) provide a means for the public to
search the website for State highway safety
program content required under subsection (k),
including--
``(I) performance measures required
by the Secretary;
``(II) progress made toward meeting
the applicable performance targets
during the preceding program year;
``(III) program areas and
expenditures; and
``(IV) a description of any sources
of funds, other than funds provided
under this section, that the State
proposes to use to carry out the
triennial highway safety plan of the
State.''.
(b) <<NOTE: 23 USC 402 note.>> Effective Date.--The amendments made
by subsection (a) shall take effect with respect to any grant
application or State highway safety plan submitted under chapter 4 of
title 23, United States Code, for fiscal year 2024 or thereafter.
SEC. 24103. HIGHWAY SAFETY RESEARCH AND DEVELOPMENT.
Section 403 of title 23, United States Code, is amended--
(1) by striking ``accident'' each place it appears and
inserting ``crash'';
(2) in subsection (b)(1), in the matter preceding
subparagraph (A), by inserting ``, training, education,'' after
``demonstration projects'';
(3) in subsection (f)(1)--
(A) by striking ``$2,500,000'' and inserting
``$3,500,000''; and
(B) by striking ``subsection 402(c) in each fiscal
year ending before October 1, 2015, and $443,989 of the
total amount available for apportionment to the States
for highway safety programs under section 402(c) in the
period beginning on October 1, 2015, and ending on
December 4, 2015,'' and inserting ``section 402(c) in
each fiscal year'';
(4) in subsection (h)--
(A) in paragraph (2), by striking ``2017 through
2021 not more than $26,560,000' to conduct the research
described in paragraph (1)'' and inserting ``2022
through 2025, not more than $45,000,000 to conduct the
research described in paragraph (2)'';
(B) in paragraph (5)(A), by striking ``section
30102(a)(6)'' and inserting ``section 30102(a)''; and
[[Page 135 STAT. 793]]
(C) by redesignating paragraphs (1), (2), (3), (4),
and (5) as paragraphs (2), (3), (4), (5), and (1),
respectively, and moving the paragraphs so as to appear
in numerical order; and
(5) by adding at the end the following:
``(k) Child Safety Campaign.--
``(1) In general.--The Secretary shall carry out an
education campaign to reduce the incidence of vehicular
heatstroke of children left in passenger motor vehicles (as
defined in section 30102(a) of title 49).
``(2) Advertising.--The Secretary may use, or authorize the
use of, funds made available to carry out this section to pay
for the development, production, and use of broadcast and print
media advertising and Internet-based outreach for the education
campaign under paragraph (1).
``(3) Coordination.--In carrying out the education campaign
under paragraph (1), the Secretary shall coordinate with--
``(A) interested State and local governments;
``(B) private industry; and
``(C) other parties, as determined by the Secretary.
``(l) Development of State Processes for Informing Consumers of
Recalls.--
``(1) Definitions.--In this subsection:
``(A) Motor vehicle.--The term `motor vehicle' has
the meaning given the term in section 30102(a) of title
49.
``(B) Open recall.--The term `open recall' means a
motor vehicle recall--
``(i) for which a notification by a
manufacturer has been provided under section 30119
of title 49; and
``(ii) that has not been remedied under
section 30120 of that title.
``(C) Program.--The term `program' means the program
established under paragraph (2)(A).
``(D) Registration.--The term `registration' means
the process for registering a motor vehicle in a State
(including registration renewal).
``(E) State.--The term `State' has the meaning given
the term in section 101(a).
``(2) Grants.--
``(A) <<NOTE: Deadline.>> Establishment of
program.--Not later than 2 years after the date of
enactment of this subsection, the Secretary shall
establish a program under which the Secretary shall
provide grants to States for use in developing and
implementing State processes for informing each
applicable owner and lessee of a motor vehicle of any
open recall on the motor vehicle at the time of
registration of the motor vehicle in the State, in
accordance with this paragraph.
``(B) Eligibility.--To be eligible to receive a
grant under the program, a State shall--
``(i) submit to the Secretary an application
at such time, in such manner, and containing such
information as the Secretary may require; and
``(ii) agree--
[[Page 135 STAT. 794]]
``(I) <<NOTE: Notification.>> to
notify each owner or lessee of a motor
vehicle presented for registration in
the State of any open recall on that
motor vehicle; and
``(II) to provide to each owner or
lessee of a motor vehicle presented for
registration, at no cost--
``(aa) the open recall
information for the motor
vehicle; and
``(bb) such other
information as the Secretary may
require.
``(C) Factors for consideration.--In selecting grant
recipients under the program, the Secretary shall take
into consideration the methodology of a State for--
``(i) identifying open recalls on a motor
vehicle;
``(ii) informing each owner and lessee of a
motor vehicle of an open recall; and
``(iii) measuring performance in--
``(I) informing owners and lessees
of open recalls; and
``(II) remedying open recalls.
``(D) Performance period.--A grant provided under
the program shall require a performance period of 2
years.
``(E) <<NOTE: Evaluation.>> Report.--Not later than
90 days after the date of completion of the performance
period under subparagraph (D), each State that receives
a grant under the program shall submit to the Secretary
a report that contains such information as the Secretary
considers to be necessary to evaluate the extent to
which open recalls have been remedied in the State.
``(F) No regulations required.--Notwithstanding any
other provision of law, the Secretary shall not be
required to issue any regulations to carry out the
program.
``(3) Paperwork reduction act.--Chapter 35 of title 44
(commonly known as the `Paperwork Reduction Act') shall not
apply to information collected under the program.
``(4) Funding.--
``(A) <<NOTE: Time period.>> In general.--For each
of fiscal years 2022 through 2026, the Secretary shall
obligate from funds made available to carry out this
section $1,500,000 to carry out the program.
``(B) Reallocation.--To ensure, to the maximum
extent practicable, that all amounts described in
subparagraph (A) are obligated each fiscal year, the
Secretary, before the last day of any fiscal year, may
reallocate any of those amounts remaining available to
increase the amounts made available to carry out any
other activities authorized under this section.
``(m) Innovative Highway Safety Countermeasures.--
``(1) <<NOTE: Evaluation.>> In general.--In conducting
research under this section, the Secretary shall evaluate the
effectiveness of innovative behavioral traffic safety
countermeasures, other than traffic enforcement, that are
considered promising or likely to be effective for the purpose
of enriching revisions to the document entitled `Countermeasures
That Work: A Highway Safety Countermeasure Guide for State
Highway Safety Offices, Ninth Edition' and numbered DOT HS 812
478 (or any successor document).
[[Page 135 STAT. 795]]
``(2) Treatment.--The research described in paragraph (1)
shall be in addition to any other research carried out under
this section.''.
SEC. 24104. HIGH-VISIBILITY ENFORCEMENT PROGRAMS.
Section 404(a) of title 23, United States Code, is amended by
striking ``each of fiscal years 2016 through 2020'' and inserting ``each
of fiscal years 2022 through 2026''.
SEC. 24105. NATIONAL PRIORITY SAFETY PROGRAMS.
(a) In General.--Section 405 of title 23, United States Code, is
amended--
(1) in subsection (a)--
(A) by striking paragraphs (6) and (9);
(B) by redesignating paragraphs (1) through (5) as
paragraphs (2) through (6), respectively;
(C) by striking the subsection designation and
heading and all that follows through ``the following:''
in the matter preceding paragraph (2) (as so
redesignated) and inserting the following:
``(a) Program Authority.--
``(1) In general.--Subject to the requirements of this
section, the Secretary shall--
``(A) manage programs to address national priorities
for reducing highway deaths and injuries; and
``(B) allocate funds for the purpose described in
subparagraph (A) in accordance with this subsection.'';
(D) in paragraph (4) (as so redesignated), by
striking ``52.5 percent'' and inserting ``53 percent'';
(E) in paragraph (7)--
(i) by striking ``5 percent'' and inserting
``7 percent''; and
(ii) by striking ``subsection (h)'' and
inserting ``subsection (g)'';
(F) by redesignating paragraphs (8) and (10) as
paragraphs (10) and (11), respectively;
(G) by inserting after paragraph (7) the following:
``(8) <<NOTE: Time periods. Allocation.>> Preventing
roadside deaths.--In each fiscal year, 1 percent of the funds
provided under this section shall be allocated among States that
meet requirements with respect to preventing roadside deaths
under subsection (h).
``(9) <<NOTE: Time periods.>> Driver officer safety
education.--In each fiscal year, 1.5 percent of the funds
provided under this section shall be allocated among States that
meet requirements with respect to driver and officer safety
education under subsection (i).''; and
(H) in paragraph (10) (as so redesignated)--
(i) by striking ``(1) through (7)'' and
inserting ``(2) through (9)''; and
(ii) by striking ``(b) through (h)'' and
inserting ``(b) through (i)'';
(2) in subsection (b)--
(A) in paragraph (1), by striking ``of
Transportation'';
(B) in paragraph (3)(B)(ii)(VI)(aa), by striking
``3-year'' and inserting ``5-year''; and
(C) in paragraph (4)--
(i) in subparagraph (A), by striking clause
(v) and inserting the following:
[[Page 135 STAT. 796]]
``(v) implement programs--
``(I) to recruit and train
nationally certified child passenger
safety technicians among police
officers, fire and other first
responders, emergency medical personnel,
and other individuals or organizations
serving low-income and underserved
populations;
``(II) to educate parents and
caregivers in low-income and underserved
populations regarding the importance of
proper use and correct installation of
child restraints on every trip in a
motor vehicle; and
``(III) to purchase and distribute
child restraints to low-income and
underserved populations; and''; and
(ii) by striking subparagraph (B) and
inserting the following:
``(B) Requirements.--Each State that is eligible to
receive funds--
``(i) under paragraph (3)(A) shall use--
``(I) not more than 90 percent of
those funds to carry out a project or
activity eligible for funding under
section 402; and
``(II) not less than 10 percent of
those funds to carry out subparagraph
(A)(v); and
``(ii) under paragraph (3)(B) shall use not
less than 10 percent of those funds to carry out
the activities described in subparagraph
(A)(v).'';
(3) in subsection (c)--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph (A),
by striking ``of Transportation''; and
(ii) in subparagraph (D), by striking
``States; and'' and inserting ``States, including
the National EMS Information System;'';
(B) in paragraph (3)--
(i) by striking the paragraph designation and
heading and all that follows through ``has a
functioning'' in subparagraph (A) and inserting
the following:
``(3) Eligibility.--A State shall not be eligible to receive
a grant under this subsection for a fiscal year unless the
State--
``(A) <<NOTE: Certification.>> has certified to the
Secretary that the State--
``(i) has a functioning'';
(ii) in subparagraph (B)--
(I) by adding ``and'' after the
semicolon at the end; and
(II) by redesignating the
subparagraph as clause (ii) of
subparagraph (A) and indenting the
clause appropriately;
(iii) in subparagraph (C)--
(I) by adding ``and'' after the
semicolon at the end; and
(II) by redesignating the
subparagraph as clause (iii) of
subparagraph (A) and indenting the
clause appropriately;
[[Page 135 STAT. 797]]
(iv) by redesignating subparagraph (D) as
subparagraph (B);
(v) in clause (vi) of subparagraph (B) (as so
redesignated), by striking ``; and'' and inserting
a period; and
(vi) by striking subparagraph (E);
(C) by striking paragraph (4) and inserting the
following:
``(4) Use of grant amounts.--A State may use a grant
received under this subsection to make data program improvements
to core highway safety databases relating to quantifiable,
measurable progress in any significant data program attribute
described in paragraph (3)(B), including through--
``(A) software or applications to identify, collect,
and report data to State and local government agencies,
and enter data into State core highway safety databases,
including crash, citation or adjudication, driver,
emergency medical services or injury surveillance
system, roadway, and vehicle data;
``(B) purchasing equipment to improve a process by
which data are identified, collated, and reported to
State and local government agencies, including
technology for use by law enforcement for near-real
time, electronic reporting of crash data;
``(C) improving the compatibility and
interoperability of the core highway safety databases of
the State with national data systems and data systems of
other States, including the National EMS Information
System;
``(D) enhancing the ability of a State and the
Secretary to observe and analyze local, State, and
national trends in crash occurrences, rates, outcomes,
and circumstances;
``(E) supporting traffic records improvement
training and expenditures for law enforcement, emergency
medical, judicial, prosecutorial, and traffic records
professionals;
``(F) hiring traffic records professionals for the
purpose of improving traffic information systems
(including a State Fatal Accident Reporting System
(FARS) liaison);
``(G) adoption of the Model Minimum Uniform Crash
Criteria, or providing to the public information
regarding why any of those criteria will not be used, if
applicable;
``(H) supporting reporting criteria relating to
emerging topics, including--
``(i) impaired driving as a result of drug,
alcohol, or polysubstance consumption; and
``(ii) advanced technologies present on motor
vehicles; and
``(I) conducting research relating to State traffic
safety information systems, including developing
programs to improve core highway safety databases and
processes by which data are identified, collected,
reported to State and local government agencies, and
entered into State core safety databases.''; and
(D) by adding at the end the following:
``(6) Technical assistance.--
``(A) In general.--The Secretary shall provide
technical assistance to States, regardless of whether a
State receives a grant under this subsection, with
respect to
[[Page 135 STAT. 798]]
improving the timeliness, accuracy, completeness,
uniformity, integration, and public accessibility of
State safety data that are needed to identify priorities
for Federal, State, and local highway and traffic safety
programs, including on adoption by a State of the Model
Minimum Uniform Crash Criteria.
``(B) Funds.--The Secretary may use not more than 3
percent of the amounts available under this subsection
to carry out subparagraph (A).'';
(4) in subsection (d)--
(A) in paragraph (4)--
(i) in subparagraph (B)--
(I) by striking clause (iii) and
inserting the following:
``(iii) court support of impaired driving
prevention efforts, including--
``(I) hiring criminal justice
professionals, including law enforcement
officers, prosecutors, traffic safety
resource prosecutors, judges, judicial
outreach liaisons, and probation
officers;
``(II) training and education of
those professionals to assist the
professionals in preventing impaired
driving and handling impaired driving
cases, including by providing
compensation to a law enforcement
officer to carry out safety grant
activities to replace a law enforcement
officer who is receiving drug
recognition expert training or
participating as an instructor in that
drug recognition expert training; and
``(III) establishing driving while
intoxicated courts;'';
(II) by striking clause (v) and
inserting the following:
``(v) improving blood alcohol and drug
concentration screening and testing, detection of
potentially impairing drugs (including through the
use of oral fluid as a specimen), and reporting
relating to testing and detection;'';
(III) in clause (vi), by striking
``conducting standardized field sobriety
training, advanced roadside impaired
driving evaluation training, and'' and
inserting ``conducting initial and
continuing standardized field sobriety
training, advanced roadside impaired
driving evaluation training, law
enforcement phlebotomy training, and'';
(IV) in clause (ix), by striking
``and'' at the end;
(V) in clause (x), by striking the
period at the end and inserting ``;
and''; and
(VI) by adding at the end the
following:
``(xi) testing and implementing programs, and
purchasing technologies, to better identify,
monitor, or treat impaired drivers, including--
``(I) oral fluid-screening
technologies;
``(II) electronic warrant programs;
[[Page 135 STAT. 799]]
``(III) equipment to increase the
scope, quantity, quality, and timeliness
of forensic toxicology chemical testing;
``(IV) case management software to
support the management of impaired
driving offenders; and
``(V) technology to monitor
impaired-driving offenders, and
equipment and related expenditures used
in connection with impaired-driving
enforcement in accordance with criteria
established by the National Highway
Traffic Safety Administration.''; and
(ii) in subparagraph (C)--
(I) in the second sentence, by
striking ``Medium-range'' and inserting
the following:
``(ii) Medium-range and high-range states.--
Subject to clause (iii), medium-range'';
(II) in the first sentence, by
striking ``Low-range'' and inserting the
following:
``(i) Low-range states.--Subject to clause
(iii), low-range''; and
(III) by adding at the end the
following:
``(iii) Reporting and impaired driving
measures.--A State may use grant funds for any
expenditure relating to--
``(I) increasing the timely and
accurate reporting to Federal, State,
and local databases of--
``(aa) crash information,
including electronic crash
reporting systems that allow
accurate real- or near-real-time
uploading of crash information;
and
``(bb) impaired driving
criminal justice information; or
``(II) researching or evaluating
impaired driving countermeasures.'';
(B) in paragraph (6)--
(i) by striking subparagraph (A) and inserting
the following:
``(A) <<NOTE: Time periods.>> Grants to states with
alcohol-ignition interlock laws.--The Secretary shall
make a separate grant under this subsection to each
State that--
``(i) adopts, and is enforcing, a mandatory
alcohol-ignition interlock law for all individuals
convicted of driving under the influence of
alcohol or of driving while intoxicated;
``(ii) does not allow an individual convicted
of driving under the influence of alcohol or of
driving while intoxicated to receive any driving
privilege or driver's license unless the
individual installs on each motor vehicle
registered, owned, or leased for operation by the
individual an ignition interlock for a period of
not less than 180 days; or
``(iii) has in effect, and is enforcing--
``(I) a State law requiring for any
individual who is convicted of, or the
driving privilege of whom is revoked or
denied for, refusing to submit to a
chemical or other appropriate test for
the
[[Page 135 STAT. 800]]
purpose of determining the presence or
concentration of any intoxicating
substance, a State law requiring a
period of not less than 180 days of
ignition interlock installation on each
motor vehicle to be operated by the
individual; and
``(II) a compliance-based removal
program, under which an individual
convicted of driving under the influence
of alcohol or of driving while
intoxicated shall--
``(aa) satisfy a period of
not less than 180 days of
ignition interlock installation
on each motor vehicle to be
operated by the individual; and
``(bb) have completed a
minimum consecutive period of
not less than 40 percent of the
required period of ignition
interlock installation
immediately preceding the date
of release of the individual,
without a confirmed
violation.''; and
(ii) in subparagraph (D), by striking ``2009''
and inserting ``2022''; and
(C) in paragraph (7)(A), in the matter preceding
clause (i), by inserting ``or local'' after ``authorizes
a State'';
(5) in subsection (e)--
(A) by striking paragraphs (6) and (8);
(B) by redesignating paragraphs (1), (2), (3), (4),
(5), (7), and (9) as paragraphs (2), (4), (6), (7), (8),
(9), and (1), respectively, and moving the paragraphs so
as to appear in numerical order;
(C) in paragraph (1) (as so redesignated)--
(i) in the matter preceding subparagraph (A),
by striking ``, the following definitions apply'';
(ii) by striking subparagraph (B) and
inserting the following:
``(B) <<NOTE: Definition.>> Personal wireless
communications device.--
``(i) In general.--The term `personal wireless
communications device' means--
``(I) a device through which
personal wireless services (as defined
in section 332(c)(7)(C) of the
Communications Act of 1934 (47 U.S.C.
332(c)(7)(C))) are transmitted; and
``(II) a mobile telephone or other
portable electronic communication device
with which a user engages in a call or
writes, sends, or reads a text message
using at least 1 hand.
``(ii) Exclusion.--The term `personal wireless
communications device' does not include a global
navigation satellite system receiver used for
positioning, emergency notification, or navigation
purposes.''; and
(iii) <<NOTE: Definitions.>> by striking
subparagraph (E) and inserting the following:
``(E) Text.--The term `text' means--
``(i) to read from, or manually to enter data
into, a personal wireless communications device,
including
[[Page 135 STAT. 801]]
for the purpose of SMS texting, emailing, instant
messaging, or any other form of electronic data
retrieval or electronic data communication; and
``(ii) manually to enter, send, or retrieve a
text message to communicate with another
individual or device.
``(F) Text message.--
``(i) In general.--The term `text message'
means--
``(I) a text-based message;
``(II) an instant message;
``(III) an electronic message; and
``(IV) email.
``(ii) Exclusions.--The term `text message'
does not include--
``(I) an emergency, traffic, or
weather alert; or
``(II) a message relating to the
operation or navigation of a motor
vehicle.'';
(D) by striking paragraph (2) (as so redesignated)
and inserting the following:
``(2) Grant program.--The Secretary shall provide a grant
under this subsection to any State that includes distracted
driving awareness as part of the driver's license examination of
the State.
``(3) Allocation.--
``(A) In general.--For each fiscal year, not less
than 50 percent of the amounts made available to carry
out this subsection shall be allocated to States, based
on the proportion that--
``(i) the apportionment of the State under
section 402 for fiscal year 2009; bears to
``(ii) the apportionment of all States under
section 402 for that fiscal year.
``(B) Grants for states with distracted driving
laws.--
``(i) In general.--In addition to the
allocations under subparagraph (A), for each
fiscal year, not more than 50 percent of the
amounts made available to carry out this
subsection shall be allocated to States that enact
and enforce a law that meets the requirements of
paragraph (4), (5), or (6)--
``(I) based on the proportion that--
``(aa) the apportionment of
the State under section 402 for
fiscal year 2009; bears to
``(bb) the apportionment of
all States under section 402 for
that fiscal year; and
``(II) subject to clauses (ii),
(iii), and (iv), as applicable.
``(ii) Primary laws.--Subject to clause (iv),
in the case of a State that enacts and enforces a
law that meets the requirements of paragraph (4),
(5), or (6) as a primary offense, the allocation
to the State under this subparagraph shall be 100
percent of the amount calculated to be allocated
to the State under clause (i)(I).
``(iii) Secondary laws.--Subject to clause
(iv), in the case of a State that enacts and
enforces a law
[[Page 135 STAT. 802]]
that meets the requirements of paragraph (4), (5),
or (6) as a secondary enforcement action, the
allocation to the State under this subparagraph
shall be an amount equal to 50 percent of the
amount calculated to be allocated to the State
under clause (i)(I).
``(iv) Texting while driving.--Notwithstanding
clauses (ii) and (iii), the allocation under this
subparagraph to a State that enacts and enforces a
law that prohibits a driver from viewing a
personal wireless communications device (except
for purposes of navigation) shall be 25 percent of
the amount calculated to be allocated to the State
under clause (i)(I).'';
(E) in paragraph (4) (as so redesignated)--
(i) in the matter preceding subparagraph (A),
by striking ``set forth in this'' and inserting
``of this'';
(ii) by striking subparagraph (B);
(iii) by redesignating subparagraphs (C) and
(D) as subparagraphs (B) and (C), respectively;
(iv) in subparagraph (B) (as so redesignated),
by striking ``minimum''; and
(v) in subparagraph (C) (as so redesignated),
by striking ``text through a personal wireless
communication device'' and inserting ``use a
personal wireless communications device for
texting'';
(F) by inserting after paragraph (4) (as so
redesignated) the following:
``(5) Prohibition on handheld phone use while driving.--A
State law meets the requirements of this paragraph if the law--
``(A) prohibits a driver from holding a personal
wireless communications device while driving;
``(B) establishes a fine for a violation of that
law; and
``(C) does not provide for an exemption that
specifically allows a driver to use a personal wireless
communications device for texting while stopped in
traffic.'';
(G) in paragraph (6) (as so redesignated)--
(i) in the matter preceding subparagraph (A),
by striking ``set forth in this'' and inserting
``of this'';
(ii) in subparagraph (A)(ii), by striking
``set forth in subsection (g)(2)(B)'';
(iii) by striking subparagraphs (B) and (D);
(iv) by redesignating subparagraph (C) as
subparagraph (B);
(v) in subparagraph (B) (as so redesignated),
by striking ``minimum''; and
(vi) by adding at the end the following:
``(C) does not provide for--
``(i) an exemption that specifically allows a
driver to use a personal wireless communications
device for texting while stopped in traffic; or
``(ii) an exemption described in paragraph
(7)(E).''; and
(H) in paragraph (7) (as so redesignated)--
(i) in the matter preceding subparagraph (A),
by striking ``set forth in paragraph (2) or (3)''
and inserting ``of paragraph (4), (5), or (6)'';
[[Page 135 STAT. 803]]
(ii) by striking subparagraph (A) and
inserting the following:
``(A) a driver who uses a personal wireless
communications device during an emergency to contact
emergency services to prevent injury to persons or
property;'';
(iii) in subparagraph (C), by striking ``and''
at the end;
(iv) by redesignating subparagraph (D) as
subparagraph (F); and
(v) by inserting after subparagraph (C) the
following:
``(D) a driver who uses a personal wireless
communications device for navigation;
``(E) except for a law described in paragraph (6),
the use of a personal wireless communications device--
``(i) in a hands-free manner;
``(ii) with a hands-free accessory; or
``(iii) with the activation or deactivation of
a feature or function of the personal wireless
communications device with the motion of a single
swipe or tap of the finger of the driver; and'';
(6) in subsection (f)(3)--
(A) in subparagraph (A)(i), by striking ``accident''
and inserting ``crash'';
(B) by redesignating subparagraphs (C) through (F)
as subparagraphs (D) through (G), respectively;
(C) by inserting after subparagraph (B) the
following:
``(C) Helmet law.--A State law requiring the use of
a helmet for each motorcycle rider under the age of
18.''; and
(D) in subparagraph (F) (as so redesignated), in the
subparagraph heading, by striking ``accidents'' and
inserting ``crashes'';
(7) by striking subsection (g);
(8) by redesignating subsection (h) as subsection (g);
(9) in subsection (g) (as so redesignated)--
(A) by redesignating paragraphs (1) through (5) as
paragraphs (2) through (6), respectively;
(B) by inserting before paragraph (2) (as so
redesignated) the following:
``(1) Definition of nonmotorized road user.--In this
subsection, the term `nonmotorized road user' means--
``(A) a pedestrian;
``(B) an individual using a nonmotorized mode of
transportation, including a bicycle, a scooter, or a
personal conveyance; and
``(C) an individual using a low-speed or low-
horsepower motorized vehicle, including an electric
bicycle, electric scooter, personal mobility assistance
device, personal transporter, or all-terrain vehicle.'';
(C) in paragraph (2) (as so redesignated), by
striking ``pedestrian and bicycle fatalities and
injuries that result from crashes involving a motor
vehicle'' and inserting ``nonmotorized road user
fatalities involving a motor vehicle in transit on a
trafficway'';
[[Page 135 STAT. 804]]
(D) in paragraph (4) (as so redesignated), by
striking ``pedestrian and bicycle'' and inserting
``nonmotorized road user''; and
(E) by striking paragraph (5) (as so redesignated)
and inserting the following:
``(5) Use of grant amounts.--Grant funds received by a State
under this subsection may be used for the safety of nonmotorized
road users, including--
``(A) training of law enforcement officials relating
to nonmotorized road user safety, State laws applicable
to nonmotorized road user safety, and infrastructure
designed to improve nonmotorized road user safety;
``(B) carrying out a program to support enforcement
mobilizations and campaigns designed to enforce State
traffic laws applicable to nonmotorized road user
safety;
``(C) public education and awareness programs
designed to inform motorists and nonmotorized road users
regarding--
``(i) nonmotorized road user safety, including
information relating to nonmotorized mobility and
the importance of speed management to the safety
of nonmotorized road users;
``(ii) the value of the use of nonmotorized
road user safety equipment, including lighting,
conspicuity equipment, mirrors, helmets, and other
protective equipment, and compliance with any
State or local laws requiring the use of that
equipment;
``(iii) State traffic laws applicable to
nonmotorized road user safety, including the
responsibilities of motorists with respect to
nonmotorized road users; and
``(iv) infrastructure designed to improve
nonmotorized road user safety; and
``(D) <<NOTE: Data.>> the collection of data, and
the establishment and maintenance of data systems,
relating to nonmotorized road user traffic
fatalities.''; and
(10) by adding at the end the following:
``(h) Preventing Roadside Deaths.--
``(1) In general.--The Secretary shall provide grants to
States to prevent death and injury from crashes involving motor
vehicles striking other vehicles and individuals stopped at the
roadside.
``(2) Federal share.--The Federal share of the cost of
carrying out an activity funded through a grant under this
subsection may not exceed 80 percent.
``(3) <<NOTE: Plan.>> Eligibility.--A State shall receive a
grant under this subsection in a fiscal year if the State
submits to the Secretary a plan that describes the method by
which the State will use grant funds in accordance with
paragraph (4).
``(4) Use of funds.--Amounts received by a State under this
subsection shall be used by the State--
``(A) to purchase and deploy digital alert
technology that--
``(i) is capable of receiving alerts regarding
nearby first responders; and
``(ii) in the case of a motor vehicle that is
used for emergency response activities, is capable
of sending
[[Page 135 STAT. 805]]
alerts to civilian drivers to protect first
responders on the scene and en route;
``(B) to educate the public regarding the safety of
vehicles and individuals stopped at the roadside in the
State through public information campaigns for the
purpose of reducing roadside deaths and injury;
``(C) for law enforcement costs relating to
enforcing State laws to protect the safety of vehicles
and individuals stopped at the roadside;
``(D) for programs to identify, collect, and report
to State and local government agencies data relating to
crashes involving vehicles and individuals stopped at
the roadside; and
``(E) to pilot and incentivize measures, including
optical visibility measures, to increase the visibility
of stopped and disabled vehicles.
``(5) Grant amount.--The allocation of grant funds to a
State under this subsection for a fiscal year shall be in
proportion to the apportionment of that State under section 402
for fiscal year 2022.
``(i) Driver and Officer Safety Education.--
``(1) Definition of peace officer.--In this subsection, the
term `peace officer' includes any individual--
``(A) who is an elected, appointed, or employed
agent of a government entity;
``(B) who has the authority--
``(i) to carry firearms; and
``(ii) to make warrantless arrests; and
``(C) whose duties involve the enforcement of
criminal laws of the United States.
``(2) Grants.--Subject to the requirements of this
subsection, the Secretary shall provide grants to--
``(A) States that enact or adopt a law or program
described in paragraph (4); and
``(B) qualifying States under paragraph (7).
``(3) Federal share.--The Federal share of the cost of
carrying out an activity funded through a grant under this
subsection may not exceed 80 percent.
``(4) Description of law or program.--A law or program
referred to in paragraph (2)(A) is a law or program that
requires 1 or more of the following:
``(A) Driver education and driving safety courses.--
The inclusion, in driver education and driver safety
courses provided to individuals by educational and motor
vehicle agencies of the State, of instruction and
testing relating to law enforcement practices during
traffic stops, including information relating to--
``(i) the role of law enforcement and the
duties and responsibilities of peace officers;
``(ii) the legal rights of individuals
concerning interactions with peace officers;
``(iii) best practices for civilians and peace
officers during those interactions;
``(iv) the consequences for failure of an
individual or officer to comply with the law or
program; and
``(v) how and where to file a complaint
against, or a compliment relating to, a peace
officer.
[[Page 135 STAT. 806]]
``(B) Peace officer training programs.--Development
and implementation of a training program, including
instruction and testing materials, for peace officers
and reserve law enforcement officers (other than
officers who have received training in a civilian course
described in subparagraph (A)) with respect to proper
interaction with civilians during traffic stops.
``(5) Use of funds.--A State may use a grant provided under
this subsection for--
``(A) the production of educational materials and
training of staff for driver education and driving
safety courses and peace officer training described in
paragraph (4); and
``(B) the implementation of a law or program
described in paragraph (4).
``(6) Grant amount.--The allocation of grant funds to a
State under this subsection for a fiscal year shall be in
proportion to the apportionment of that State under section 402
for fiscal year 2022.
``(7) Special rule for certain states.--
``(A) Definition of qualifying state.--In this
paragraph, the term `qualifying State' means a State
that--
``(i) has received a grant under this
subsection for a period of not more than 5 years;
and
``(ii) as determined by the Secretary--
``(I) has not fully enacted or
adopted a law or program described in
paragraph (4); but
``(II)(aa) has taken meaningful
steps toward the full implementation of
such a law or program; and
``(bb) has established a timetable
for the implementation of such a law or
program.
``(B) Withholding.--The Secretary shall--
``(i) withhold 50 percent of the amount that
each qualifying State would otherwise receive
under this subsection if the qualifying State were
a State described in paragraph (2)(A); and
``(ii) direct any amounts withheld under
clause (i) for distribution among the States that
are enforcing and carrying out a law or program
described in paragraph (4).''.
(b) Technical Amendment.--Section 4010(2) of the FAST Act (23 U.S.C.
405 note; Public Law 114-94) is amended by inserting ``all'' before
``deficiencies''.
(c) <<NOTE: 23 USC 405 note.>> Effective Date.--The amendments made
by subsection (a) shall take effect with respect to any grant
application or State highway safety plan submitted under chapter 4 of
title 23, United States Code, for fiscal year 2024 or thereafter.
SEC. 24106. MULTIPLE SUBSTANCE-IMPAIRED DRIVING PREVENTION.
(a) Impaired Driving Countermeasures.--Section 154(c)(1) of title
23, United States Code, is amended by striking ``alcohol-impaired'' each
place it appears and inserting ``impaired''.
(b) Comptroller General Study of National DUI Reporting.--
(1) In general.--The Comptroller General of the United
States shall conduct a study of the reporting of impaired
driving
[[Page 135 STAT. 807]]
arrest and citation data into Federal databases and the
interstate sharing of information relating to impaired driving-
related convictions and license suspensions to facilitate the
widespread identification of repeat impaired driving offenders.
(2) <<NOTE: Assessment. Data.>> Inclusions.--The study
conducted under paragraph (1) shall include a detailed
assessment of--
(A) the extent to which State and local criminal
justice agencies are reporting impaired driving arrest
and citation data to Federal databases;
(B) barriers--
(i) at the Federal, State, and local levels,
to the reporting of impaired driving arrest and
citation data to Federal databases; and
(ii) to the use of those databases by criminal
justice agencies;
(C) Federal, State, and local resources available to
improve the reporting and sharing of impaired driving
data; and
(D) <<NOTE: Recommenda- tions.>> any options or
recommendations for actions that Federal agencies or
Congress could take to further improve the reporting and
sharing of impaired driving data.
(3) Report.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General shall submit to
the appropriate committees of Congress a report describing the
results of the study conducted under this subsection.
SEC. 24107. MINIMUM PENALTIES FOR REPEAT OFFENDERS FOR DRIVING
WHILE INTOXICATED OR DRIVING UNDER THE
INFLUENCE.
Section 164(b)(1) of title 23, United States Code, is amended--
(1) in subparagraph (A), by striking ``alcohol-impaired''
and inserting ``alcohol- or multiple substance-impaired''; and
(2) in subparagraph (B)--
(A) by striking ``intoxicated or driving'' and
inserting ``intoxicated, driving while multiple
substance-impaired, or driving''; and
(B) by striking ``alcohol-impaired'' and inserting
``alcohol- or multiple substance-impaired''.
SEC. 24108. <<NOTE: 23 USC 405 note.>> CRASH DATA.
(a) <<NOTE: Deadline.>> In General.--Not later than 3 years after
the date of enactment of this Act, the Secretary shall revise the crash
data collection system to include the collection of crash report data
elements that distinguish individual personal conveyance vehicles, such
as electric scooters and bicycles, from other vehicles involved in a
crash.
(b) Coordination.--In carrying out subsection (a), the Secretary may
coordinate with States to update the Model Minimum Uniform Crash
Criteria to provide guidance to States regarding the collection of
information and data elements for the crash data collection system.
(c) Vulnerable Road Users.--
(1) Update.--Based on the information contained in the
vulnerable road user safety assessments required by subsection
(f) of section 32302 of title 49, United States Code (as added
by section 24213(b)(2)), the Secretary shall modify existing
[[Page 135 STAT. 808]]
crash data collection systems to include the collection of
additional crash report data elements relating to vulnerable
road user safety.
(2) <<NOTE: Coordination.>> Injury health data.--The
Secretary shall coordinate with the Director of the Centers for
Disease Control and Prevention to develop and implement a plan
for States to combine highway crash data and injury health data
to produce a national database of pedestrian injuries and
fatalities, disaggregated by demographic characteristics.
(d) State Electronic Data Collection.--
(1) Definitions.--In this subsection:
(A) Electronic data transfer.--The term ``electronic
data transfer'' means a protocol for automated
electronic transfer of State crash data to the National
Highway Traffic Safety Administration.
(B) State.--The term ``State'' means--
(i) each of the 50 States;
(ii) the District of Columbia;
(iii) the Commonwealth of Puerto Rico;
(iv) the United States Virgin Islands;
(v) Guam;
(vi) American Samoa;
(vii) the Commonwealth of the Northern Mariana
Islands; and
(viii) the Secretary of the Interior, acting
on behalf of an Indian Tribe.
(2) Establishment of program.--The Secretary shall establish
a program under which the Secretary shall--
(A) <<NOTE: Grants.>> provide grants for the
modernization of State data collection systems to enable
full electronic data transfer under paragraph (3); and
(B) upgrade the National Highway Traffic Safety
Administration system to manage and support State
electronic data transfers relating to crashes under
paragraph (4).
(3) State grants.--
(A) In general.--The Secretary shall provide grants
to States to upgrade and standardize State crash data
systems to enable electronic data collection, intrastate
data sharing, and electronic data transfers to the
National Highway Traffic Safety Administration to
increase the accuracy, timeliness, and accessibility of
the data, including data relating to fatalities
involving vulnerable road users.
(B) <<NOTE: Plan. Deadline.>> Eligibility.--A State
shall be eligible to receive a grant under this
paragraph if the State submits to the Secretary an
application, at such time, in such manner, and
containing such information as the Secretary may
require, that includes a plan to implement full
electronic data transfer to the National Highway Traffic
Safety Administration by not later than 5 years after
the date on which the grant is provided.
(C) Use of funds.--A grant provided under this
paragraph may be used for the costs of--
(i) equipment to upgrade a statewide crash
data repository;
(ii) adoption of electronic crash reporting by
law enforcement agencies; and
[[Page 135 STAT. 809]]
(iii) increasing alignment of State crash data
with the latest Model Minimum Uniform Crash
Criteria.
(D) Federal share.--The Federal share of the cost of
a project funded with a grant under this paragraph may
be up to 80 percent.
(4) National highway traffic safety administration system
upgrade.--The Secretary shall manage and support State
electronic data transfers relating to vehicle crashes by--
(A) increasing the capacity of the National Highway
Traffic Safety Administration system; and
(B) <<NOTE: Public information.>> making State
crash data accessible to the public.
(e) Crash Investigation Sampling System.--The Secretary may use
funds made available to carry out this section to enhance the collection
of crash data by upgrading the Crash Investigation Sampling System to
include--
(1) additional program sites;
(2) an expanded scope that includes all crash types; and
(3) on-scene investigation protocols.
(f) <<NOTE: Time periods.>> Authorization of Appropriations.--There
is authorized to be appropriated to the Secretary to carry out this
section $150,000,000 for each of fiscal years 2022 through 2026, to
remain available for a period of 3 fiscal years following the fiscal
year for which the amounts are appropriated.
SEC. 24109. REVIEW OF MOVE OVER OR SLOW DOWN LAW PUBLIC AWARENESS.
(a) Definition of Move Over or Slow Down Law.--In this section, the
term ``Move Over or Slow Down Law'' means any Federal or State law
intended to ensure first responder and motorist safety by requiring
motorists to change lanes or slow down when approaching an authorized
emergency vehicle that is stopped or parked on or next to a roadway with
emergency lights activated.
(b) Study.--
(1) In general.--The Comptroller General of the United
States shall carry out a study of the efficacy of Move Over or
Slow Down Laws and related public awareness campaigns.
(2) Inclusions.--The study under paragraph (1) shall
include--
(A) <<NOTE: Review.>> a review of each Federal and
State Move Over or Slow Down Law, including--
(i) penalties associated with the Move Over or
Slow Down Laws;
(ii) the level of enforcement of Move Over or
Slow Down Laws; and
(iii) the applicable class of vehicles that
triggers Move Over or Slow Down Laws.
(B) an identification and description of each
Federal and State public awareness campaign relating to
Move Over or Slow Down Laws; and
(C) a description of the role of the Department in
supporting State efforts with respect to Move Over or
Slow Down Laws, such as conducting research, collecting
data, or supporting public awareness or education
efforts.
[[Page 135 STAT. 810]]
(c) Report.--On completion of the study under subsection (b), the
Comptroller General shall submit to the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives a report that describes--
(1) the findings of the study; and
(2) <<NOTE: Recommenda- tions.>> any recommendations to
improve public awareness campaigns, research, or education
efforts relating to the issues described in subsection (b)(2).
SEC. 24110. REVIEW OF LAWS, SAFETY MEASURES, AND TECHNOLOGIES
RELATING TO SCHOOL BUSES.
(a) Review of Illegal Passing Laws.--
(1) <<NOTE: Reports.>> In general.--Not later than 2 years
after the date of enactment of this Act, the Secretary shall
prepare a report that--
(A) identifies and describes all illegal passing
laws in each State relating to school buses, including--
(i) the level of enforcement of those laws;
(ii) the penalties associated with those laws;
(iii) any issues relating to the enforcement
of those laws; and
(iv) the effectiveness of those laws;
(B) reviews existing State laws that may inhibit the
effectiveness of safety countermeasures in school bus
loading zones, such as--
(i) laws that require the face of a driver to
be visible in an image captured by a camera if
enforcement action is to be taken based on that
image;
(ii) laws that may reduce stop-arm camera
effectiveness;
(iii) the need for a law enforcement officer
to witness an event for enforcement action to be
taken; and
(iv) the lack of primary enforcement for
texting and driving offenses;
(C) identifies the methods used by each State to
review, document, and report to law enforcement school
bus stop-arm violations; and
(D) identifies best practices relating to the most
effective approaches to address the illegal passing of
school buses.
(2) <<NOTE: Public information. Web posting.>>
Publication.--The report under paragraph (1) shall be made
publicly available on the website of the Department.
(b) <<NOTE: 23 USC 402 note.>> Public Safety Messaging Campaign.--
(1) <<NOTE: Deadline.>> In general.--Not later than 1 year
after the date of enactment of this Act, the Secretary shall
establish and implement a public safety messaging campaign that
uses public safety media messages, posters, digital media
messages, and other media messages distributed to States, State
departments of motor vehicles, schools, and other public
outlets--
(A) to highlight the importance of addressing the
illegal passing of school buses; and
(B) to educate students and the public regarding the
safe loading and unloading of schools buses.
(2) Consultation.--In carrying out paragraph (1), the
Secretary shall consult with--
[[Page 135 STAT. 811]]
(A) representatives of the school bus industry from
the public and private sectors; and
(B) States.
(3) Updates.--The Secretary shall periodically update the
materials used in the campaign under paragraph (1).
(c) Review of Technologies.--
(1) <<NOTE: Reports. Evaluation.>> In general.--Not later
than 2 years after the date of enactment of this Act, the
Secretary shall review and evaluate the effectiveness of various
technologies for enhancing school bus safety, including
technologies such as--
(A) cameras;
(B) audible warning systems; and
(C) enhanced lighting.
(2) Inclusions.--The review under paragraph (1)--
(A) <<NOTE: Assessments.>> shall include--
(i) an assessment of--
(I) the costs of acquiring and
operating new equipment;
(II) the potential impact of that
equipment on overall school bus
ridership; and
(III) motion-activated detection
systems capable of--
(aa) detecting pedestrians,
cyclists, and other road users
located near the exterior of the
school bus; and
(bb) alerting the operator
of the school bus of those road
users;
(ii) an assessment of the impact of advanced
technologies designed to improve loading zone
safety; and
(iii) an assessment of the effectiveness of
school bus lighting systems at clearly
communicating to surrounding drivers the
appropriate actions those drivers should take; and
(B) <<NOTE: Evaluation.>> may include an evaluation
of any technological solutions that may enhance school
bus safety outside the school bus loading zone.
(3) Consultation.--In carrying out the review under
paragraph (1), the Secretary shall consult with--
(A) manufacturers of school buses;
(B) manufacturers of various technologies that may
enhance school bus safety; and
(C) representatives of the school bus industry from
the public and private sectors.
(4) <<NOTE: Public information. Web posting.>>
Publication.--The Secretary shall make the findings of the
review under paragraph (1) publicly available on the website of
the Department.
(d) Review of Driver Education Materials.--
(1) <<NOTE: Deadline.>> In general.--Not later than 2 years
after the date of enactment of this Act, the Secretary shall--
(A) review driver manuals, handbooks, and other
materials in all States to determine whether and the
means by which illegal passing of school buses is
addressed in those driver materials, including in--
(i) testing for noncommercial driver's
licenses; and
(ii) road tests; and
[[Page 135 STAT. 812]]
(B) <<NOTE: Recommenda- tions.>> make
recommendations on methods by which States can improve
education regarding the illegal passing of school buses,
particularly for new drivers.
(2) Consultation.--In carrying out paragraph (1), the
Secretary shall consult with--
(A) representatives of the school bus industry from
the public and private sectors;
(B) States;
(C) State motor vehicle administrators or senior
State executives responsible for driver licensing; and
(D) other appropriate motor vehicle experts.
(3) <<NOTE: Public information. Web posting.>>
Publication.--The Secretary shall make the findings of the
review under paragraph (1) publicly available on the website of
the Department.
(e) Review of Other Safety Issues.--
(1) <<NOTE: Research and development. Reports.>> In
general.--Not later than 2 years after the date of enactment of
this Act, the Secretary shall research and prepare a report
describing any relationship between the illegal passing of
school buses and other safety issues, including issues such as--
(A) distracted driving;
(B) poor visibility, such as morning darkness;
(C) illumination and reach of vehicle headlights;
(D) speed limits; and
(E) characteristics associated with school bus
stops, including the characteristics of school bus stops
in rural areas.
(2) <<NOTE: Public information. Web posting.>>
Publication.--The Secretary shall make the report under
paragraph (1) publicly available on the website of the
Department.
SEC. 24111. MOTORCYCLIST ADVISORY COUNCIL.
(a) In General.--Subchapter III of chapter 3 of title 49, United
States Code, is amended by adding at the end the following:
``Sec. 355. <<NOTE: 49 USC 355.>> Motorcyclist Advisory Council
``(a) <<NOTE: Deadline.>> Establishment.--Not later than 90 days
after the date of enactment of this section, the Secretary of
Transportation (referred to in this section as the `Secretary') shall
establish a council, to be known as the `Motorcyclist Advisory Council'
(referred to in this section as the `Council').
``(b) Membership.--
``(1) <<NOTE: Appointments.>> In general.--The Council
shall be comprised of 13 members, to be appointed by the
Secretary, of whom--
``(A) 5 shall be representatives of units of State
or local government with expertise relating to highway
engineering and safety issues, including--
``(i) motorcycle and motorcyclist safety;
``(ii) barrier and road design, construction,
and maintenance; or
``(iii) intelligent transportation systems;
``(B) 1 shall be a motorcyclist who serves as a
State or local--
``(i) traffic and safety engineer;
``(ii) design engineer; or
``(iii) other transportation department
official;
[[Page 135 STAT. 813]]
``(C) 1 shall be a representative of a national
association of State transportation officials;
``(D) 1 shall be a representative of a national
motorcyclist association;
``(E) 1 shall be a representative of a national
motorcyclist foundation;
``(F) 1 shall be a representative of a national
motorcycle manufacturing association;
``(G) 1 shall be a representative of a motorcycle
manufacturing company headquartered in the United
States;
``(H) 1 shall be a roadway safety data expert with
expertise relating to crash testing and analysis; and
``(I) 1 shall be a member of a national safety
organization that represents the traffic safety systems
industry.
``(2) Term.--
``(A) In general.--Subject to subparagraphs (B) and
(C), each member shall serve on the Council for a single
term of 2 years.
``(B) Additional term.--If a successor is not
appointed for a member of the Council before the
expiration of the term of service of the member, the
member may serve on the Council for a second term of not
longer than 2 years.
``(C) Appointment of replacements.--If a member of
the Council resigns before the expiration of the 2-year
term of service of the member--
``(i) the Secretary may appoint a replacement
for the member, who shall serve the remaining
portion of the term; and
``(ii) the resigning member may continue to
serve after resignation until the date on which a
successor is appointed.
``(3) Vacancies.--A vacancy on the Council shall be filled
in the manner in which the original appointment was made.
``(4) Compensation.--A member of the Council shall serve
without compensation.
``(c) Duties.--
``(1) Advising.--The Council shall advise the Secretary, the
Administrator of the National Highway Traffic Safety
Administration, and the Administrator of the Federal Highway
Administration regarding transportation safety issues of concern
to motorcyclists, including--
``(A) motorcycle and motorcyclist safety;
``(B) barrier and road design, construction, and
maintenance practices; and
``(C) the architecture and implementation of
intelligent transportation system technologies.
``(2) <<NOTE: Recommenda- tions.>> Biennial report.--Not
later than October 31 of the calendar year following the
calendar year in which the Council is established, and not less
frequently than once every 2 years thereafter, the Council shall
submit to the Secretary a report containing recommendations of
the Council regarding the issues described in paragraph (1).
``(d) Duties of Secretary.--
``(1) Council recommendations.--
[[Page 135 STAT. 814]]
``(A) <<NOTE: Determination.>> In general.--The
Secretary shall determine whether to accept or reject a
recommendation contained in a report of the Council
under subsection (c)(2).
``(B) Inclusion in review.--
``(i) In general.--The Secretary shall
indicate in each review under paragraph (2)
whether the Secretary accepts or rejects each
recommendation of the Council covered by the
review.
``(ii) Exception.--The Secretary may indicate
in a review under paragraph (2) that a
recommendation of the Council is under
consideration, subject to the condition that a
recommendation so under consideration shall be
accepted or rejected by the Secretary in the
subsequent review of the Secretary under paragraph
(2).
``(2) Review.--
``(A) <<NOTE: Deadline.>> In general.--Not later
than 60 days after the date on which the Secretary
receives a report from the Council under subsection
(c)(2), the Secretary shall submit a review describing
the response of the Secretary to the recommendations of
the Council contained in the Council report to--
``(i) the Committee on Commerce, Science, and
Transportation of the Senate;
``(ii) the Committee on Environment and Public
Works of the Senate;
``(iii) the Subcommittee on Transportation,
Housing and Urban Development, and Related
Agencies of the Committee on Appropriations of the
Senate;
``(iv) the Committee on Transportation and
Infrastructure of the House of Representatives;
and
``(v) the Subcommittee on Transportation,
Housing and Urban Development, and Related
Agencies of the Committee on Appropriations of the
House of Representatives.
``(B) Contents.--A review of the Secretary under
this paragraph shall include a description of--
``(i) each recommendation contained in the
Council report covered by the review; and
``(ii)(I) each recommendation of the Council
that was categorized under paragraph (1)(B)(ii) as
being under consideration by the Secretary in the
preceding review submitted under this paragraph;
and
``(II) for each such recommendation, whether
the recommendation--
``(aa) is accepted or rejected by
the Secretary; or
``(bb) remains under consideration
by the Secretary.
``(3) Administrative and technical support.--The Secretary
shall provide to the Council such administrative support, staff,
and technical assistance as the Secretary determines to be
necessary to carry out the duties of the Council under this
section.
``(e) Termination.--The Council shall terminate on the date that is
6 years after the date on which the Council is established under
subsection (a).''.
[[Page 135 STAT. 815]]
(b) Clerical Amendment.--The analysis for subchapter III of chapter
3 of title 49, United States Code, <<NOTE: 49 USC 301 prec.>> is amended
by inserting after the item relating to section 354 the following:
``355. Motorcyclist Advisory Council.''.
(c) Conforming Amendments.--
(1) <<NOTE: Repeal.>> Section 1426 of the FAST Act (23
U.S.C. 101 note; Public Law 114-94) is repealed.
(2) The table of contents for the FAST Act (Public Law 114-
94; 129 Stat. 1313) is amended by striking the item relating to
section 1426.
SEC. 24112. <<NOTE: 23 USC 402 note.>> SAFE STREETS AND ROADS FOR
ALL GRANT PROGRAM.
(a) Definitions.--In this section:
(1) Comprehensive safety action plan.--The term
``comprehensive safety action plan'' means a plan aimed at
preventing transportation-related fatalities and serious
injuries in a locality, commonly referred to as a ``Vision
Zero'' or ``Toward Zero Deaths'' plan, that may include--
(A) a goal and timeline for eliminating fatalities
and serious injuries;
(B) an analysis of the location and severity of
vehicle-involved crashes in a locality;
(C) an analysis of community input, gathered through
public outreach and education;
(D) a data-driven approach to identify projects or
strategies to prevent fatalities and serious injuries in
a locality, such as those involving--
(i) education and community outreach;
(ii) effective methods to enforce traffic laws
and regulations;
(iii) new vehicle or other transportation-
related technologies; and
(iv) roadway planning and design; and
(E) mechanisms for evaluating the outcomes and
effectiveness of the comprehensive safety action plan,
including the means by which that effectiveness will be
reported to residents in a locality.
(2) Eligible entity.--The term ``eligible entity'' means--
(A) a metropolitan planning organization;
(B) a political subdivision of a State;
(C) a federally recognized Tribal government; and
(D) a multijurisdictional group of entities
described in any of subparagraphs (A) through (C).
(3) Eligible project.--The term ``eligible project'' means a
project--
(A) to develop a comprehensive safety action plan;
(B) to conduct planning, design, and development
activities for projects and strategies identified in a
comprehensive safety action plan; or
(C) to carry out projects and strategies identified
in a comprehensive safety action plan.
(4) Program.--The term ``program'' means the Safe Streets
and Roads for All program established under subsection (b).
(b) Establishment.--The Secretary shall establish and carry out a
program, to be known as the Safe Streets and Roads for All program, that
supports local initiatives to prevent death and
[[Page 135 STAT. 816]]
serious injury on roads and streets, commonly referred to as ``Vision
Zero'' or ``Toward Zero Deaths'' initiatives.
(c) Grants.--
(1) In general.--In carrying out the program, the Secretary
may make grants to eligible entities, on a competitive basis, in
accordance with this section.
(2) Limitations.--
(A) In general.--Not more than 15 percent of the
funds made available to carry out the program for a
fiscal year may be awarded to eligible projects in a
single State during that fiscal year.
(B) Planning grants.--Of the total amount made
available to carry out the program for each fiscal year,
not less than 40 percent shall be awarded to eligible
projects described in subsection (a)(3)(A).
(d) Selection of Eligible Projects.--
(1) <<NOTE: Deadline.>> Solicitation.--Not later than 180
days after the date on which amounts are made available to
provide grants under the program for a fiscal year, the
Secretary shall solicit from eligible entities grant
applications for eligible projects in accordance with this
section.
(2) Applications.--
(A) In general.--To be eligible to receive a grant
under the program, an eligible entity shall submit to
the Secretary an application in such form and containing
such information as the Secretary considers to be
appropriate.
(B) Requirement.--An application for a grant under
this paragraph shall include mechanisms for evaluating
the success of applicable eligible projects and
strategies.
(3) Considerations.--In awarding a grant under the program,
the Secretary shall take into consideration the extent to which
an eligible entity, and each eligible project proposed to be
carried out by the eligible entity, as applicable--
(A) is likely to significantly reduce or eliminate
transportation-related fatalities and serious injuries
involving various road users, including pedestrians,
bicyclists, public transportation users, motorists, and
commercial operators, within the timeframe proposed by
the eligible entity;
(B) demonstrates engagement with a variety of public
and private stakeholders;
(C) seeks to adopt innovative technologies or
strategies to promote safety;
(D) employs low-cost, high-impact strategies that
can improve safety over a wider geographical area;
(E) ensures, or will ensure, equitable investment in
the safety needs of underserved communities in
preventing transportation-related fatalities and
injuries;
(F) includes evidence-based projects or strategies;
and
(G) achieves such other conditions as the Secretary
considers to be necessary.
(4) Transparency.--
(A) <<NOTE: Evaluation.>> In general.--The
Secretary shall evaluate, through a methodology that is
discernible and transparent to the public, the means by,
and extent to, which each application under the program
addresses any applicable merit criteria established by
the Secretary.
[[Page 135 STAT. 817]]
(B) Publication.--The methodology under subparagraph
(A) shall be published by the Secretary as part of the
notice of funding opportunity under the program.
(e) Federal Share.--The Federal share of the cost of an eligible
project carried out using a grant provided under the program shall not
exceed 80 percent.
(f) Funding.--
(1) <<NOTE: Time periods.>> Authorization of
appropriations.--There is authorized to be appropriated to carry
out this section $200,000,000 for each of fiscal years 2022
through 2026, to remain available for a period of 3 fiscal years
following the fiscal year for which the amounts are
appropriated.
(2) Administrative expenses.--Of the amounts made available
to carry out the program for a fiscal year, the Secretary may
retain not more than 2 percent for the administrative expenses
of the program.
(3) <<NOTE: Time period.>> Availability to eligible
entities.--Amounts made available under a grant under the
program shall remain available for use by the applicable
eligible entity until the date that is 5 years after the date on
which the grant is provided.
(g) Data Submission.--
(1) In general.--As a condition of receiving a grant under
this program, an eligible entity shall submit to the Secretary,
on a regular basis as established by the Secretary, data,
information, or analyses collected or conducted in accordance
with subsection (d)(3).
(2) Form.--The data, information, and analyses under
paragraph (1) shall be submitted in such form such manner as may
be prescribed by the Secretary.
(h) Reports.--Not later than 120 days after the end of the period of
performance for a grant under the program, the eligible entity shall
submit to the Secretary a report that describes--
(1) the costs of each eligible project carried out using the
grant;
(2) the outcomes and benefits that each such eligible
project has generated, as--
(A) identified in the grant application of the
eligible entity; and
(B) measured by data, to the maximum extent
practicable; and
(3) the lessons learned and any recommendations relating to
future projects or strategies to prevent death and serious
injury on roads and streets.
(i) Best Practices.--Based on the information submitted by eligible
entities under subsection (g), the Secretary shall--
(1) periodically post on a publicly available website best
practices and lessons learned for preventing transportation-
related fatalities and serious injuries pursuant to strategies
or interventions implemented under the program; and
(2) evaluate and incorporate, as appropriate, the
effectiveness of strategies and interventions implemented under
the program for the purpose of enriching revisions to the
document entitled ``Countermeasures That Work: A Highway Safety
Countermeasure Guide for State Highway Safety Offices, Ninth
Edition'' and numbered DOT HS 812 478 (or any successor
document).
[[Page 135 STAT. 818]]
SEC. 24113. <<NOTE: Deadlines.>> IMPLEMENTATION OF GAO
RECOMMENDATIONS.
(a) <<NOTE: 47 USC 942 note.>> Next Generation 911.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall implement the
recommendations of the Comptroller General of the United States
contained in the report entitled ``Next Generation 911: National
911 Program Could Strengthen Efforts to Assist States'',
numbered GAO-18-252, and dated January 1, 2018, by requiring
that the Administrator of the National Highway Traffic Safety
Administration, in collaboration with the appropriate Federal
agencies, shall determine the roles and responsibilities of the
Federal agencies participating in the initiative entitled
``National NG911 Roadmap initiative'' to carry out the national-
level tasks with respect which each agency has jurisdiction.
(2) Implementation plan.--The Administrator of the National
Highway Traffic Safety Administration shall develop an
implementation plan to support the completion of national-level
tasks under the National NG911 Roadmap initiative.
(b) <<NOTE: 23 USC 402 note.>> Pedestrian and Cyclists Information
and Enhanced Performance Management.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall implement the
recommendations of the Comptroller General of the United States
contained in the report entitled ``Pedestrians and Cyclists:
Better Information to States and Enhanced Performance Management
Could Help DOT Improve Safety'', numbered GAO-21-405, and dated
May 20, 2021, by--
(A) carrying out measures to collect information
relating to the range of countermeasures implemented by
States;
(B) <<NOTE: Analysis.>> analyzing that information
to help advance knowledge regarding the effectiveness of
those countermeasures; and
(C) sharing with States any results.
(2) Performance management practices.--The Administrator of
the National Highway Traffic Safety Administration shall use
performance management practices to guide pedestrian and cyclist
safety activities by--
(A) developing performance measures for the
Administration and program offices responsible for
implementing pedestrian and cyclist safety activities to
demonstrate the means by which those activities
contribute to safety goals; and
(B) using performance information to make any
necessary changes to advance pedestrian and cyclist
safety efforts.
Subtitle B--Vehicle Safety
SEC. 24201. <<NOTE: Time period.>> AUTHORIZATION OF
APPROPRIATIONS.
There are authorized to be appropriated to the Secretary to carry
out chapter 301, and part C of subtitle VI, of title 49, United States
Code--
(1) $200,294,333 for fiscal year 2022;
(2) $204,300,219 for fiscal year 2023;
[[Page 135 STAT. 819]]
(3) $208,386,224 for fiscal year 2024;
(4) $212,553,948 for fiscal year 2025; and
(5) $216,805,027 for fiscal year 2026.
SEC. 24202. RECALL COMPLETION.
(a) Reports on Recall Campaigns.--Section 30118 of title 49, United
States Code, is amended by adding at the end the following:
``(f) Reports on Notification Campaigns.--
``(1) In general.--Each manufacturer that is conducting a
campaign under subsection (b) or (c) or any other provision of
law (including regulations) to notify manufacturers,
distributors, owners, purchasers, or dealers of a defect or
noncompliance shall submit to the Administrator of the National
Highway Traffic Safety Administration--
``(A) by the applicable date described in section
573.7(d) of title 49, Code of Federal Regulations (or a
successor regulation), a quarterly report describing the
campaign for each of 8 consecutive quarters, beginning
with the quarter in which the campaign was initiated;
and
``(B) <<NOTE: Time periods.>> an annual report for
each of the 3 years beginning after the date of
completion of the last quarter for which a quarterly
report is submitted under subparagraph (A).
``(2) <<NOTE: Compliance.>> Requirements.--Except as
otherwise provided in this subsection, each report under this
subsection shall comply with the requirements of section 573.7
of title 49, Code of Federal Regulations (or a successor
regulation).''.
(b) Recall Completion Rates.--Section 30120 of title 49, United
States Code, is amended by adding at the end the following:
``(k) Recall Completion Rates.--
``(1) <<NOTE: Publication. List.>> In general.--The
Administrator of the National Highway Traffic Safety
Administration shall publish an annual list of recall completion
rates for each recall campaign for which 8 quarterly reports
have been submitted under subsection (f) of section 30118 as of
the date of publication of the list.
``(2) Requirements.--The annual list under paragraph (1)
shall include--
``(A) for each applicable campaign--
``(i) the total number of vehicles subject to
recall; and
``(ii) the percentage of vehicles that have
been remedied; and
``(B) for each manufacturer submitting an applicable
quarterly report under section 30118(f)--
``(i) the total number of recalls issued by
the manufacturer during the year covered by the
list;
``(ii) the estimated number of vehicles of the
manufacturer subject to recall during the year
covered by the list; and
``(iii) the percentage of vehicles that have
been remedied.''.
SEC. 24203. RECALL ENGAGEMENT.
(a) <<NOTE: Deadline.>> Recall Repair.--Not later than 2 years
after the date of enactment of this Act, the Comptroller General of the
United States shall--
(1) <<NOTE: Study. Determination.>> conduct a study to
determine--
[[Page 135 STAT. 820]]
(A) the reasons why vehicle owners do not have
repairs performed for vehicles subject to open recalls;
and
(B) whether engagement by third parties, including
State and local governments, insurance companies, or
other entities, could increase the rate at which vehicle
owners have repairs performed for vehicles subject to
open recalls; and
(2) <<NOTE: Reports. Recommenda- tions.>> submit to
Congress a report describing the results of the study under
paragraph (1), including any recommendations for increasing the
rate of repair for vehicles subject to open recalls.
(b) <<NOTE: Deadline.>> Ridesharing.--Not later than 18 months
after the date of enactment of this Act, the Comptroller General shall--
(1) <<NOTE: Study. Determination.>> conduct a study to
determine the number of passenger motor vehicles in each State
that--
(A) are used by transportation network companies for
for-hire purposes, such as ridesharing; and
(B) have 1 or more open recalls; and
(2) <<NOTE: Reports.>> submit to Congress a report
describing the results of the study under paragraph (1).
(c) NHTSA Study and Report.--Not later than 3 years after the date
of enactment of this Act, the Administrator of the National Highway
Traffic Safety Administration shall--
(1) conduct a study to determine the ways in which vehicle
recall notices could--
(A) more effectively reach vehicle owners;
(B) be made easier for all consumers to understand;
and
(C) incentivize vehicle owners to complete the
repairs described in the recall notices; and
(2) <<NOTE: Recommenda- tions.>> submit to Congress a
report describing the results of the study under paragraph (1),
including any recommendations for--
(A) increasing the rate of repair for vehicles
subject to open recalls; or
(B) any regulatory or statutory legislative changes
that would facilitate an increased rate of repair.
SEC. 24204. <<NOTE: Regulations. 49 USC 30111 note.>> MOTOR
VEHICLE SEAT BACK SAFETY STANDARDS.
(a) <<NOTE: Deadlines.>> In General.--Not later than 2 years after
the date of enactment of this Act, subject to subsection (b), the
Secretary shall issue an advanced notice of proposed rulemaking to
update section 571.207 of title 49, Code of Federal Regulations.
(b) <<NOTE: Determination.>> Compliance Date.--If the Secretary
determines that a final rule is appropriate consistent with the
considerations described in section 30111(b) of title 49, United States
Code, in issuing a final rule pursuant to subsection (a), the Secretary
shall establish a date for required compliance with the final rule of
not later than 2 motor vehicle model years after the model year during
which the effective date of the final rule occurs.
SEC. 24205. <<NOTE: 49 USC 30111 note.>> AUTOMATIC SHUTOFF.
(a) Definitions.--In this section:
(1) Key.--The term ``key'' has the meaning given the term in
section 571.114 of title 49, Code of Federal Regulations (or a
successor regulation).
[[Page 135 STAT. 821]]
(2) Manufacturer.--The term ``manufacturer'' has the meaning
given the term in section 30102(a) of title 49, United States
Code.
(3) Motor vehicle.--
(A) In general.--The term ``motor vehicle'' has the
meaning given the term in section 30102(a) of title 49,
United States Code.
(B) Exclusions.--The term ``motor vehicle'' does not
include--
(i) a motorcycle or trailer (as those terms
are defined in section 571.3 of title 49, Code of
Federal Regulations (or a successor regulation));
(ii) any motor vehicle with a gross vehicle
weight rating of more than 10,000 pounds;
(iii) a battery electric vehicle; or
(iv) a motor vehicle that requires extended
periods with the engine in idle to operate in
service mode or to operate equipment, such as an
emergency vehicle (including a police vehicle, an
ambulance, or a tow vehicle) and a commercial-use
vehicle (including a refrigeration vehicle).
(b) Automatic Shutoff Systems for Motor Vehicles.--
(1) Final rule.--
(A) <<NOTE: Deadline.>> In general.--Not later than
2 years after the date of enactment of this Act, the
Secretary shall issue a final rule amending section
571.114 of title 49, Code of Federal Regulations, to
require manufacturers to install in each motor vehicle
that is equipped with a keyless ignition device and an
internal combustion engine a device or system to
automatically shutoff the motor vehicle after the motor
vehicle has idled for the period described in
subparagraph (B).
(B) Description of period.--
(i) In general.--The period referred to in
subparagraph (A) is the period designated by the
Secretary as necessary to prevent, to the maximum
extent practicable, carbon monoxide poisoning.
(ii) Different periods.--The Secretary may
designate different periods under clause (i) for
different types of motor vehicles, depending on
the rate at which the motor vehicle emits carbon
monoxide, if--
(I) <<NOTE: Determination.>> the
Secretary determines a different period
is necessary for a type of motor vehicle
for purposes of section 30111 of title
49, United States Code; and
(II) requiring a different period
for a type of motor vehicle is
consistent with the prevention of carbon
monoxide poisoning.
(2) <<NOTE: Effective date.>> Deadline.--Unless the
Secretary finds good cause to phase-in or delay implementation,
the rule issued pursuant to paragraph (1) shall take effect on
September 1 of the first calendar year beginning after the date
on which the Secretary issues the rule.
(c) Preventing Motor Vehicles From Rolling Away.--
(1) <<NOTE: Study. Evaluation.>> Requirement.--The
Secretary shall conduct a study of the regulations contained in
part 571 of title 49, Code of Federal Regulations, to evaluate
the potential consequences
[[Page 135 STAT. 822]]
and benefits of the installation by manufacturers of technology
to prevent movement of motor vehicles equipped with keyless
ignition devices and automatic transmissions when--
(A) the transmission of the motor vehicle is not in
the park setting;
(B) the motor vehicle does not exceed the speed
determined by the Secretary under paragraph (2);
(C) the seat belt of the operator of the motor
vehicle is unbuckled;
(D) the service brake of the motor vehicle is not
engaged; and
(E) the door for the operator of the motor vehicle
is open.
(2) <<NOTE: Recommenda- tions.>> Review and report.--The
Secretary shall--
(A) provide a recommended maximum speed at which a
motor vehicle may be safely locked in place under the
conditions described in subparagraphs (A), (C), (D), and
(E) of paragraph (1) to prevent vehicle rollaways; and
(B) not later than 1 year after the date of
completion of the study under paragraph (1), submit to
the Committee on Commerce, Science, and Transportation
of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives a
report--
(i) describing the findings of the study; and
(ii) providing additional recommendations, if
any.
SEC. 24206. PETITIONS BY INTERESTED PERSONS FOR STANDARDS AND
ENFORCEMENT.
Section 30162 of title 49, United States Code, is amended--
(1) in subsection (b), by striking ``The petition'' and
inserting ``A petition under this section'';
(2) in subsection (c), by striking ``the petition'' and
inserting ``a petition under this section''; and
(3) in subsection (d)--
(A) in the third sentence, by striking ``If a
petition'' and inserting the following:
``(3) Denial.--If a petition under this section'';
(B) in the second sentence , by striking ``If a
petition is granted'' and inserting the following:
``(2) Approval.--If a petition under this section is
approved''; and
(C) in the first sentence, by striking ``The
Secretary shall grant or deny a petition'' and inserting
the following:
``(1) <<NOTE: Determination.>> In general.--The Secretary
shall determine whether to approve or deny a petition under this
section by''.
SEC. 24207. CHILD SAFETY SEAT ACCESSIBILITY STUDY.
(a) <<NOTE: Coordination.>> In General.--The Secretary, in
coordination with other relevant Federal departments and agencies,
including the Secretary of Agriculture, the Secretary of Education, and
the Secretary of Health and Human Services, shall conduct a study to
review the status of motor vehicle child safety seat accessibility for
low-income families and underserved populations.
(b) Addressing Needs.--In conducting the study under subsection (a),
the Secretary shall--
(1) <<NOTE: Examination.>> examine the impact of Federal
funding provided under section 405 of title 23, United States
Code; and
[[Page 135 STAT. 823]]
(2) <<NOTE: Plan.>> develop a plan for addressing any needs
identified in the study, including by working with social
service providers.
SEC. 24208. CRASH AVOIDANCE TECHNOLOGY.
(a) In General.--Subchapter II of chapter 301 of title 49, United
States Code, is amended by adding at the end the following:
``Sec. 30129. <<NOTE: 49 USC 30129.>> Crash avoidance technology
``(a) <<NOTE: Regulations.>> In General.--The Secretary of
Transportation shall promulgate a rule--
``(1) to establish minimum performance standards with
respect to crash avoidance technology; and
``(2) <<NOTE: Requirement.>> to require that all passenger
motor vehicles manufactured for sale in the United States on or
after the compliance date described in subsection (b) shall be
equipped with--
``(A) a forward collision warning and automatic
emergency braking system that--
``(i) alerts the driver if--
``(I) the distance to a vehicle
ahead or an object in the path of travel
ahead is closing too quickly; and
``(II) a collision is imminent; and
``(ii) automatically applies the brakes if the
driver fails to do so; and
``(B) a lane departure warning and lane-keeping
assist system that--
``(i) warns the driver to maintain the lane of
travel; and
``(ii) corrects the course of travel if the
driver fails to do so.
``(b) <<NOTE: Determination.>> Compliance Date.--The Secretary of
Transportation shall determine the appropriate effective date, and any
phasing-in of requirements, of the final rule promulgated pursuant to
subsection (a).''.
(b) Clerical Amendment.--The analysis for subchapter II of chapter
301 of title 49, United States Code, <<NOTE: 49 USC 30101 prec.>> is
amended by adding at the end the following:
``30129. Crash avoidance technology.''.
SEC. 24209. <<NOTE: 49 USC 30111 note.>> REDUCTION OF DRIVER
DISTRACTION.
(a) <<NOTE: Deadline. Research and development.>> In General.--Not
later than 3 years after the date of enactment of this Act, the
Secretary shall conduct research regarding the installation and use on
motor vehicles of driver monitoring systems to minimize or eliminate--
(1) driver distraction;
(2) driver disengagement;
(3) automation complacency by drivers; and
(4) foreseeable misuse of advanced driver-assist systems.
(b) Report.--Not later than 180 days after the date of completion of
the research under subsection (a), the Secretary shall submit to the
Committee on Commerce, Science, and Transportation of the Senate and the
Committee on Energy and Commerce of the House of Representatives a
detailed report describing the findings of the research.
(c) <<NOTE: Determinations.>> Rulemaking.--
(1) In general.--If, based on the research completed under
subsection (a), the Secretary determines that--
[[Page 135 STAT. 824]]
(A) <<NOTE: Deadline.>> 1 or more rulemakings are
necessary to ensure safety, in accordance with the
section 30111 of title 49, United States Code, the
Secretary shall initiate the rulemakings by not later
than 2 years after the date of submission of the report
under subsection (b); and
(B) an additional rulemaking is not necessary, or an
additional rulemaking cannot meet the applicable
requirements and considerations described in subsections
(a) and (b) of section 30111 of title 49, United States
Code, the Secretary shall submit to the Committee on
Commerce, Science, and Transportation of the Senate and
the Committee on Energy and Commerce of the House of
Representatives a report describing the reasons for not
prescribing additional Federal motor vehicle safety
standards regarding the research conducted under
subsection (a).
(2) Privacy.--A rule issued pursuant to paragraph (1) shall
incorporate appropriate privacy and data security safeguards, as
determined by the Secretary.
SEC. 24210. <<NOTE: 49 USC 308 note.>> RULEMAKING REPORT.
(a) Definition of Covered Rulemaking.--In this section, the term
``covered rulemaking'' means a regulation or rulemaking that--
(1) has not been finalized by the date on which the relevant
notification is submitted under subsection (b); and
(2) relates to--
(A) section 30120A of title 49, United States Code;
(B) section 30166(o) of title 49, United States
Code;
(C) section 30172 of title 49, United States Code;
(D) section 32302(c) of title 49, United States
Code;
(E) a defect reporting requirement under section
32302(d) of title 49, United States Code;
(F) subsections (b) and (c) of section 32304A of
title 49, United States Code;
(G) the tire pressure monitoring standards required
under section 24115 of the FAST Act (49 U.S.C. 30123
note; Public Law 114-94);
(H) the amendment made by section 24402 of the FAST
Act (129 Stat. 1720; Public Law 114-94) to section
30120(g)(1) of title 49, United States Code;
(I) the records retention rule required under
section 24403 of the FAST Act (49 U.S.C. 30117 note;
Public Law 114-94);
(J) the amendments made by section 24405 of the FAST
Act (Public Law 114-94; 129 Stat. 1721) to section 30114
of title 49, United States Code;
(K) a defect and noncompliance notification required
under--
(i) section 24104 of the FAST Act (49 U.S.C.
30119 note; Public Law 114-94); or
(ii) section 31301 of MAP-21 (49 U.S.C. 30166
note; Public Law 112-141);
(L) a side impact or frontal impact test procedure
for child restraint systems under section 31501 of MAP-
21 (49 U.S.C. 30127 note; Public Law 112-141);
(M) an upgrade to child restraint anchorage system
usability requirements required under section 31502 of
MAP-21 (49 U.S.C. 30127 note; Public Law 112-141);
[[Page 135 STAT. 825]]
(N) the rear seat belt reminder system required
under section 31503 of MAP-21 (49 U.S.C. 30127 note;
Public Law 112-141);
(O) a motorcoach rulemaking required under section
32703 of MAP-21 (49 U.S.C. 31136 note; Public Law 112-
141); or
(P) any rulemaking required under this Act.
(b) <<NOTE: Deadline.>> Notification.--Not later than 180 days
after the date of enactment of this Act, and not less frequently than
biannually thereafter until the applicable covered rulemaking is
complete, the Secretary shall submit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on Energy
and Commerce of the House of Representatives a written notification that
includes, with respect to each covered rulemaking--
(1) for a covered rulemaking with a statutory deadline for
completion--
(A) an explanation of why the deadline was not met;
and
(B) an expected date of completion of the covered
rulemaking; and
(2) for a covered rulemaking without a statutory deadline
for completion, an expected date of completion of the covered
rulemaking.
(c) Additional Contents.--A notification under subsection (b) shall
include, for each applicable covered rulemaking--
(1) an updated timeline;
(2) <<NOTE: List.>> a list of factors causing delays in the
completion of the covered rulemaking; and
(3) any other details associated with the status of the
covered rulemaking.
SEC. <<NOTE: 49 USC 30101 note.>> 24211. GLOBAL HARMONIZATION.
The Secretary shall cooperate, to the maximum extent practicable,
with foreign governments, nongovernmental stakeholder groups, the motor
vehicle industry, and consumer groups with respect to global
harmonization of vehicle regulations as a means for improving motor
vehicle safety.
SEC. 24212. <<NOTE: 49 USC 30111 note.>> HEADLAMPS.
(a) Definitions.--In this section:
(1) Adaptive driving beam headlamp.--The term ``adaptive
driving beam headlamp'' means a headlamp (as defined in Standard
108) that meets the performance requirements specified in SAE
International Standard J3069, published on June 30, 2016.
(2) Standard 108.--The term ``Standard 108'' means Federal
Motor Vehicle Safety Standard Number 108, contained in section
571.108 of title 49, Code of Federal Regulations (as in effect
on the date of enactment of this Act).
(b) <<NOTE: Deadline.>> Rulemaking.--Not later than 2 years after
the date of enactment of this Act, the Secretary shall issue a final
rule amending Standard 108--
(1) to include performance-based standards for vehicle
headlamp systems--
(A) to ensure that headlights are correctly aimed on
the road; and
[[Page 135 STAT. 826]]
(B) requiring those systems to be tested on-vehicle
to account for headlight height and lighting
performance; and
(2) to allow for the use on vehicles of adaptive driving
beam headlamp systems.
(c) Periodic Review.--Nothing in this section precludes the
Secretary from--
(1) reviewing Standard 108, as amended pursuant to
subsection (b); and
(2) revising Standard 108 to reflect an updated version of
SAE International Standard J3069, as the Secretary determines to
be--
(A) appropriate; and
(B) in accordance with section 30111 of title 49,
United States Code.
SEC. 24213. NEW CAR ASSESSMENT PROGRAM.
(a) <<NOTE: Deadline. 49 USC 32302 note.>> Updates.--Not later than
1 year after the date of enactment of this Act, the Secretary shall
finalize the proceeding for which comments were requested in the notice
entitled ``New Car Assessment Program'' (80 Fed. Reg. 78522 (December
16, 2015)) to update the passenger motor vehicle information required
under section 32302(a) of title 49, United States Code.
(b) Information Program.--Section 32302 of title 49, United States
Code, is amended--
(1) in subsection (a), in the matter preceding paragraph
(1), by inserting ``(referred to in this section as the
`Secretary')'' after ``of Transportation''; and
(2) by adding at the end the following:
``(e) Advanced Crash-avoidance Technologies.--
``(1) <<NOTE: Deadline. Publication. Public comment.>>
Notice.--Not later than 1 year after the date of enactment of
this subsection, the Secretary shall publish a notice, for
purposes of public review and comment, to establish, distinct
from crashworthiness information, a means for providing to
consumers information relating to advanced crash-avoidance
technologies, in accordance with subsection (a).
``(2) <<NOTE: Determinations.>> Inclusions.--The notice
under paragraph (1) shall include--
``(A) an appropriate methodology for--
``(i) determining which advanced crash-
avoidance technologies shall be included in the
information;
``(ii) developing performance test criteria
for use by manufacturers in evaluating advanced
crash-avoidance technologies;
``(iii) determining a distinct rating
involving each advanced crash-avoidance technology
to be included; and
``(iv) <<NOTE: Updates.>> updating overall
vehicle ratings to incorporate advanced crash-
avoidance technology ratings; and
``(B) <<NOTE: Analyses.>> such other information
and analyses as the Secretary determines to be necessary
to implement the rating of advanced crash-avoidance
technologies.
``(3) Report.--Not later than 18 months after the date of
enactment of this subsection, the Secretary shall submit to the
Committee on Commerce, Science, and Transportation of the Senate
and the Committee on Energy and Commerce of the House of
Representatives a report that describes a plan
[[Page 135 STAT. 827]]
for implementing an advanced crash-avoidance technology
information and rating system, in accordance with subsection
(a).
``(f) Vulnerable Road User Safety.--
``(1) <<NOTE: Deadline. Publication. Public comment.>>
Notice.--Not later than 1 year after the date of enactment of
this subsection, the Secretary shall publish a notice, for
purposes of public review and comment, to establish a means for
providing to consumers information relating to pedestrian,
bicyclist, or other vulnerable road user safety technologies, in
accordance with subsection (a).
``(2) <<NOTE: Determinations.>> Inclusions.--The notice
under paragraph (1) shall include--
``(A) an appropriate methodology for--
``(i) determining which technologies shall be
included in the information;
``(ii) developing performance test criteria
for use by manufacturers in evaluating the extent
to which automated pedestrian safety systems in
light vehicles attempt to prevent and mitigate, to
the best extent possible, pedestrian injury;
``(iii) determining a distinct rating
involving each technology to be included; and
``(iv) <<NOTE: Updates.>> updating overall
vehicle ratings to incorporate vulnerable road
user safety technology ratings; and
``(B) <<NOTE: Analyses.>> such other information
and analyses as the Secretary determines to be necessary
to implement the rating of vulnerable road user safety
technologies.
``(3) Report.--Not later than 18 months after the date of
enactment of this subsection, the Secretary shall submit to the
Committee on Commerce, Science, and Transportation of the Senate
and the Committee on Energy and Commerce of the House of
Representatives a report that describes a plan for implementing
an information and rating system for vulnerable road user safety
technologies, in accordance with subsection (a).''.
(c) Roadmap.--
(1) In general.--Chapter 323 of title 49, United States
Code, is amended by adding at the end the following:
``Sec. 32310. <<NOTE: 49 USC 32310.>> New Car Assessment Program
roadmap
``(a) <<NOTE: Deadlines.>> Establishment.--Not later than 1 year
after the date of enactment of this section, and not less frequently
than once every 4 years thereafter, the Secretary of Transportation
(referred to in this section as the `Secretary') shall establish a
roadmap for the implementation of the New Car Assessment Program of the
National Highway Traffic Safety Administration.
``(b) Requirements.--A roadmap under subsection (a) shall--
``(1) <<NOTE: Time periods.>> cover a term of 10 years,
consisting of--
``(A) a mid-term component covering the initial 5
years of the term; and
``(B) a long-term component covering the final 5
years of the term; and
``(2) be in accordance with--
``(A) section 306 of title 5;
``(B) section 1115 of title 31;
``(C) section 24401 of the FAST Act (49 U.S.C. 105
note; Public Law 114-94); and
[[Page 135 STAT. 828]]
``(D) any other relevant plans of the National
Highway Traffic Safety Administration.
``(c) Contents.--A roadmap under subsection (a) shall include--
``(1) <<NOTE: Plan.>> a plan for any changes to the New Car
Assessment Program of the National Highway Traffic Safety
Administration, including--
``(A) descriptions of actions to be carried out to
update the passenger motor vehicle information developed
under section 32302(a), including the development of
test procedures, test devices, test fixtures, and safety
performance metrics, which shall, as applicable,
incorporate--
``(i) objective criteria for evaluating safety
technologies; and
``(ii) reasonable time periods for compliance
with new or updated tests;
``(B) key milestones, including the anticipated
start of an action, completion of an action, and
effective date of an update; and
``(C) descriptions of the means by which an update
will improve the passenger motor vehicle information
developed under section 32302(a);
``(2) an identification and prioritization of safety
opportunities and technologies--
``(A) with respect to the mid-term component of the
roadmap under subsection (b)(1)(A)--
``(i) that are practicable; and
``(ii) for which objective rating tests,
evaluation criteria, and other consumer data exist
for a market-based, consumer information approach;
and
``(B) with respect to the long-term component of the
roadmap under subsection (b)(1)(B), exist or are in
development;
``(3) an identification of--
``(A) any safety opportunity or technology that--
``(i) is identified through the activities
carried out pursuant to subsection (d) or (e); and
``(ii) is not included in the roadmap under
paragraph (2);
``(B) the reasons why such a safety opportunity or
technology is not included in the roadmap; and
``(C) any developments or information that would be
necessary for the Secretary to consider including such a
safety opportunity or technology in a future roadmap;
and
``(4) consideration of the benefits of consistency with
other rating systems used--
``(A) within the United States; and
``(B) internationally.
``(d) <<NOTE: Public comments.>> Considerations.--Before finalizing
a roadmap under this section, the Secretary shall--
``(1) make the roadmap available for public comment;
``(2) <<NOTE: Review.>> review any public comments received
under paragraph (1); and
``(3) incorporate in the roadmap under this section those
comments, as the Secretary determines to be appropriate.
``(e) Stakeholder Engagement.--Not less frequently than annually,
the Secretary shall engage stakeholders that represent a diversity of
technical backgrounds and viewpoints--
[[Page 135 STAT. 829]]
``(1) to identify--
``(A) safety opportunities or technologies in
development that could be included in future roadmaps;
and
``(B) opportunities to benefit from collaboration or
harmonization with third-party safety rating programs;
``(2) to assist with long-term planning;
``(3) to provide an interim update of the status and
development of the following roadmap to be established under
subsection (a); and
``(4) to collect feedback or other information that the
Secretary determines to be relevant to enhancing the New Car
Assessment Program of the National Highway Traffic Safety
Administration.''.
(2) Clerical amendment.--The analysis for chapter 323 of
title 49, United States Code, <<NOTE: 49 USC 32301 prec.>> is
amended by adding at the end the following:
``32310. New Car Assessment Program roadmap.''.
SEC. 24214. <<NOTE: 49 USC 32502 note.>> HOOD AND BUMPER
STANDARDS.
(a) <<NOTE: Deadline. Public comment.>> Notice.--Not later than 2
years after the date of enactment of this Act, the Secretary shall issue
a notice, for purposes of public review and comment, regarding potential
updates to hood and bumper standards for motor vehicles (as defined in
section 30102(a) of title 49, United States Code).
(b) Inclusions.--The notice under subsection (a) shall include
information relating to--
(1) the incorporation or consideration of advanced crash-
avoidance technology in existing motor vehicle standards;
(2) the incorporation or consideration of standards or
technologies to reduce the number of injuries and fatalities
suffered by pedestrians, bicyclists, or other vulnerable road
users;
(3) the development of performance test criteria for use by
manufacturers in evaluating advanced crash-avoidance technology,
including technology relating to vulnerable road user safety;
(4) potential harmonization with global standards, including
United Nations Economic Commission for Europe Regulation Number
42; and
(5) such other information and analyses as the Secretary
determines to be necessary.
(c) Report.--Not later than 2 years after the date of enactment of
this Act, the Secretary shall submit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on Energy
and Commerce of the House of Representatives a report that describes--
(1) the current status of hood and bumper standards;
(2) relevant advanced crash-avoidance technology;
(3) actions needed to be carried out to develop performance
test criteria; and
(4) if applicable, a plan for incorporating advanced crash-
avoidance technology, including technology relating to
vulnerable road user safety, in existing standards.
SEC. 24215. EMERGENCY MEDICAL SERVICES AND 9-1-1.
Section 158(a) of the National Telecommunications and Information
Administration Organization Act (47 U.S.C. 942(a)) is amended by
striking paragraph (4).
[[Page 135 STAT. 830]]
SEC. 24216. EARLY WARNING REPORTING.
(a) In General.--Section 30166(m)(3) of title 49, United States
Code, is amended by adding at the end the following:
``(D) Settlements.--Notwithstanding any order
entered in a civil action restricting the disclosure of
information, a manufacturer of a motor vehicle or motor
vehicle equipment shall comply with the requirements of
this subsection and any regulations promulgated pursuant
to this subsection.''.
(b) Study and Report.--Not later than 18 months after the date of
enactment of this Act, the Administrator of the National Highway Traffic
Safety Administration shall--
(1) conduct a study--
(A) <<NOTE: Evaluation.>> to evaluate the early
warning reporting data submitted under section 30166(m)
of title 49, United States Code (including regulations);
and
(B) to identify improvements, if any, that would
enhance the use by the National Highway Traffic
Administration of early warning reporting data to
enhance safety; and
(2) <<NOTE: Recommenda- tions.>> submit to the Committee on
the Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Energy and Commerce of the House of
Representatives a report describing the results of the study
under paragraph (1), including any recommendations for
regulatory or legislative action.
SEC. 24217. <<NOTE: 49 USC 32302 note.>> IMPROVED VEHICLE SAFETY
DATABASES.
Not <<NOTE: Deadline. Consultation. Public information.>> later
than 3 years after the date of enactment of this Act, after consultation
with frequent users of publicly available databases, the Secretary shall
improve public accessibility to information relating to the publicly
accessible vehicle safety databases of the National Highway Traffic
Safety Administration by revising the publicly accessible vehicle safety
databases--
(1) to improve organization and functionality, including
design features such as drop-down menus;
(2) to allow data from applicable publicly accessible
vehicle safety databases to be searched, sorted, aggregated, and
downloaded in a manner that--
(A) is consistent with the public interest; and
(B) facilitates easy use by consumers;
(3) to provide greater consistency in presentation of
vehicle safety issues;
(4) to improve searchability regarding specific vehicles and
issues, which may include the standardization of commonly used
search terms; and
(5) to ensure nonconfidential documents and materials
relating to information created or obtained by the National
Highway Traffic Safety Administration are made publicly
available in a manner that is--
(A) timely; and
(B) searchable in databases by any element that the
Secretary determines to be in the public interest.
[[Page 135 STAT. 831]]
SEC. 24218. NATIONAL DRIVER REGISTER ADVISORY COMMITTEE REPEAL.
(a) In General.--Section 30306 of title 49, United States Code, is
repealed.
(b) Clerical Amendment.--The analysis for chapter 303 of title 49,
United States Code, <<NOTE: 49 USC 30301 prec.>> is amended by striking
the item relating to section 30306.
SEC. 24219. <<NOTE: Deadlines. 23 USC 503 note.>> RESEARCH ON
CONNECTED VEHICLE TECHNOLOGY.
The Administrator of the National Highway Traffic Safety
Administration, in collaboration with the head of the Intelligent
Transportation Systems Joint Program Office and the Administrator of the
Federal Highway Administration, shall--
(1) not later than 180 days after the date of enactment of
this Act, expand vehicle-to-pedestrian research efforts focused
on incorporating bicyclists and other vulnerable road users into
the safe deployment of connected vehicle systems; and
(2) <<NOTE: Public information. Analysis.>> not later than
2 years after the date of enactment of this Act, submit to
Congress and make publicly available a report describing the
findings of the research efforts described in paragraph (1),
including an analysis of the extent to which applications
supporting vulnerable road users can be accommodated within
existing spectrum allocations for connected vehicle systems.
SEC. 24220. <<NOTE: 49 USC 30111 note.>> ADVANCED IMPAIRED
DRIVING TECHNOLOGY.
(a) Findings.--Congress finds that--
(1) alcohol-impaired driving fatalities represent
approximately \1/3\ of all highway fatalities in the United
States each year;
(2) in 2019, there were 10,142 alcohol-impaired driving
fatalities in the United States involving drivers with a blood
alcohol concentration level of .08 or higher, and 68 percent of
the crashes that resulted in those fatalities involved a driver
with a blood alcohol concentration level of .15 or higher;
(3) the estimated economic cost for alcohol-impaired driving
in 2010 was $44,000,000,000;
(4) according to the Insurance Institute for Highway Safety,
advanced drunk and impaired driving prevention technology can
prevent more than 9,400 alcohol-impaired driving fatalities
annually; and
(5) to ensure the prevention of alcohol-impaired driving
fatalities, advanced drunk and impaired driving prevention
technology must be standard equipment in all new passenger motor
vehicles.
(b) Definitions.--In this section:
(1) Advanced drunk and impaired driving prevention
technology.--The term ``advanced drunk and impaired driving
prevention technology'' means a system that--
(A) can--
(i) passively monitor the performance of a
driver of a motor vehicle to accurately identify
whether that driver may be impaired; and
(ii) prevent or limit motor vehicle operation
if an impairment is detected;
(B) can--
[[Page 135 STAT. 832]]
(i) passively and accurately detect whether
the blood alcohol concentration of a driver of a
motor vehicle is equal to or greater than the
blood alcohol concentration described in section
163(a) of title 23, United States Code; and
(ii) prevent or limit motor vehicle operation
if a blood alcohol concentration above the legal
limit is detected; or
(C) is a combination of systems described in
subparagraphs (A) and (B).
(2) New.--The term ``new'', with respect to a passenger
motor vehicle, means that the passenger motor vehicle--
(A) is a new vehicle (as defined in section 37.3 of
title 49, Code of Federal Regulations (or a successor
regulation)); and
(B) has not been purchased for purposes other than
resale.
(3) Passenger motor vehicle.--The term ``passenger motor
vehicle'' has the meaning given the term in section 32101 of
title 49, United States Code.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Transportation, acting through the Administrator of the
National Highway Traffic Safety Administration.
(c) Advanced Drunk and Impaired Driving Prevention Technology Safety
Standard.-- <<NOTE: Deadline.>> Subject to subsection (e) and not later
than 3 years after the date of enactment of this Act, the Secretary
shall issue a final rule prescribing a Federal motor vehicle safety
standard under section 30111 of title 49, United States Code, that
requires passenger motor vehicles manufactured after the effective date
of that standard to be equipped with advanced drunk and impaired driving
prevention technology.
(d) <<NOTE: Compliance. Time period.>> Requirement.--To allow
sufficient time for manufacturer compliance, the compliance date of the
rule issued under subsection (c) shall be not earlier than 2 years and
not more than 3 years after the date on which that rule is issued.
(e) <<NOTE: Determinations.>> Timing.--If the Secretary determines
that the Federal motor vehicle safety standard required under subsection
(c) cannot meet the requirements and considerations described in
subsections (a) and (b) of section 30111 of title 49, United States
Code, by the applicable date, the Secretary--
(1) <<NOTE: Extension. Deadline.>> may extend the time
period to such date as the Secretary determines to be necessary,
but not later than the date that is 3 years after the date
described in subsection (c);
(2) <<NOTE: Reports.>> shall, not later than the date
described in subsection (c) and not less frequently than
annually thereafter until the date on which the rule under that
subsection is issued, submit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Energy and Commerce of the House of Representatives a report
describing, as of the date of submission of the report--
(A) the reasons for not prescribing a Federal motor
vehicle safety standard under section 30111 of title 49,
United States Code, that requires advanced drunk and
impaired driving prevention technology in all new
passenger motor vehicles;
(B) the deployment of advanced drunk and impaired
driving prevention technology in vehicles;
[[Page 135 STAT. 833]]
(C) any information relating to the ability of
vehicle manufacturers to include advanced drunk and
impaired driving prevention technology in new passenger
motor vehicles; and
(D) <<NOTE: Timeline.>> an anticipated timeline for
prescribing the Federal motor vehicle safety standard
described in subsection (c); and
(3) <<NOTE: Deadline. Reports.>> if the Federal motor
vehicle safety standard required by subsection (c) has not been
finalized by the date that is 10 years after the date of
enactment of this Act, shall submit to the Committee on
Commerce, Science, and Transportation of the Senate and the
Committee on Energy and Commerce of the House of Representative
a report describing--
(A) the reasons why the Federal motor vehicle safety
standard has not been finalized;
(B) the barriers to finalizing the Federal motor
vehicle safety standard; and
(C) <<NOTE: Recommenda- tions.>> recommendations to
Congress to facilitate the Federal motor vehicle safety
standard.
SEC. 24221. GAO REPORT ON CRASH DUMMIES.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Comptroller General of the United States shall conduct
a study and submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Energy and Commerce of
the House of Representatives a report that--
(1) <<NOTE: Examination.>> examines--
(A) the processes used by the National Highway
Traffic Safety Administration (referred to in this
section as the ``Administration'') for studying and
deploying crash test dummies;
(B)(i) the types of crash test dummies used by the
Administration as of the date of enactment of this Act;
(ii) the seating positions in which those crash test
dummies are tested; and
(iii) whether the seating position affects
disparities in motor vehicle safety outcomes based on
demographic characteristics, including sex, and, if so,
how the seating position affects those disparities;
(C) the biofidelic crash test dummies that are
available in the global and domestic marketplace that
reflect the physical and demographic characteristics of
the driving public in the United States, including--
(i) females;
(ii) the elderly;
(iii) young adults;
(iv) children; and
(v) individuals of differing body weights;
(D) how the Administration determines whether to
study and deploy new biofidelic crash test dummies,
including the biofidelic crash test dummies examined
under subparagraph (C), and the timelines by which the
Administration conducts the work of making those
determinations and studying and deploying new biofidelic
crash test dummies;
[[Page 135 STAT. 834]]
(E) challenges the Administration faces in studying
and deploying new crash test dummies; and
(F) how the practices of the Administration with
respect to crash test dummies compare to other programs
that test vehicles and report results to the public,
including the European New Car Assessment Programme;
(2) <<NOTE: Evaluation.>> evaluates potential improvements
to the processes described in paragraph (1) that could reduce
disparities in motor vehicle safety outcomes based on
demographic characteristics, including sex;
(3) <<NOTE: Analyses.>> analyzes the potential use of
computer simulation techniques, as a supplement to physical
crash tests, to conduct virtual simulations of vehicle crash
tests in order to evaluate predicted motor vehicle safety
outcomes based on the different physical and demographic
characteristics of motor vehicle occupants; and
(4) <<NOTE: Assessments. Recommenda- tions.>> includes, as
applicable, any assessments or recommendations relating to crash
test dummies that are relevant to reducing disparities in motor
vehicle safety outcomes based on demographic characteristics,
including sex.
(b) Interim Report From the Administration.--Not later than 90 days
after the date of enactment of this Act, the Administrator of the
Administration shall submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Energy and Commerce of
the House of Representatives a report that--
(1) identifies--
(A) the types of crash test dummies used by the
Administration as of the date of enactment of this Act
with respect to--
(i) the New Car Assessment Program of the
Administration; and
(ii) testing relating to Federal Motor Vehicle
Safety Standards;
(B) how each type of crash test dummy identified
under subparagraph (A) is tested with respect to seating
position; and
(C) any crash test dummies that the Administration
is actively evaluating for future use--
(i) in the New Car Assessment Program of the
Administration; or
(ii) for testing relating to Federal Motor
Vehicle Safety Standards;
(2) explains--
(A) the plans of the Administration, including the
expected timelines, for putting any crash test dummies
identified under paragraph (1)(C) to use as described in
that paragraph;
(B) any challenges to putting those crash test
dummies to use; and
(C) the potential use of computer simulation
techniques, as a supplement to physical crash tests, to
conduct virtual simulations of vehicle crash tests in
order to evaluate predicted motor vehicle safety
outcomes based on the different physical and demographic
characteristics of motor vehicle occupants; and
[[Page 135 STAT. 835]]
(3) <<NOTE: Recommenda- tions.>> provides policy
recommendations for reducing disparities in motor vehicle safety
testing and outcomes based on demographic characteristics,
including sex.
SEC. 24222. CHILD SAFETY.
(a) Amendment.--
(1) In general.--Chapter 323 of title 49, United States
Code, is amended by adding after section 32304A the following:
``Sec. 32304B. <<NOTE: 49 USC 32304B.>> Child safety
``(a) Definitions.--In this section:
``(1) Passenger motor vehicle.--The term `passenger motor
vehicle' has the meaning given that term in section 32101.
``(2) Rear-designated seating position.--The term `rear-
designated seating position' means designated seating positions
that are rearward of the front seat.
``(3) Secretary.--The term `Secretary' means the Secretary
of Transportation.
``(b) <<NOTE: Deadline.>> Rulemaking.--Not later than 2 years after
the date of enactment of this section, the Secretary shall issue a final
rule requiring all new passenger motor vehicles weighing less than
10,000 pounds gross vehicle weight to be equipped with a system to alert
the operator to check rear-designated seating positions after the
vehicle engine or motor is deactivated by the operator.
``(c) Means.--The alert required under subsection (b)--
``(1) shall include a distinct auditory and visual alert,
which may be combined with a haptic alert; and
``(2) shall be activated when the vehicle motor is
deactivated by the operator.
``(d) <<NOTE: Effective date.>> Phase-in.--The rule issued pursuant
to subsection (b) shall require full compliance with the rule beginning
on September 1st of the first calendar year that begins 2 years after
the date on which the final rule is issued.''.
(2) Clerical amendment.--The analysis for chapter 323 of
title 49, United States Code, <<NOTE: 49 USC 32301 prec.>> is
amended by inserting after the item relating to section 32304A
the following:
``32304B. Child safety.''.
(b) Awareness of Children in Motor Vehicles.--Section 402 of title
23, United States Code (as amended by section 24102(a)(9)), is amended
by adding at the end the following:
``(o) Unattended Passengers.--
``(1) In general.--Each State shall use a portion of the
amounts received by the State under this section to carry out a
program to educate the public regarding the risks of leaving a
child or unattended passenger in a vehicle after the vehicle
motor is deactivated by the operator.
``(2) Program placement.--Nothing in this subsection
requires a State to carry out a program described in paragraph
(1) through the State transportation or highway safety
office.''.
(c) Study and Report.--
(1) Study.--
(A) In general.--The Secretary shall conduct a study
on--
(i) the potential retrofitting of existing
passenger motor vehicles with 1 or more
technologies that may address the problem of
children left in rear-designated
[[Page 135 STAT. 836]]
seating positions of motor vehicles after
deactivation of the motor vehicles by an operator;
and
(ii) the potential benefits and burdens,
logistical or economic, associated with widespread
use of those technologies.
(B) Elements.--In carrying out the study under
subparagraph (A), the Secretary shall--
(i) <<NOTE: Survey. Evaluation.>> survey and
evaluate a variety of methods used by current and
emerging aftermarket technologies or products to
reduce the risk of children being left in rear-
designated seating positions after deactivation of
a motor vehicle; and
(ii) <<NOTE: Recommenda- tions.>> provide
recommendations--
(I) for manufacturers of the
technologies and products described in
clause (i) to carry out a functional
safety performance evaluation to ensure
that the technologies and products
perform as designed by the manufacturer
under a variety of real-world
conditions; and
(II) for consumers on methods to
select an appropriate technology or
product described in clause (i) in order
to retrofit existing vehicles.
(2) Report by secretary.--Not later than 180 days after the
date on which the Secretary issues the final rule required by
section 32304B(b) of title 49, United States Code (as added by
subsection (a)(1)), the Secretary shall submit a report
describing the results of the study carried out under paragraph
(1) to--
(A) the Committee on Commerce, Science, and
Transportation of the Senate; and
(B) the Committee on Energy and Commerce of the
House of Representatives.
TITLE V--RESEARCH AND INNOVATION
SEC. 25001. INTELLIGENT TRANSPORTATION SYSTEMS PROGRAM ADVISORY
COMMITTEE.
Section 515(h) of title 23, United States Code, is amended--
(1) in paragraph (1), by inserting ``(referred to in this
subsection as the `Advisory Committee')'' after ``an Advisory
Committee'';
(2) in paragraph (2)--
(A) in the matter preceding subparagraph (A), by
striking ``20 members'' and inserting ``25 members'';
(B) in subparagraph (O) (as redesignated by section
13008(a)(2))--
(i) by striking ``utilities,''; and
(ii) by striking the period at the end and
inserting a semicolon;
(C) by redesignating subparagraphs (F), (G), (H),
(I), (J), (K), (L), (M), (N), and (O) (as added or
redesignated by section 13008(a)) as subparagraphs (H),
(J), (K), (L), (M), (N), (O), (S), (T), and (U),
respectively;
(D) by inserting after subparagraph (E) (as
redesignated by section 13008(a)(2)) the following:
``(F) a representative of a national transit
association;
[[Page 135 STAT. 837]]
``(G) a representative of a national, State, or
local transportation agency or association;'';
(E) by inserting after subparagraph (H) (as
redesignated by subparagraph (C)) the following:
``(I) a private sector developer of intelligent
transportation system technologies, which may include
emerging vehicle technologies;'';
(F) by inserting after subparagraph (O) (as so
redesignated) the following:
``(P) a representative of a labor organization;
``(Q) a representative of a mobility-providing
entity;
``(R) an expert in traffic management;''; and
(G) by adding at the end the following:
``(V) an expert in cybersecurity; and
``(W) an automobile manufacturer.'';
(3) in paragraph (3)--
(A) in subparagraph (A), by striking ``section 508''
and inserting ``section 6503 of title 49''; and
(B) in subparagraph (B)--
(i) in the matter preceding clause (i), by
inserting ``programs and'' before ``research'';
and
(ii) in clause (iii), by striking ``research
and'' and inserting ``programs, research, and'';
(4) by redesignating paragraphs (3) through (5) as
paragraphs (5) through (7); and
(5) by inserting after paragraph (2) the following:
``(3) Term.--
``(A) In general.--The term of a member of the
Advisory Committee shall be 3 years.
``(B) Renewal.--On expiration of the term of a
member of the Advisory Committee, the member--
``(i) may be reappointed; or
``(ii) if the member is not reappointed under
clause (i), may serve until a new member is
appointed.
``(4) Meetings.--The Advisory Committee--
``(A) shall convene not less frequently than twice
each year; and
``(B) may convene with the use of remote video
conference technology.''.
SEC. 25002. <<NOTE: 23 USC 502 note.>> SMART COMMUNITY RESOURCE
CENTER.
(a) Definitions.--In this section:
(1) Resource center.--The term ``resource center'' means the
Smart Community Resource Center established under subsection
(b).
(2) Smart community.--The term ``smart community'' means a
community that uses innovative technologies, data, analytics,
and other means to improve the community and address local
challenges.
(b) <<NOTE: Public information. Web posting.>> Establishment.--The
Secretary shall work with the modal administrations of the Department
and with such other Federal agencies and departments as the Secretary
determines to be appropriate to make available to the public on an
Internet website a resource center, to be known as the ``Smart Community
Resource Center'', that includes a compilation of resources or links to
resources for States and local communities to use in developing and
implementing--
[[Page 135 STAT. 838]]
(1) intelligent transportation system programs; or
(2) smart community transportation programs.
(c) Inclusions.--The resource center shall include links to--
(1) existing programs and resources for intelligent
transportation system or smart community transportation
programs, including technical assistance, education, training,
funding, and examples of intelligent transportation systems or
smart community transportation programs implemented by States
and local communities, available from--
(A) the Department;
(B) other Federal agencies; and
(C) non-Federal sources;
(2) existing reports or databases with the results of
intelligent transportation system or smart community
transportation programs;
(3) any best practices developed or lessons learned from
intelligent transportation system or smart community
transportation programs; and
(4) such other resources as the Secretary determines to be
appropriate.
(d) Deadline.--The Secretary shall establish the resource center by
the date that is 1 year after the date of enactment of this Act.
(e) Updates.--The Secretary shall ensure that the resource center is
updated on a regular basis.
SEC. 25003. <<NOTE: 49 USC 6302 note.>> FEDERAL SUPPORT FOR LOCAL
DECISIONMAKING.
(a) <<NOTE: Determination.>> Local Outreach.--To determine the data
analysis tools needed to assist local communities in making
infrastructure decisions, the Director of the Bureau of Transportation
Statistics shall perform outreach to planning and infrastructure
decision-making officials in units of local government and other units
of government, including a geographically diverse group of individuals
from--
(1) States;
(2) political subdivisions of States;
(3) cities;
(4) metropolitan planning organizations;
(5) regional transportation planning organizations; and
(6) federally recognized Indian Tribes.
(b) <<NOTE: Reviews Updates.>> Work Plan.--
(1) <<NOTE: Deadline.>> In general.--Not later than 1 year
after the date of enactment of this Act, based on the outreach
performed under subsection (a), the Director of the Bureau of
Transportation Statistics shall submit to the Secretary a work
plan for reviewing and updating existing data analysis tools and
developing any additional data analysis tools needed to assist
local communities with making infrastructure investment
decisions.
(2) Contents.--Based on the needs identified pursuant to the
outreach performed under subsection (a), the work plan submitted
under paragraph (1) shall include--
(A) a description of the data analysis tools
identified that would benefit infrastructure decision-
making by local governments and address the goals
described in subsection (c);
[[Page 135 STAT. 839]]
(B) a review of the datasets that local governments
need to effectively use the data analysis tools
described in subparagraph (A);
(C) an identification of existing or proposed data
analysis tools that use publicly available data;
(D) <<NOTE: Cost estimate.>> the estimated cost of
obtaining each dataset described in subparagraph (B);
(E) <<NOTE: Cost estimate.>> the estimated cost to
develop the data analysis tools described in
subparagraph (A);
(F) a prioritization for the development of data
analysis tools described in subparagraph (A); and
(G) <<NOTE: Determination.>> a determination as to
whether it would be appropriate for the Federal
Government to develop the data analysis tools described
in subparagraph (A).
(c) Goals.--
(1) In general.--A data analysis tool created pursuant to
the work plan submitted under subsection (b)(1) shall be
developed to help inform local communities in making
infrastructure investments.
(2) Specific issues.--A data analysis tool created pursuant
to the work plan submitted under subsection (b)(1) shall be
intended to help units of local government and other units of
government address 1 or more of the following:
(A) Improving maintenance of existing assets.
(B) Rebuilding infrastructure to a state of good
repair.
(C) Creating economic development through
infrastructure development.
(D) Establishing freight plans and infrastructure
that connects the community to supply chains.
(E) Increasing options for communities that lack
access to affordable transportation to improve access to
jobs, affordable housing, schools, medical services,
foods and other essential community services.
(F) Reducing congestion.
(G) Improving community resilience to extreme
weather events.
(H) Any other subject, as the Director determines to
be necessary.
(d) Implementation.--Subject to the availability of appropriations,
the Secretary shall develop data analysis tools and purchase datasets as
prioritized in the work plan.
(e) Coordination.--The Director of the Bureau of Transportation
Statistics may utilize existing working groups or advisory committees to
perform the local outreach required under subsection (a).
SEC. 25004. BUREAU OF TRANSPORTATION STATISTICS.
(a) <<NOTE: Time period.>> Funding.--In addition to amounts made
available from the Highway Trust Fund, there is authorized to be
appropriated to the Secretary for use by the Bureau of Transportation
Statistics for data collection and analysis activities $10,000,000 for
each of fiscal years 2022 through 2026.
(b) Amendment.--Section 6302(b)(3)(B)(vi) of title 49, United States
Code, is amended--
(1) by striking subclause (V);
(2) by redesignating subclauses (VI) through (XI) as
subclauses (VII) through (XII), respectively; and
[[Page 135 STAT. 840]]
(3) by adding after subclause (IV) the following:
``(V) employment in the
transportation sector;
``(VI) the effects of the
transportation system, including
advanced technologies and automation, on
global and domestic economic
competitiveness;''.
SEC. 25005. <<NOTE: 23 USC 502 note.>> STRENGTHENING MOBILITY AND
REVOLUTIONIZING TRANSPORTATION GRANT
PROGRAM.
(a) Definitions.--In this section:
(1) Eligible entity.--The term ``eligible entity'' means--
(A) a State;
(B) a political subdivision of a State;
(C) a Tribal government;
(D) a public transit agency or authority;
(E) a public toll authority;
(F) a metropolitan planning organization; and
(G) a group of 2 or more eligible entities described
in any of subparagraphs (A) through (F) applying through
a single lead applicant.
(2) Eligible project.--The term ``eligible project'' means a
project described in subsection (e).
(3) Large community.--The term ``large community'' means a
community with a population of not less than 400,000
individuals, as determined under the most recent annual estimate
of the Bureau of the Census.
(4) Midsized community.--The term ``midsized community''
means any community that is not a large community or a rural
community.
(5) Regional partnership.--The term ``regional partnership''
means a partnership composed of 2 or more eligible entities
located in jurisdictions with a combined population that is
equal to or greater than the population of any midsized
community.
(6) Rural community.--The term ``rural community'' means a
community that is located in an area that is outside of an
urbanized area (as defined in section 5302 of title 49, United
States Code).
(7) SMART grant.--The term ``SMART grant'' means a grant
provided to an eligible entity under the Strengthening Mobility
and Revolutionizing Transportation Grant Program established
under subsection (b).
(b) Establishment of Program.--The Secretary shall establish a
program, to be known as the ``Strengthening Mobility and Revolutionizing
Transportation Grant Program'', under which the Secretary shall provide
grants to eligible entities to conduct demonstration projects focused on
advanced smart city or community technologies and systems in a variety
of communities to improve transportation efficiency and safety.
(c) <<NOTE: Determination.>> Distribution.--In determining the
projects for which to provide a SMART grant, the Secretary shall
consider contributions to geographical diversity among grant recipients,
including the need for balancing the needs of rural communities,
midsized communities, and large communities, consistent with the
requirements of subparagraphs (A) through (C) of subsection (g)(1).
(d) Applications.--
(1) In general.--An eligible entity may submit to the
Secretary an application for a SMART grant at such time,
[[Page 135 STAT. 841]]
in such manner, and containing such information as the Secretary
may require.
(2) Transparency.--The Secretary shall include, in any
notice of funding availability relating to SMART grants, a full
description of the method by which applications under paragraph
(1) will be evaluated.
(3) Selection criteria.--
(A) <<NOTE: Evaluation.>> In general.--The
Secretary shall evaluate applications for SMART grants
based on--
(i) the extent to which the eligible entity or
applicable beneficiary community--
(I) has a public transportation
system or other transit options capable
of integration with other systems to
improve mobility and efficiency;
(II) has a population density and
transportation needs conducive to
demonstrating proposed strategies;
(III) has continuity of committed
leadership and the functional capacity
to carry out the proposed project;
(IV) is committed to open data
sharing with the public; and
(V) is likely to successfully
implement the proposed eligible project,
including through technical and
financial commitments from the public
and private sectors; and
(ii) the extent to which a proposed eligible
project will use advanced data, technology, and
applications to provide significant benefits to a
local area, a State, a region, or the United
States, including the extent to which the proposed
eligible project will--
(I) reduce congestion and delays for
commerce and the traveling public;
(II) improve the safety and
integration of transportation facilities
and systems for pedestrians, bicyclists,
and the broader traveling public;
(III) improve access to jobs,
education, and essential services,
including health care;
(IV) connect or expand access for
underserved or disadvantaged populations
and reduce transportation costs;
(V) contribute to medium- and long-
term economic competitiveness;
(VI) improve the reliability of
existing transportation facilities and
systems;
(VII) promote connectivity between
and among connected vehicles, roadway
infrastructure, pedestrians, bicyclists,
the public, and transportation systems
(VIII) incentivize private sector
investments or partnerships, including
by working with mobile and fixed
telecommunication service providers, to
the extent practicable;
(IX) improve energy efficiency or
reduce pollution;
(X) increase the resiliency of the
transportation system; and
[[Page 135 STAT. 842]]
(XI) improve emergency response.
(B) Priority.--In providing SMART grants, the
Secretary shall give priority to applications for
eligible projects that would--
(i) demonstrate smart city or community
technologies in repeatable ways that can rapidly
be scaled;
(ii) encourage public and private sharing of
data and best practices;
(iii) encourage private-sector innovation by
promoting industry-driven technology standards,
open platforms, technology-neutral requirements,
and interoperability;
(iv) promote a skilled workforce that is
inclusive of minority or disadvantaged groups;
(v) allow for the measurement and validation
of the cost savings and performance improvements
associated with the installation and use of smart
city or community technologies and practices;
(vi) encourage the adoption of smart city or
community technologies by communities;
(vii) promote industry practices regarding
cybersecurity; and
(viii) safeguard individual privacy.
(4) Technical assistance.--On request of an eligible entity
that submitted an application under paragraph (1) with respect
to a project that is not selected for a SMART grant, the
Secretary shall provide to the eligible entity technical
assistance and briefings relating to the project.
(e) Use of Grant Funds.--
(1) Eligible projects.--
(A) In general.--A SMART grant may be used to carry
out a project that demonstrates at least 1 of the
following:
(i) Coordinated automation.--The use of
automated transportation and autonomous vehicles,
while working to minimize the impact on the
accessibility of any other user group or mode of
travel.
(ii) Connected vehicles.--Vehicles that send
and receive information regarding vehicle
movements in the network and use vehicle-to-
vehicle and vehicle-to-everything communications
to provide advanced and reliable connectivity.
(iii) Intelligent, sensor-based
infrastructure.--The deployment and use of a
collective intelligent infrastructure that allows
sensors to collect and report real-time data to
inform everyday transportation-related operations
and performance.
(iv) Systems integration.--The integration of
intelligent transportation systems with other
existing systems and other advanced transportation
technologies.
(v) Commerce delivery and logistics.--
Innovative data and technological solutions
supporting efficient goods movement, such as
connected vehicle probe data, road weather data,
or global positioning data to improve on-time
pickup and delivery, improved travel time
reliability, reduced fuel consumption and
[[Page 135 STAT. 843]]
emissions, and reduced labor and vehicle
maintenance costs.
(vi) Leveraging use of innovative aviation
technology.--Leveraging the use of innovative
aviation technologies, such as unmanned aircraft
systems, to support transportation safety and
efficiencies, including traffic monitoring and
infrastructure inspection.
(vii) Smart grid.--Development of a
programmable and efficient energy transmission and
distribution system to support the adoption or
expansion of energy capture, electric vehicle
deployment, or freight or commercial fleet fuel
efficiency.
(viii) Smart technology traffic signals.--
Improving the active management and functioning of
traffic signals, including through--
(I) the use of automated traffic
signal performance measures;
(II) implementing strategies,
activities, and projects that support
active management of traffic signal
operations, including through
optimization of corridor timing,
improved vehicle, pedestrian, and
bicycle detection at traffic signals, or
the use of connected vehicle
technologies;
(III) replacing outdated traffic
signals; or
(IV) for an eligible entity serving
a population of less than 500,000,
paying the costs of temporary staffing
hours dedicated to updating traffic
signal technology.
(2) Eligible project costs.--A SMART grant may be used for--
(A) development phase activities, including--
(i) planning;
(ii) feasibility analyses;
(iii) revenue forecasting;
(iv) environmental review;
(v) permitting;
(vi) preliminary engineering and design work;
(vii) systems development or information
technology work; and
(viii) acquisition of real property (including
land and improvements to land relating to an
eligible project); and
(B) construction phase activities, including--
(i) construction;
(ii) reconstruction;
(iii) rehabilitation;
(iv) replacement;
(v) environmental mitigation;
(vi) construction contingencies; and
(vii) acquisition of equipment, including
vehicles.
(3) Prohibited uses.--A SMART grant shall not be used--
(A) to reimburse any preaward costs or application
preparation costs of the SMART grant application;
(B) for any traffic or parking enforcement activity;
or
(C) to purchase or lease a license plate reader.
[[Page 135 STAT. 844]]
(f) Reports.--
(1) Eligible entities.--Not later than 2 years after the
date on which an eligible entity receives a SMART grant, and
annually thereafter until the date on which the SMART grant is
expended, the eligible entity shall submit to the Secretary an
implementation report that describes--
(A) the deployment and operational costs of each
eligible project carried out by the eligible entity, as
compared to the benefits and savings from the eligible
project; and
(B) the means by which each eligible project carried
out by the eligible entity has met the original
expectation, as projected in the SMART grant
application, including--
(i) <<NOTE: Data.>> data describing the means
by which the eligible project met the specific
goals for the project, such as--
(I) reducing traffic-related
fatalities and injuries;
(II) reducing traffic congestion or
improving travel-time reliability;
(III) providing the public with
access to real-time integrated traffic,
transit, and multimodal transportation
information to make informed travel
decisions; or
(IV) reducing barriers or improving
access to jobs, education, or various
essential services;
(ii) the effectiveness of providing to the
public real-time integrated traffic, transit, and
multimodal transportation information to make
informed travel decisions; and
(iii) lessons learned and recommendations for
future deployment strategies to optimize
transportation efficiency and multimodal system
performance.
(2) GAO.--Not later than 4 years after the date of enactment
of this Act, the Comptroller General of the United States shall
conduct, and submit to the Committee on Commerce, Science, and
Transportation of the Senate, the Committee on Energy and
Commerce of the House of Representatives, and the Committee on
Transportation and Infrastructure of the House of
Representatives a report describing the results of, a review of
the SMART grant program under this section.
(3) Secretary.--
(A) Report to congress.--Not later than 2 years
after the date on which the initial SMART grants are
provided under this section, the Secretary shall submit
to the Committee on Commerce, Science, and
Transportation of the Senate, the Committee on Energy
and Commerce of the House of Representatives, and the
Committee on Transportation and Infrastructure of the
House of Representatives a report that--
(i) describes each eligible entity that
received a SMART grant;
(ii) identifies the amount of each SMART grant
provided;
(iii) summarizes the intended uses of each
SMART grant;
(iv) describes the effectiveness of eligible
entities in meeting the goals described in the
SMART grant
[[Page 135 STAT. 845]]
application of the eligible entity, including an
assessment or measurement of the realized
improvements or benefits resulting from each SMART
grant; and
(v) describes lessons learned and
recommendations for future deployment strategies
to optimize transportation efficiency and
multimodal system performance.
(B) Best practices.--The Secretary shall--
(i) develop and regularly update best
practices based on, among other information, the
data, lessons learned, and feedback from eligible
entities that received SMART grants;
(ii) <<NOTE: Public information. Web
posting.>> publish the best practices under
clause (i) on a publicly available website; and
(iii) <<NOTE: Updates.>> update the best
practices published on the website under clause
(ii) regularly.
(g) Authorization of Appropriations.--
(1) <<NOTE: Time period.>> In general.--There is authorized
to be appropriated to the Secretary $100,000,000 for each of the
first 5 fiscal years beginning after the date of enactment of
this Act, of which--
(A) not more than 40 percent shall be used to
provide SMART grants for eligible projects that
primarily benefit large communities;
(B) not more than 30 percent shall be provided for
eligible projects that primarily benefit midsized
communities; and
(C) not more than 30 percent shall be used to
provide SMART grants for eligible projects that
primarily benefit rural communities or regional
partnerships.
(2) Administrative costs.--Of the amounts made available
under paragraph (1) for each fiscal year, not more than 2
percent shall be used for administrative costs of the Secretary
in carrying out this section.
(3) Limitation.--An eligible entity may not use more than 3
percent of the amount of a SMART grant for each fiscal year to
achieve compliance with applicable planning and reporting
requirements.
(4) <<NOTE: Time period.>> Availability.--The amounts made
available for a fiscal year pursuant to this subsection shall be
available for obligation during the 2-fiscal-year period
beginning on the first day of the fiscal year for which the
amounts were appropriated.
SEC. 25006. <<NOTE: 23 USC 151 note.>> ELECTRIC VEHICLE WORKING
GROUP.
(a) Definitions.--In this section:
(1) Secretaries.--The term ``Secretaries'' means--
(A) the Secretary; and
(B) the Secretary of Energy.
(2) Working group.--The term ``working group'' means the
electric vehicle working group established under subsection
(b)(1).
(b) Establishment.--
(1) <<NOTE: Deadline. Recommenda- tions.>> In general.--Not
later than 1 year after the date of enactment of this Act, the
Secretaries shall jointly establish an electric vehicle working
group to make recommendations regarding the development,
adoption, and integration of light-, medium-, and heavy-duty
electric vehicles into the transportation and energy systems of
the United States.
[[Page 135 STAT. 846]]
(2) Membership.--
(A) In general.--The working group shall be composed
of--
(i) the Secretaries (or designees), who shall
be cochairs of the working group; and
(ii) <<NOTE: Appointments.>> not more than 25
members, to be appointed by the Secretaries, of
whom--
(I) not more than 6 shall be Federal
stakeholders as described in
subparagraph (B); and
(II) not more than 19 shall be non-
Federal stakeholders as described in
subparagraph (C).
(B) Federal stakeholders.--The working group--
(i) shall include not fewer than 1
representative of each of--
(I) the Department;
(II) the Department of Energy;
(III) the Environmental Protection
Agency;
(IV) the Council on Environmental
Quality; and
(V) the General Services
Administration; and
(ii) may include a representative of any other
Federal agency the Secretaries consider to be
appropriate.
(C) Non-federal stakeholders.--
(i) In general.--Subject to clause (ii), the
working group--
(I) shall include not fewer than 1
representative of each of--
(aa) a manufacturer of
light-duty electric vehicles or
the relevant components of
light-duty electric vehicles;
(bb) a manufacturer of
medium- and heavy-duty vehicles
or the relevant components of
medium- and heavy-duty electric
vehicles;
(cc) a manufacturer of
electric vehicle batteries;
(dd) an owner, operator, or
manufacturer of electric vehicle
charging equipment;
(ee) the public utility
industry;
(ff) a public utility
regulator or association of
public utility regulators;
(gg) the transportation
fueling distribution industry;
(hh) the energy provider
industry;
(ii) the automotive dealing
industry;
(jj) the for-hire passenger
transportation industry;
(kk) an organization
representing units of local
government;
(ll) an organization
representing regional
transportation or planning
agencies;
(mm) an organization
representing State departments
of transportation;
(nn) an organization
representing State departments
of energy or State energy
planners;
[[Page 135 STAT. 847]]
(oo) the intelligent
transportation systems and
technologies industry;
(pp) labor organizations
representing workers in
transportation manufacturing,
construction, or operations;
(qq) the trucking industry;
(rr) Tribal governments; and
(ss) the property
development industry; and
(II) may include a representative of
any other non-Federal stakeholder that
the Secretaries consider to be
appropriate.
(ii) Requirement.--The stakeholders selected
under clause (i) shall, in the aggregate--
(I) consist of individuals with a
balance of backgrounds, experiences, and
viewpoints; and
(II) include individuals that
represent geographically diverse regions
of the United States, including
individuals representing the
perspectives of rural, urban, and
suburban areas.
(D) Compensation.--A member of the working group
shall serve without compensation.
(3) Meetings.--
(A) <<NOTE: Time period.>> In general.--The working
group shall meet not less frequently than once every 120
days.
(B) Remote participation.--A member of the working
group may participate in a meeting of the working group
via teleconference or similar means.
(4) Coordination.--In carrying out the duties of the working
group, the working group shall coordinate and consult with any
existing Federal interagency working groups on fleet conversion
or other similar matters relating to electric vehicles.
(c) Reports and Strategy on Electric Vehicle Adoption.--
(1) Working group reports.--The working group shall complete
by each of the deadlines described in paragraph (2) a report
describing the status of electric vehicle adoption including--
(A) a description of the barriers and opportunities
to scaling up electric vehicle adoption throughout the
United States, including recommendations for issues
relating to--
(i) consumer behavior;
(ii) charging infrastructure needs, including
standardization and cybersecurity;
(iii) manufacturing and battery costs,
including the raw material shortages for batteries
and electric motor magnets;
(iv) the adoption of electric vehicles for
low- and moderate-income individuals and
underserved communities, including charging
infrastructure access and vehicle purchase
financing;
(v) business models for charging personal
electric vehicles outside the home, including
wired and wireless charging;
(vi) charging infrastructure permitting and
regulatory issues;
(vii) the connections between housing and
transportation costs and emissions;
[[Page 135 STAT. 848]]
(viii) freight transportation, including
local, port and drayage, regional, and long-haul
trucking;
(ix) intercity passenger travel;
(x) the process by which governments collect a
user fee for the contribution of electric vehicles
to funding roadway improvements;
(xi) State- and local-level policies,
incentives, and zoning efforts;
(xii) the installation of highway corridor
signage;
(xiii) secondary markets and recycling for
batteries;
(xiv) grid capacity and integration;
(xv) energy storage; and
(xvi) specific regional or local issues that
may not appear to apply throughout the United
States, but may hamper nationwide adoption or
coordination of electric vehicles;
(B) examples of successful public and private models
and demonstration projects that encourage electric
vehicle adoption;
(C) <<NOTE: Analysis.>> an analysis of current
efforts to overcome the barriers described in
subparagraph (A);
(D) <<NOTE: Analysis. Cost estimates.>> an analysis
of the estimated costs and benefits of any
recommendations of the working group; and
(E) any other topics, as determined by the working
group.
(2) Deadlines.--A report under paragraph (1) shall be
submitted to the Secretaries, the Committees on Commerce,
Science, and Transportation and Appropriations of the Senate and
the Committees on Transportation and Infrastructure and
Appropriations of the House of Representatives--
(A) in the case of the first report, by not later
than 18 months after the date on which the working group
is established under subsection (b)(1);
(B) in the case of the second report, by not later
than 2 years after the date on which the first report is
required to be submitted under subparagraph (A); and
(C) in the case of the third report, by not later
than 2 years after the date on which the second report
is required to be submitted under subparagraph (B).
(3) Strategy.--
(A) <<NOTE: Update.>> In general.--Based on the
reports submitted by the working group under paragraph
(1), the Secretaries shall jointly develop, maintain,
and update a strategy that describes the means by which
the Federal Government, States, units of local
government, and industry can--
(i) establish quantitative targets for
transportation electrification;
(ii) overcome the barriers described in
paragraph (1)(A);
(iii) identify areas of opportunity in
research and development to improve battery
manufacturing, mineral mining, recycling costs,
material recovery, fire risks, and battery
performance for electric vehicles;
(iv) enhance Federal interagency coordination
to promote electric vehicle adoption;
[[Page 135 STAT. 849]]
(v) prepare the workforce for the adoption of
electric vehicles, including through collaboration
with labor unions, educational institutions, and
relevant manufacturers;
(vi) expand electric vehicle and charging
infrastructure;
(vii) expand knowledge of the benefits of
electric vehicles among the general public;
(viii) maintain the global competitiveness of
the United States in the electric vehicle and
charging infrastructure markets;
(ix) provide clarity in regulations to improve
national uniformity with respect to electric
vehicles; and
(x) ensure the sustainable integration of
electric vehicles into the national electric grid.
(B) Notice and comment.--In carrying out
subparagraph (A), the Secretaries shall provide public
notice and opportunity for comment on the strategy
described in that subparagraph.
(4) Information.--
(A) <<NOTE: Contracts.>> In general.--The
Secretaries may enter into an agreement with the
Transportation Research Board of the National Academies
of Sciences, Engineering, and Medicine to provide,
track, or report data, information, or research to
assist the working group in carrying out paragraph (1).
(B) Use of existing information.--In developing a
report under paragraph (1) or a strategy under paragraph
(3), the Secretaries and the working group shall take
into consideration existing Federal, State, local,
private sector, and academic data and information
relating to electric vehicles and, to the maximum extent
practicable, coordinate with the entities that publish
that information--
(i) to prevent duplication of efforts by the
Federal Government; and
(ii) to leverage existing information and
complementary efforts.
(d) Coordination.--To the maximum extent practicable, the
Secretaries and the working group shall carry out this section using all
available existing resources, websites, and databases of Federal
agencies, such as--
(1) the Alternative Fuels Data Center;
(2) the Energy Efficient Mobility Systems program; and
(3) the Clean Cities Coalition Network.
(e) Termination.--The working group shall terminate on submission of
the third report required under subsection (c)(2)(C).
SEC. 25007. <<NOTE: 49 USC 301 note.>> RISK AND SYSTEM
RESILIENCE.
(a) <<NOTE: Consultation.>> In General.--The Secretary, in
consultation with appropriate Federal, State, and local agencies, shall
develop a process for quantifying annual risk in order to increase
system resilience with respect to the surface transportation system of
the United States by measuring--
(1) resilience to threat probabilities by type of hazard and
geographical location;
[[Page 135 STAT. 850]]
(2) resilience to asset vulnerabilities with respect to each
applicable threat; and
(3) anticipated consequences from each applicable threat to
each asset.
(b) Use by State, Regional, Tribal, and Local Entities.--
(1) In general.--The Secretary shall provide the process
developed under subsection (a) to State departments of
transportation, metropolitan planning organizations, Indian
Tribes, local governments, and other relevant entities.
(2) Guidance and technical assistance.--The Secretary shall
provide to the entities described in paragraph (1) guidance and
technical assistance on the use of the process referred to in
that paragraph.
(c) Research.--
(1) In general.--The Secretary shall--
(A) identify and support fundamental research to
develop a framework and quantitative models to support
compilation of information for risk-based analysis of
transportation assets by standardizing the basis for
quantifying annual risk and increasing system
resilience; and
(B) build on existing resilience research, including
studies conducted by--
(i) the Transportation Research Board of the
National Academies of Sciences, Engineering, and
Medicine; and
(ii) the National Institute of Standards and
Technology.
(2) Use of existing facilities.--In carrying out paragraph
(1), the Secretary shall use existing research facilities
available to the Secretary, including the Turner-Fairbank
Highway Research Center and University Transportation Centers
established under section 5505 of title 49, United States Code.
SEC. 25008. COORDINATION ON EMERGING TRANSPORTATION TECHNOLOGY.
(a) In General.--Subchapter I of chapter 3 of title 49, United
States Code, is amended by adding at the end the following:
``Sec. 313. <<NOTE: 49 USC 313.>> Nontraditional and Emerging
Transportation Technology Council
``(a) <<NOTE: Deadline.>> Establishment.--Not later than 180 days
after the date of enactment of this section, the Secretary of
Transportation (referred to in this section as the `Secretary') shall
establish a council, to be known as the `Nontraditional and Emerging
Transportation Technology Council' (referred to in this section as the
`Council'), to address coordination on emerging technology issues across
all modes of transportation.
``(b) Membership.--
``(1) In general.--The Council shall be composed of--
``(A) the Secretary, who shall serve as an ex
officio member of the Council;
``(B) the Deputy Secretary of Transportation;
``(C) the Under Secretary of Transportation for
Policy;
``(D) the Assistant Secretary for Research and
Technology of the Department of Transportation;
``(E) the Assistant Secretary for Budget and
Programs of the Department of Transportation;
[[Page 135 STAT. 851]]
``(F) the General Counsel of the Department of
Transportation;
``(G) the Chief Information Officer of the
Department of Transportation;
``(H) the Administrator of the Federal Aviation
Administration;
``(I) the Administrator of the Federal Highway
Administration;
``(J) the Administrator of the Federal Motor Carrier
Safety Administration;
``(K) the Administrator of the Federal Railroad
Administration;
``(L) the Administrator of the Federal Transit
Administration;
``(M) the Administrator of the Maritime
Administration;
``(N) the Administrator of the National Highway
Traffic Safety Administration;
``(O) the Administrator of the Pipeline and
Hazardous Materials Safety Administration; and
``(P) any other official of the Department of
Transportation, as determined by the Secretary.
``(2) Chair and vice chair.--
``(A) Chair.--The Deputy Secretary of Transportation
(or a designee) shall serve as Chair of the Council.
``(B) Vice chair.--The Under Secretary of
Transportation for Policy (or a designee) shall serve as
Vice Chair of the Council.
``(c) Duties.--The Council shall--
``(1) identify and resolve jurisdictional and regulatory
gaps or inconsistencies associated with nontraditional and
emerging transportation technologies, modes, or projects pending
or brought before the Department of Transportation to reduce, to
the maximum extent practicable, impediments to the prompt and
safe deployment of new and innovative transportation technology,
including with respect to--
``(A) safety oversight;
``(B) environmental review; and
``(C) funding and financing issues;
``(2) coordinate the response of the Department of
Transportation to nontraditional and emerging transportation
technology projects;
``(3) engage with stakeholders in nontraditional and
emerging transportation technology projects; and
``(4) develop and establish Department of Transportation-
wide processes, solutions, and best practices for identifying
and managing nontraditional and emerging transportation
technology projects.
``(d) <<NOTE: Deadline.>> Best Practices.--Not later than 1 year
after the date of enactment of this section, the Council shall--
``(1) <<NOTE: Publication. Guidelines.>> publish initial
guidelines to achieve the purposes described in subsection
(c)(4); and
``(2) promote each modal administration within the
Department of Transportation to further test and support the
advancement of nontraditional and emerging transportation
technologies not specifically considered by the Council.
[[Page 135 STAT. 852]]
``(e) Support.--The Office of the Secretary shall provide support
for the Council.
``(f) <<NOTE: Time period.>> Meetings.--The Council shall meet not
less frequently than 4 times per year, at the call of the Chair.
``(g) Lead Modal Administration.--For each nontraditional or
emerging transportation technology, mode, or project associated with a
jurisdictional or regulatory gap or inconsistency identified under
subsection (c)(1), the Chair of the Council shall--
``(1) designate a lead modal administration of the
Department of Transportation for review of the technology, mode,
or project; and
``(2) arrange for the detailing of staff between modal
administrations or offices of the Department of Transportation
as needed to maximize the sharing of experience and expertise.
``(h) <<NOTE: Time period. Public information. Web
posting. Reports.>> Transparency.--Not later than 1 year after the date
of establishment of the Council, and not less frequently than annually
thereafter until December 31, 2026, the Council shall post on a publicly
accessible website a report describing the activities of the Council
during the preceding calendar year.''.
(b) Clerical Amendment.--The analysis for subchapter I of chapter 3
of title 49, United States Code, <<NOTE: 49 USC 301 prec.>> is amended
by adding at the end the following:
``313. Nontraditional and Emerging Transportation Technology Council.''.
SEC. 25009. INTERAGENCY INFRASTRUCTURE PERMITTING IMPROVEMENT
CENTER.
(a) In General.--Section 102 of title 49, United States Code (as
amended by section 14009), is amended--
(1) in subsection (a), by inserting ``(referred to in this
section as the `Department')'' after ``Transportation'';
(2) in subsection (b), in the first sentence, by inserting
``(referred to in this section as the `Secretary')'' after
``Transportation'';
(3) by redesignating subsection (h) as subsection (i); and
(4) by inserting after subsection (g) the following:
``(h) Interagency Infrastructure Permitting Improvement Center.--
``(1) Definitions.--In this subsection:
``(A) Center.--The term `Center' means the
Interagency Infrastructure Permitting Improvement Center
established by paragraph (2).
``(B) Project.--The term `project' means a project
authorized or funded under--
``(i) this title; or
``(ii) title 14, 23, 46, or 51.
``(2) Establishment.--There is established within the Office
of the Secretary a center, to be known as the `Interagency
Infrastructure Permitting Improvement Center'.
``(3) Purposes.--The purposes of the Center shall be--
``(A) to implement reforms to improve interagency
coordination and expedite projects relating to the
permitting and environmental review of major
transportation infrastructure projects, including--
``(i) developing and deploying information
technology tools to track project schedules and
metrics; and
[[Page 135 STAT. 853]]
``(ii) improving the transparency and
accountability of the permitting process;
``(B)(i) to identify appropriate methods to assess
environmental impacts; and
``(ii) to develop innovative methods for
reasonable mitigation;
``(C) to reduce uncertainty and delays with respect
to environmental reviews and permitting; and
``(D) to reduce costs and risks to taxpayers in
project delivery.
``(4) Executive director.--The Center shall be headed by an
Executive Director, who shall--
``(A) report to the Under Secretary of
Transportation for Policy;
``(B) be responsible for the management and
oversight of the daily activities, decisions,
operations, and personnel of the Center; and
``(C) carry out such additional duties as the
Secretary may prescribe.
``(5) Duties.--The Center shall carry out the following
duties:
``(A) Coordinate and support implementation of
priority reform actions for Federal agency permitting
and reviews.
``(B) Support modernization efforts at the operating
administrations within the Department and interagency
pilot programs relating to innovative approaches to the
permitting and review of transportation infrastructure
projects.
``(C) Provide technical assistance and training to
Department staff on policy changes, innovative
approaches to project delivery, and other topics, as
appropriate.
``(D) Identify, develop, and track metrics for
timeliness of permit reviews, permit decisions, and
project outcomes.
``(E) Administer and expand the use of online
transparency tools providing for--
``(i) tracking and reporting of metrics;
``(ii) development and posting of schedules
for permit reviews and permit decisions;
``(iii) the sharing of best practices relating
to efficient project permitting and reviews; and
``(iv) the visual display of relevant
geospatial data to support the permitting process.
``(F) <<NOTE: Reports.>> Submit to the Secretary
reports describing progress made toward achieving--
``(i) greater efficiency in permitting
decisions and review of infrastructure projects;
and
``(ii) better outcomes for communities and the
environment.
``(6) Innovative best practices.--
``(A) In general.--The Center shall work with the
operating administrations within the Department,
eligible entities, and other public and private
interests to develop and promote best practices for
innovative project delivery.
``(B) Activities.--The Center shall support the
Department and operating administrations in conducting
environmental reviews and permitting, together with
project sponsor technical assistance activities, by--
[[Page 135 STAT. 854]]
``(i) carrying out activities that are
appropriate and consistent with the goals and
policies of the Department to improve the delivery
timelines for projects;
``(ii) serving as the Department liaison to--
``(I) the Council on Environmental
Quality; and
``(II) the Federal Permitting
Improvement Steering Council established
by section 41002(a) of the Fixing
America's Surface Transportation Act (42
U.S.C. 4370m-1(a));
``(iii) supporting the National Surface
Transportation and Innovative Finance Bureau
(referred to in this paragraph as the `Bureau') in
implementing activities to improve delivery
timelines, as described in section 116(f), for
projects carried out under the programs described
in section 116(d)(1) for which the Bureau
administers the application process;
``(iv) leading activities to improve delivery
timelines for projects carried out under programs
not administered by the Bureau by--
``(I) coordinating efforts to
improve the efficiency and effectiveness
of the environmental review and
permitting process;
``(II) providing technical
assistance and training to field and
headquarters staff of Federal agencies
with respect to policy changes and
innovative approaches to the delivery of
projects; and
``(III) identifying, developing, and
tracking metrics for permit reviews and
decisions by Federal agencies for
projects under the National
Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.).
``(C) NEPA compliance assistance.--
``(i) In general.--Subject to clause (ii), at
the request of an entity that is carrying out a
project, the Center, in coordination with the
appropriate operating administrations within the
Department, shall provide technical assistance
relating to compliance with the applicable
requirements of the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.) and
applicable Federal authorizations.
``(ii) Assistance from the bureau.--For
projects carried out under the programs described
in section 116(d)(1) for which the Bureau
administers the application process, the Bureau,
on request of the entity carrying out the project,
shall provide the technical assistance described
in clause (i).''.
(b) Conforming Amendment.--Section 116(f)(2) of title 49, United
States Code, is amended--
(1) by striking subparagraph (A); and
(2) by redesignating subparagraphs (B) through (D) and
subparagraphs (A) through (C), respectively.
SEC. 25010. <<NOTE: 49 USC 102 note.>> RURAL OPPORTUNITIES TO USE
TRANSPORTATION FOR ECONOMIC SUCCESS
INITIATIVE.
(a) Definitions.--In this section:
[[Page 135 STAT. 855]]
(1) Build america bureau.--The term ``Build America Bureau''
means the National Surface Transportation and Innovative Finance
Bureau established under section 116 of title 49, United States
Code.
(2) Indian tribe.--The term ``Indian Tribe'' has the meaning
given the term in section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 5304).
(3) ROUTES council.--The term ``ROUTES Council'' means the
Rural Opportunities to Use Transportation for Economic Success
Council established by subsection (c)(1).
(4) ROUTES office.--The term ``ROUTES Office'' means the
Rural Opportunities to Use Transportation for Economic Success
Office established by subsection (b)(1).
(b) Routes Office.--
(1) In general.--The Secretary shall establish within the
Department the Rural Opportunities to Use Transportation for
Economic Success Office--
(A) to improve analysis of projects from rural
areas, Indian Tribes, and historically disadvantaged
communities in rural areas applying for Department
discretionary grants, including ensuring that project
costs, local resources, and the larger benefits to the
people and the economy of the United States are
appropriately considered; and
(B) to provide rural communities, Indian Tribes, and
historically disadvantaged communities in rural areas
with technical assistance for meeting the transportation
infrastructure investment needs of the United States in
a financially sustainable manner.
(2) Objectives.--The ROUTES Office shall--
(A) collect input from knowledgeable entities and
the public on--
(i) the benefits of rural and Tribal
transportation projects;
(ii) the technical and financial assistance
required for constructing and operating
transportation infrastructure and services within
rural areas and on the land of Indian Tribes;
(iii) barriers and opportunities to funding
transportation projects in rural areas and on the
land of Indian Tribes; and
(iv) unique transportation barriers and
challenges faced by Indian Tribes and historically
disadvantaged communities in rural areas;
(B) evaluate data on transportation challenges faced
by rural communities and Indian Tribes and determine
methods to align the discretionary funding and financing
opportunities of the Department with the needs of those
communities for meeting national transportation goals;
(C) provide education and technical assistance to
rural communities and Indian Tribes about applicable
Department discretionary grants, develop effective
methods to evaluate projects in those communities in
discretionary grant programs, and communicate those
methods through program guidance;
[[Page 135 STAT. 856]]
(D) carry out research and utilize innovative
approaches to resolve the transportation challenges
faced by rural areas and Indian Tribes; and
(E) perform such other duties as determined by the
Secretary.
(c) Routes Council.--
(1) In general.--The Secretary shall establish a Rural
Opportunities to Use Transportation for Economic Success
Council--
(A) to organize, guide, and lead the ROUTES Office;
and
(B) to coordinate rural-related and Tribal-related
funding programs and assistance among the modal
administrations of the Department, the offices of the
Department, and other Federal agencies, as appropriate--
(i) to ensure that the unique transportation
needs and attributes of rural areas and Indian
Tribes are fully addressed during the development
and implementation of programs, policies, and
activities of the Department;
(ii) to increase coordination of programs,
policies, and activities of the Department in a
manner that improves and expands transportation
infrastructure in order to further economic
development in, and the quality of life of, rural
areas and Indian Tribes; and
(iii) to provide rural areas and Indian Tribes
with proactive outreach--
(I) to improve access to
discretionary funding and financing
programs; and
(II) to facilitate timely resolution
of environmental reviews for complex or
high-priority projects.
(2) Membership.--
(A) In general.--The ROUTES Council shall be
composed of the following officers of the Department, or
their designees:
(i) The Deputy Secretary of Transportation.
(ii) The Under Secretary of Transportation for
Policy.
(iii) The General Counsel.
(iv) The Chief Financial Officer and Assistant
Secretary for Budget and Programs.
(v) The Assistant Secretary for Research and
Technology.
(vi) The Assistant Secretary for Multimodal
Freight.
(vii) The Administrators of--
(I) the Federal Aviation
Administration;
(II) the Federal Highway
Administration;
(III) the Federal Railroad
Administration; and
(IV) the Federal Transit
Administration.
(viii) The Executive Director of the Build
America Bureau.
(ix) The Assistant Secretary for Governmental
Affairs.
(x) The Assistant Secretary for Transportation
Policy.
[[Page 135 STAT. 857]]
(xi) The Deputy Assistant Secretary for Tribal
Government Affairs.
(B) Chair.--The Deputy Secretary of Transportation
shall be the Chair of the ROUTES Council.
(C) Additional members.--The Secretary or the Chair
of the ROUTES Council may designate additional members
to serve on the ROUTES Council.
(3) <<NOTE: Consultation.>> Additional modal input.--To
address issues related to safety and transport of commodities
produced in or by, or transported through, as applicable, rural
areas, Indian Tribes, or the land of Indian Tribes, the ROUTES
Council shall consult with the Administrators (or their
designees) of--
(A) the Maritime Administration;
(B) the Great Lakes St. Lawrence Seaway Development
Corporation; and
(C) the National Highway Traffic Safety
Administration.
(4) Duties.--Members of the ROUTES Council shall--
(A) participate in all meetings and relevant ROUTES
Council activities and be prepared to share information
relevant to rural and Tribal transportation
infrastructure projects and issues;
(B) provide guidance and leadership on rural and
Tribal transportation infrastructure issues and
represent the work of the ROUTES Council and the
Department on those issues to external stakeholders; and
(C) recommend initiatives for the consideration of
the Chair of the ROUTES Council to establish and staff
any resulting activities or working groups.
(5) Meetings.--The ROUTES Council shall meet bimonthly.
(6) Additional staffing.--The Secretary shall ensure that
the ROUTES Council and ROUTES Office have adequate staff support
to carry out the duties of the ROUTES Council and the ROUTES
Office, respectively, under this section.
(7) <<NOTE: Reports.>> Work products and deliverables.--The
ROUTES Council may develop work products or deliverables to meet
the goals of the ROUTES Council, including--
(A) an annual report to Congress describing ROUTES
Council activities for the past year and expected
activities for the coming year;
(B) <<NOTE: Recommenda- tions.>> any
recommendations to enhance the effectiveness of
Department discretionary grant programs regarding rural
and Tribal infrastructure issues; and
(C) other guides and reports for relevant groups and
the public.
SEC. 25011. <<NOTE: 49 USC 301 note.>> SAFETY DATA INITIATIVE.
(a) Definition of Eligible Entity.--In this section, the term
``eligible entity'' means--
(1) a State;
(2) a unit of local government;
(3) a transit agency or authority;
(4) a metropolitan planning organization;
(5) any other subdivision of a State or local government;
(6) an institution of higher education; and
(7) a multi-State or multijurisdictional group.
[[Page 135 STAT. 858]]
(b) Safety Data Initiative.--
(1) Establishment.--The Secretary shall establish an
initiative, to be known as the ``Safety Data Initiative'', to
promote the use of data integration, data visualization, and
advanced analytics for surface transportation safety through the
development of innovative practices and products for use by
Federal, State, and local entities.
(2) Activities.--
(A) Applied research.--
(i) In general.--The Secretary shall support
and carry out applied research to develop
practices and products that will encourage the
integration and use of traditional and new sources
of safety data and safety information to improve
policy and decisionmaking at the Federal, State,
and local government levels.
(ii) Methodology.--In carrying out clause (i),
the Secretary may--
(I) carry out demonstration
programs;
(II) award grants and provide
incentives to eligible entities;
(III) enter into partnerships with--
(aa) eligible entities;
(bb) private sector
entities; and
(cc) National Laboratories;
and
(IV) use any other tools,
strategies, or methods that will result
in the effective use of data and
information for safety purposes.
(B) Tools and practices.--In carrying out
subparagraph (A), the Secretary, to the maximum extent
practicable, shall--
(i) develop safety analysis tools for State
and local governments, with a particular focus on
State and local governments with limited capacity
to perform safety analysis;
(ii)(I) identify innovative State and local
government practices;
(II) incubate those practices for further
development; and
(III) replicate those practices nationwide;
and
(iii) transfer to State and local governments
the results of the applied research carried out
under that subparagraph.
(C) Data sharing.--
(i) In general.--To inform the creation of
information useful for safety policy and
decisionmaking, the Secretary shall--
(I) encourage the sharing of data
between and among Federal, State, and
local transportation agencies; and
(II) leverage data from private
sector entities.
(ii) Goals.--The goals of the data-sharing
activities under clause (i) shall include--
(I) the creation of data ecosystems
to reduce barriers to the efficient
integration and analysis of relevant
datasets for use by safety
professionals; and
[[Page 135 STAT. 859]]
(II) the establishment of procedures
adequate to ensure sufficient security,
privacy, and confidentiality as needed
to promote the sharing of sensitive or
proprietary data.
(iii) Management of data ecosystems.--A data
ecosystem described in clause (ii)(I) may be
managed by--
(I) the Director of the Bureau of
Transportation Statistics;
(II) 1 or more trusted third
parties, as determined by the Secretary;
or
(III) 1 or more other entities or
partnerships capable of securing,
managing, and analyzing sensitive or
proprietary data.
(3) Plan.--
(A) In general.--The Safety Data Initiative shall be
carried out pursuant to a plan to be jointly established
by--
(i) the Under Secretary of Transportation for
Policy;
(ii) the Chief Information Officer of the
Department;
(iii) the Administrator of the National
Highway Traffic Safety Administration;
(iv) the Administrator of the Federal Highway
Administration;
(v) the Administrator of the Federal Motor
Carrier Safety Administration;
(vi) the Administrator of the Federal Transit
Administration; and
(vii) the Administrator of the Federal
Railroad Administration.
(B) Requirement.--The plan established under
subparagraph (A) shall include details regarding the
means by which tools and innovations developed by
projects carried out under the Safety Data Initiative
will be transferred to the appropriate program of the
Department for further implementation.
(C) <<NOTE: Determination.>> Deadline.--Not later
than 1 year after the date of enactment of this Act, the
Secretary shall direct the officials described in
clauses (i) through (vii) of subparagraph (A) to
establish, by a date determined by the Secretary, the
plan referred to in that subparagraph.
(4) Termination.--The Safety Data Initiative shall terminate
on the later of--
(A) the date that is 1 year after the date of
enactment of this Act; and
(B) the date on which the Secretary makes the
direction to officials described in paragraph (3)(C).
SEC. 25012. ADVANCED TRANSPORTATION RESEARCH.
(a) In General.--Chapter 1 of title 49, United States Code (as
amended by section 21101(a)), is amended by adding at the end the
following:
``Sec. 119. <<NOTE: 49 USC 119.>> Advanced Research Projects
Agency-Infrastructure
``(a) Definitions.--In this section:
[[Page 135 STAT. 860]]
``(1) ARPA-I.-- The term `ARPA-I' means the Advanced
Research Projects Agency-Infrastructure established by
subsection (b).
``(2) Department.--The term `Department' means the
Department of Transportation.
``(3) Director.--The term `Director' means the Director of
ARPA-I appointed under subsection (d).
``(4) Eligible entity.--The term `eligible entity' means--
``(A) a unit of State or local government;
``(B) an institution of higher education;
``(C) a commercial entity;
``(D) a research foundation;
``(E) a trade or industry research collaborative;
``(F) a federally funded research and development
center;
``(G) a research facility owned or funded by the
Department;
``(H) a collaborative that includes relevant
international entities; and
``(I) a consortia of 2 or more entities described in
any of subparagraphs (A) through (H).
``(5) Infrastructure.--
``(A) In general.--The term `infrastructure' means
any transportation method or facility that facilitates
the transit of goods or people within the United States
(including territories).
``(B) Inclusions.--The term `infrastructure'
includes--
``(i) roads;
``(ii) highways;
``(iii) bridges;
``(iv) airports;
``(v) rail lines;
``(vi) harbors; and
``(vii) pipelines.
``(6) Secretary.--The term `Secretary' means the Secretary
of Transportation.
``(b) Establishment.--There is established within the Department an
agency, to be known as the `Advanced Research Projects Agency-
Infrastructure', to support the development of science and technology
solutions--
``(1) to overcome long-term challenges; and
``(2) to advance the state of the art for United States
transportation infrastructure.
``(c) Goals.--
``(1) In general.--The goals of ARPA-I shall be--
``(A) to advance the transportation infrastructure
of the United States by developing innovative science
and technology solutions that--
``(i) lower the long-term costs of
infrastructure development, including costs of
planning, construction, and maintenance;
``(ii) reduce the lifecycle impacts of
transportation infrastructure on the environment,
including through the reduction of greenhouse gas
emissions;
``(iii) contribute significantly to improving
the safe, secure, and efficient movement of goods
and people; and
[[Page 135 STAT. 861]]
``(iv) promote the resilience of
infrastructure from physical and cyber threats;
and
``(B) to ensure that the United States is a global
leader in developing and deploying advanced
transportation infrastructure technologies and
materials.
``(2) Research projects.--ARPA-I shall achieve the goals
described in paragraph (1) by providing assistance under this
section for infrastructure research projects that--
``(A) advance novel, early-stage research with
practicable application to transportation
infrastructure;
``(B) translate techniques, processes, and
technologies, from the conceptual phase to prototype,
testing, or demonstration;
``(C) develop advanced manufacturing processes and
technologies for the domestic manufacturing of novel
transportation-related technologies; and
``(D) accelerate transformational technological
advances in areas in which industry entities are
unlikely to carry out projects due to technical and
financial uncertainty.
``(d) Director.--
``(1) <<NOTE: President.>> Appointment.--ARPA-I shall be
headed by a Director, who shall be appointed by the President,
by and with the advice and consent of the Senate.
``(2) Qualifications.--The Director shall be an individual
who, by reason of professional background and experience, is
especially qualified to advise the Secretary regarding, and
manage research programs addressing, matters relating to the
development of science and technology solutions to advance
United States transportation infrastructure.
``(3) Relationship to secretary.--The Director shall--
``(A) be located within the Office of the Assistant
Secretary for Research and Technology; and
``(B) report to the Secretary.
``(4) Relationship to other programs.--No other program
within the Department shall report to the Director.
``(5) Responsibilities.--The responsibilities of the
Director shall include--
``(A) approving new programs within ARPA-I;
``(B) developing funding criteria, and assessing the
success of programs, to achieve the goals described in
subsection (c)(1) through the establishment of technical
milestones;
``(C) administering available funding by providing
to eligible entities assistance to achieve the goals
described in subsection (c)(1);
``(D) terminating programs carried out under this
section that are not achieving the goals of the
programs; and
``(E) establishing a process through which eligible
entities can submit to ARPA-I unsolicited research
proposals for assistance under this section in
accordance with subsection (f).
``(e) Personnel.--
``(1) In general.--The Director shall establish and maintain
within ARPA-I a staff with sufficient qualifications and
expertise to enable ARPA-I to carry out the responsibilities
[[Page 135 STAT. 862]]
under this section, in conjunction with other operations of the
Department.
``(2) Program directors.--
``(A) In general.--The Director shall designate
employees to serve as program directors for ARPA-I.
``(B) Responsibilities.--Each program director shall
be responsible for--
``(i) establishing research and development
goals for the applicable program, including by
convening workshops and conferring with outside
experts;
``(ii) publicizing the goals of the applicable
program;
``(iii) soliciting applications for specific
areas of particular promise, especially in areas
that the private sector or the Federal Government
are not likely to carry out absent assistance from
ARPA-I;
``(iv) establishing research collaborations
for carrying out the applicable program;
``(v) selecting on the basis of merit each
project to be supported under the applicable
program, taking into consideration--
``(I) the novelty and scientific and
technical merit of proposed projects;
``(II) the demonstrated capabilities
of eligible entities to successfully
carry out proposed projects;
``(III) the extent to which an
eligible entity took into consideration
future commercial applications of a
proposed project, including the
feasibility of partnering with 1 or more
commercial entities; and
``(IV) such other criteria as the
Director may establish;
``(vi) identifying innovative cost-sharing
arrangements for projects carried out or funded by
ARPA-I;
``(vii) monitoring the progress of projects
supported under the applicable program;
``(viii) identifying mechanisms for commercial
application of successful technology development
projects, including through establishment of
partnerships between eligible entities and
commercial entities; and
``(ix) as applicable, recommending--
``(I) program restructuring; or
``(II) termination of applicable
research partnerships or projects.
``(C) Term of service.--A program director--
``(i) shall serve for a term of 3 years; and
``(ii) may be reappointed for any subsequent
term of service.
``(3) Hiring and management.--
``(A) In general.--The Director may--
``(i) make appointments of scientific,
engineering, and professional personnel, without
regard to the civil service laws;
``(ii) fix the basic pay of such personnel at
such rate as the Director may determine, but not
to exceed
[[Page 135 STAT. 863]]
level II of the Executive Schedule, without regard
to the civil service laws; and
``(iii) pay an employee appointed under this
subparagraph payments in addition to basic pay,
subject to the condition that the total amount of
those additional payments for any 12-month period
shall not exceed the least of--
``(I) $25,000;
``(II) an amount equal to 25 percent
of the annual rate of basic pay of the
employee; and
``(III) the amount of the applicable
limitation for a calendar year under
section 5307(a)(1) of title 5.
``(B) <<NOTE: Contracts.>> Private recruiting
firms.--The Director may enter into a contract with a
private recruiting firm for the hiring of qualified
technical staff to carry out this section.
``(C) Additional staff.--The Director may use all
authorities available to the Secretary to hire
administrative, financial, and clerical staff, as the
Director determines to be necessary to carry out this
section.
``(f) Research Proposals.--
``(1) In general.--An eligible entity may submit to the
Director an unsolicited research proposal at such time, in such
manner, and containing such information as the Director may
require, including a description of--
``(A) the extent of current and prior efforts with
respect to the project proposed to be carried out using
the assistance, if applicable; and
``(B) any current or prior investments in the
technology area for which funding is requested,
including as described in subsection (c)(2)(D).
``(2) Review.--The Director--
``(A) shall review each unsolicited research
proposal submitted under paragraph (1), taking into
consideration--
``(i) the novelty and scientific and technical
merit of the research proposal;
``(ii) the demonstrated capabilities of the
applicant to successfully carry out the research
proposal;
``(iii) the extent to which the applicant took
into consideration future commercial applications
of the proposed research project, including the
feasibility of partnering with 1 or more
commercial entities; and
``(iv) such other criteria as the Director may
establish;
``(B) <<NOTE: Determination.>> may approve a
research proposal if the Director determines that the
research--
``(i) is in accordance with--
``(I) the goals described in
subsection (c)(1); or
``(II) an applicable transportation
research and development strategic plan
developed under section 6503; and
``(ii) would not duplicate any other Federal
research being conducted or funded by another
Federal agency; and
[[Page 135 STAT. 864]]
``(C)(i) <<NOTE: Notices.>> if funding is denied
for the research proposal, shall provide to the eligible
entity that submitted the proposal a written notice of
the denial that, as applicable--
``(I) explains why the research proposal was
not selected, including whether the research
proposal fails to cover an area of need; and
``(II) <<NOTE: Recommenda- tion.>> recommends
that the research proposal be submitted to another
research program; or
``(ii) if the research proposal is approved for
funding, shall provide to the eligible entity that
submitted the proposal--
``(I) a written notice of the approval; and
``(II) assistance in accordance with
subsection (g) for the proposed research.
``(g) Forms of Assistance.--On approval of a research proposal of an
eligible entity, the Director may provide to the eligible entity
assistance in the form of--
``(1) a grant;
``(2) a contract;
``(3) a cooperative agreement;
``(4) a cash prize; or
``(5) another, similar form of funding.
``(h) Reports and Roadmaps.--
``(1) Annual reports.--For each fiscal year, the Director
shall provide to the Secretary, for inclusion in the budget
request submitted by the Secretary to the President under
section 1108 of title 31 for the fiscal year, a report that,
with respect to the preceding fiscal year, describes--
``(A) the projects that received assistance from
ARPA-I, including--
``(i) each such project that was funded as a
result of an unsolicited research proposal; and
``(ii) each such project that examines topics
or technologies closely related to other
activities funded by the Department, including an
analysis of whether the Director achieved
compliance with subsection (i)(1) in supporting
the project; and
``(B) the instances of, and reasons for, the
provision of assistance under this section for any
projects being carried out by industry entities.
``(2) <<NOTE: Time period.>> Strategic vision roadmap.--Not
later than October 1, 2022, and not less frequently than once
every 4 years thereafter, the Director shall submit to the
relevant authorizing and appropriations committees of Congress a
roadmap describing the strategic vision that ARPA-I will use to
guide the selection of future projects for technology investment
during the 4 fiscal-year period beginning on the date of
submission of the report.
``(i) Coordination and Nonduplication.--The Director shall ensure
that--
``(1) the activities of ARPA-I are coordinated with, and do
not duplicate the efforts of, programs and laboratories within--
``(A) the Department; and
``(B) other relevant research agencies; and
``(2) no funding is provided by ARPA-I for a project, unless
the eligible entity proposing the project--
[[Page 135 STAT. 865]]
``(A) demonstrates sufficient attempts to secure
private financing; or
``(B) indicates that the project is not
independently commercially viable.
``(j) Federal Demonstration of Technologies.--The Director shall
seek opportunities to partner with purchasing and procurement programs
of Federal agencies to demonstrate technologies resulting from
activities funded through ARPA-I.
``(k) <<NOTE: Contracts.>> Partnerships.--The Director shall seek
opportunities to enter into contracts or partnerships with minority-
serving institutions (as described in any of paragraphs (1) through (7)
of section 371(a) of the Higher Education Act of 1965 (20 U.S.C.
1067q(a)))--
``(1) to accomplish the goals of ARPA-I;
``(2) to develop institutional capacity in advanced
transportation infrastructure technologies and materials;
``(3) to engage underserved populations in developing,
demonstrating, and deploying those technologies and materials;
and
``(4) to otherwise address the needs of ARPA-I.
``(l) University Transportation Centers.--The Director may--
``(1) partner with university transportation centers under
section 5505 to accomplish the goals, and address the needs, of
ARPA-I; and
``(2) sponsor and select for funding, in accordance with
section 5505, competitively selected university transportation
center grants, in addition to the assistance provided under
section 5505, to address targeted technology and material goals
of ARPA-I.
``(m) Advice.--
``(1) Advisory committees.--The Director may seek advice
regarding any aspect of ARPA-I from--
``(A) an existing advisory committee, office, or
other group within the Department; and
``(B) a new advisory committee organized to support
the programs of ARPA-I by providing advice and
assistance regarding--
``(i) specific program tasks; or
``(ii) the overall direction of ARPA-I.
``(2) Additional sources.--In carrying out this section, the
Director may seek advice and review from--
``(A) the President's Council of Advisors on Science
and Technology;
``(B) the Advanced Research Projects Agency-Energy;
and
``(C) any professional or scientific organization
with expertise relating to specific processes or
technologies under development by ARPA-I.
``(n) Evaluation.--
``(1) <<NOTE: Deadline. Contracts.>> In general.--Not later
than December 27, 2024, the Secretary may enter into an
arrangement with the National Academy of Sciences under which
the National Academy shall conduct an evaluation of the
achievement by ARPA-I of the goals described in subsection
(c)(1).
``(2) <<NOTE: Recommenda- tions.>> Inclusions.--The
evaluation under paragraph (1) may include--
[[Page 135 STAT. 866]]
``(A) a recommendation regarding whether ARPA-I
should be continued;
``(B) a recommendation regarding whether ARPA-I, or
the Department generally, should continue to allow
entities to submit unsolicited research proposals; and
``(C) a description of--
``(i) the lessons learned from the operation
of ARPA-I; and
``(ii) the manner in which those lessons may
apply to the operation of other programs of the
Department.
``(3) Availability.--On completion of the evaluation under
paragraph (1), the evaluation shall be made available to--
``(A) Congress; and
``(B) <<NOTE: Public information.>> the public.
``(o) Protection of Information.--
``(1) In general.--Each type of information described in
paragraph (2) that is collected by ARPA-I from eligible entities
shall be considered to be--
``(A) commercial and financial information obtained
from a person;
``(B) privileged or confidential; and
``(C) not subject to disclosure under section
552(b)(4) of title 5.
``(2) Description of types of information.--The types of
information referred to in paragraph (1) are--
``(A) information relating to plans for
commercialization of technologies developed using
assistance provided under this section, including
business plans, technology-to-market plans, market
studies, and cost and performance models;
``(B) information relating to investments provided
to an eligible entity from a third party (such as a
venture capital firm, a hedge fund, and a private equity
firm), including any percentage of ownership of an
eligible entity provided in return for such an
investment;
``(C) information relating to additional financial
support that the eligible entity--
``(i) plans to invest, or has invested, in the
technology developed using assistance provided
under this section; or
``(ii) is seeking from a third party; and
``(D) information relating to revenue from the
licensing or sale of a new product or service resulting
from research conducted using assistance provided under
this section.
``(p) Effect on Existing Authorities.--The authority provided by
this section--
``(1) shall be in addition to any existing authority
provided to the Secretary; and
``(2) shall not supersede or modify any other existing
authority.
``(q) Funding.--
``(1) Authorization of appropriations.--There are authorized
to be appropriated to the Secretary such sums as are necessary
to carry out this section.
``(2) Separate budget and appropriation.--
``(A) Budget request.--The budget request for ARPA-I
shall be separate from the budget request of the
remainder of the Department.
[[Page 135 STAT. 867]]
``(B) Appropriations.--The funding appropriated for
ARPA-I shall be separate and distinct from the funding
appropriated for the remainder of the Department.
``(3) Allocation.--Of the amounts made available for a
fiscal year under paragraph (1)--
``(A) not less than 5 percent shall be used for
technology transfer and outreach activities--
``(i) in accordance with the goal described in
subsection (c)(2)(D); and
``(ii) within the responsibilities of the
program directors described in subsection
(e)(2)(B)(viii); and
``(B) <<NOTE: Time period.>> none may be used for
the construction of any new building or facility during
the 5-year period beginning on the date of enactment of
the Surface Transportation Investment Act of 2021.''.
(b) Clerical Amendment.--The analysis for chapter 1 of title 49,
United States Code (as amended by section 21101(c)), <<NOTE: 49 USC 101
prec.>> is amended by adding at the end the following:
``119. Advanced Research Projects Agency-Infrastructure.''.
SEC. 25013. OPEN RESEARCH INITIATIVE.
(a) In General.--Subchapter I of chapter 55 of title 49, United
States Code, is amended by adding at the end the following:
``Sec. 5506. <<NOTE: 49 USC 5506.>> Advanced transportation
research initiative
``(a) Definition of Eligible Entity.--In this section, the term
`eligible entity' means--
``(1) a State agency;
``(2) a local government agency;
``(3) an institution of higher education (as defined in
section 102 of the Higher Education Act of 1965 (20 U.S.C.
1002)), including a university transportation center established
under section 5505;
``(4) a nonprofit organization, including a nonprofit
research organization; and
``(5) a private sector organization working in collaboration
with an entity described in any of paragraphs (1) through (4).
``(b) Pilot Program.--The Secretary of Transportation (referred to
in this section as the `Secretary') shall establish an advanced
transportation research pilot program under which the Secretary--
``(1) shall establish a process for eligible entities to
submit to the Secretary unsolicited research proposals; and
``(2) may enter into arrangements with 1 or more eligible
entities to fund research proposed under paragraph (1), in
accordance with this section.
``(c) Eligible Research.--The Secretary may enter into an
arrangement with an eligible entity under this section to fund research
that--
``(1) addresses--
``(A) a research need identified by--
``(i) the Secretary; or
``(ii) the Administrator of a modal
administration of the Department of
Transportation; or
``(B) an issue that the Secretary determines to be
important; and
``(2) is not duplicative of--
[[Page 135 STAT. 868]]
``(A) any other Federal research project; or
``(B) any project for which funding is provided by
another Federal agency.
``(d) Project Review.--The Secretary shall--
``(1) review each research proposal submitted under the
pilot program established under subsection (b); and
``(2)(A) <<NOTE: Notices.>> if funding is denied for the
research proposal--
``(i) provide to the eligible entity that submitted
the proposal a written notice of the denial that, as
applicable--
``(I) explains why the research proposal was
not selected, including whether the research
proposal fails to cover an area of need; and
``(II) <<NOTE: Recommenda- tion.>> recommends
that the research proposal be submitted to another
research program; and
``(ii) if the Secretary recommends that the research
proposal be submitted to another research program under
clause (i)(II), provide guidance and direction to--
``(I) the eligible entity; and
``(II) the proposed research program office;
or
``(B) if the research proposal is selected for
funding--
``(i) provide to the eligible entity that
submitted the proposal a written notice of the
selection; and
``(ii) <<NOTE: Contracts.>> seek to enter
into an arrangement with the eligible entity to
provide funding for the proposed research.
``(e) Coordination.--
``(1) In general.--The Secretary shall ensure that the
activities carried out under subsection (c) are coordinated
with, and do not duplicate the efforts of, programs of the
Department of Transportation and other Federal agencies.
``(2) Intraagency coordination.--The Secretary shall
coordinate the research carried out under this section with--
``(A) the research, education, and technology
transfer activities carried out by grant recipients
under section 5505; and
``(B) the research, development, demonstration, and
commercial application activities of other relevant
programs of the Department of Transportation, including
all modal administrations of the Department.
``(3) Interagency collaboration.--The Secretary shall
coordinate, as appropriate, regarding fundamental research with
the potential for application in the transportation sector
with--
``(A) the Director of the Office of Science and
Technology Policy;
``(B) the Director of the National Science
Foundation;
``(C) the Secretary of Energy;
``(D) the Director of the National Institute of
Standards and Technology;
``(E) the Secretary of Homeland Security;
``(F) the Administrator of the National Oceanic and
Atmospheric Administration;
``(G) the Secretary of Defense; and
``(H) the heads of other appropriate Federal
agencies, as determined by the Secretary.
[[Page 135 STAT. 869]]
``(f) Review, Evaluation, and Report.--Not less frequently than
biennially, in accordance with the plan developed under section 6503,
the Secretary shall--
``(1) review and evaluate the pilot program established
under subsection (b), including the research carried out under
that pilot program; and
``(2) <<NOTE: Public information. Web posting.>> make
public on a website of the Department of Transportation a report
describing the review and evaluation under paragraph (1).
``(g) Federal Share.--
``(1) In general.--The Federal share of the cost of an
activity carried out under this section shall not exceed 80
percent.
``(2) Non-federal share.--All costs directly incurred by the
non-Federal partners (including personnel, travel, facility, and
hardware development costs) shall be credited toward the non-
Federal share of the cost of an activity carried out under this
section.
``(h) Limitation on Certain Expenses.--Of any amounts made available
to carry out this section for a fiscal year, the Secretary may use not
more than 1.5 percent for coordination, evaluation, and oversight
activities under this section.
``(i) <<NOTE: Time period.>> Authorization of Appropriations.--
There is authorized to be appropriated to the Secretary to carry out
this section $50,000,000 for each of fiscal years 2022 through 2026.''.
(b) Clerical Amendment.--The analysis for subchapter I of chapter 55
of title 49, United States Code, <<NOTE: 49 USC 5501 prec.>> is amended
by adding at the end the following:
``5506. Advanced transportation research initiative.''.
SEC. 25014. TRANSPORTATION RESEARCH AND DEVELOPMENT 5-YEAR
STRATEGIC PLAN.
Section 6503 of title 49, United States Code, is amended--
(1) <<NOTE: Deadline.>> in subsection (a), by striking
``The Secretary'' and inserting ``Not later than 180 days after
the date of publication of the Department of Transportation
Strategic Plan and not less frequently than once every 5 years
thereafter, the Secretary'';
(2) in subsection (b), in the matter preceding paragraph
(1), by striking ``The strategic'' and inserting ``Each
strategic'';
(3) in subsection (c)--
(A) in the matter preceding paragraph (1), by
striking ``The strategic'' and inserting ``Each
strategic''; and
(B) in paragraph (1)--
(i) in subparagraph (E), by striking ``and''
at the end;
(ii) in subparagraph (F), by adding ``and''
after the semicolon at the end; and
(iii) by adding at the end the following:
``(G) reducing transportation cybersecurity
risks;'';
(4) in subsection (d)--
(A) in the matter preceding paragraph (1), by
striking ``the strategic'' and inserting ``each
strategic''; and
(B) in paragraph (4), by striking ``2016'' and
inserting ``2021, and not less frequently than once
every 5 years thereafter''; and
(5) by striking subsection (e).
[[Page 135 STAT. 870]]
SEC. 25015. RESEARCH PLANNING MODIFICATIONS.
(a) Annual Modal Research Plans.--Section 6501 of title 49, United
States Code, is amended--
(1) in subsection (a)--
(A) by striking paragraph (1) and inserting the
following:
``(1) <<NOTE: Deadline.>> In general.--Not later than June
1 of each year, the head of each modal administration and joint
program office of the Department of Transportation shall prepare
and submit to the Assistant Secretary for Research and
Technology of the Department of Transportation (referred to in
this chapter as the `Assistant Secretary')--
``(A) a comprehensive annual modal research plan for
the following fiscal year; and
``(B) a detailed outlook for the fiscal year
thereafter.'';
(B) in paragraph (2), by inserting ``prepared or''
before ``submitted'';
(C) by redesignating paragraph (2) as paragraph (3);
and
(D) by inserting after paragraph (1) the following:
``(2) Requirements.--Each plan under paragraph (1) shall
include--
``(A) a general description of the strategic goals
of the Department that are addressed by the research
programs being carried out by the Assistant Secretary or
modal administration, as applicable;
``(B) a description of each proposed research
program, as described in the budget request submitted by
the Secretary of Transportation to the President under
section 1108 of title 31 for the following fiscal year,
including--
``(i) the major objectives of the program; and
``(ii) the requested amount of funding for
each program and area;
``(C) <<NOTE: List.>> a list of activities the
Assistant Secretary or modal administration plans to
carry out under the research programs described in
subparagraph (B);
``(D) <<NOTE: Assessment.>> an assessment of the
potential impact of the research programs described in
subparagraph (B), including--
``(i) potential outputs, outcomes, and impacts
on technologies and practices used by entities
subject to the jurisdiction of the modal
administration;
``(ii) potential effects on applicable
regulations of the modal administration, including
the modification or modernization of those
regulations;
``(iii) potential economic or societal
impacts; and
``(iv) progress made toward achieving
strategic goals of--
``(I) the applicable modal
administration; or
``(II) the Department of
Transportation;
``(E) a description of potential partnerships to be
established to conduct the research program, including
partnerships with--
``(i) institutions of higher education; and
``(ii) private sector entities; and
``(F) such other requirements as the Assistant
Secretary considers to be necessary.'';
[[Page 135 STAT. 871]]
(2) in subsection (b)--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph (A),
by inserting ``by the head of a modal
administration or joint program office'' after
``submitted''; and
(ii) in subparagraph (B), by striking clause
(ii) and inserting the following:
``(ii) request that the plan and outlook be--
``(I) revised in accordance with
such suggestions as the Assistant
Secretary shall include to ensure
conformity with the criteria described
in paragraph (2); and
``(II) resubmitted to the Assistant
Secretary for approval.'';
(B) by redesignating paragraphs (2) and (3) as
paragraphs (3) and (4), respectively; and
(C) by inserting after paragraph (1) the following:
``(2) Criteria.--In conducting a review under paragraph
(1)(A), the Assistant Secretary shall, with respect to the modal
research plan that is the subject of the review--
``(A) take into consideration whether--
``(i) <<NOTE: Plan.>> the plan contains
research objectives that are consistent with the
strategic research and policy objectives of the
Department of Transportation included in the
strategic plan required under section 6503; and
``(ii) the research programs described in the
plan have the potential to benefit the safety,
mobility, and efficiency of the United States
transportation system;
``(B) identify and evaluate any potential
opportunities for collaboration between or among modal
administrations with respect to particular research
programs described in the plan;
``(C) identify and evaluate whether other modal
administrations may be better suited to carry out the
research programs described in the plan;
``(D) <<NOTE: Assessment.>> assess whether any
projects described in the plan are--
``(i) duplicative across modal
administrations; or
``(ii) unnecessary; and
``(E) take into consideration such other criteria as
the Assistant Secretary determines to be necessary.'';
and
(D) by adding at the end the following:
``(5) Savings clause.--Nothing in this subsection limits the
ability of the head of a modal administration to comply with
applicable law.''; and
(3) in subsection (c), in the matter preceding paragraph
(1), by striking ``subsection (b)(3)'' and inserting
``subsection (b)(4).
(b) Consolidated Research Database.--Section 6502(a) of title 49,
United States Code, is amended by striking the subsection designation
and heading and all that follows through subparagraph (B) of paragraph
(2) and inserting the following:
``(a) Research Abstract Database.--
``(1) <<NOTE: Deadline. Review. Public information.>>
Submission.--Not later than September 1 of each year, the head
of each modal administration and joint program office of the
Department of Transportation shall submit to the Assistant
Secretary, for review and public posting, a description
[[Page 135 STAT. 872]]
of each proposed research project to be carried out during the
following fiscal year, including--
``(A) proposed funding for any new projects; and
``(B) proposed additional funding for any existing
projects.
``(2) <<NOTE: Public information. Web posting.>>
Publication.--Not less frequently than annually, after receiving
the descriptions under paragraph (1), the Assistant Secretary
shall publish on a public website a comprehensive database
including a description of all research projects conducted by
the Department of Transportation, including research funded
through university transportation centers under section 5505.
``(3) Contents.--The database published under paragraph (2)
shall--
``(A) be delimited by research project; and
``(B) include a description of, with respect to each
research project--
``(i) research objectives;
``(ii) the progress made with respect to the
project, including whether the project is ongoing
or complete;
``(iii) any outcomes of the project, including
potential implications for policy, regulations, or
guidance issued by a modal administration or the
Department of Transportation;
``(iv) any findings of the project;
``(v) the amount of funds allocated for the
project; and
``(vi) such other information as the Assistant
Secretary determines to be necessary to address
Departmental priorities and statutory mandates;''.
SEC. 25016. INCORPORATION OF DEPARTMENT OF TRANSPORTATION
RESEARCH.
(a) In General.--Chapter 65 of title 49, United States Code, is
amended by adding at the end the following:
``Sec. 6504. <<NOTE: 49 USC 6504.>> Incorporation of Department
of Transportation research
``(a) <<NOTE: Deadline. Time period.>> Review.--Not later than
December 31, 2021, and not less frequently than once every 5 years
thereafter, in concurrence with the applicable strategic plan under
section 6503, the Secretary of Transportation shall--
``(1) conduct a review of research conducted by the
Department of Transportation; and
``(2) to the maximum extent practicable and appropriate,
identify modifications to laws, regulations, guidance, and other
policy documents to incorporate any innovations resulting from
the research described in paragraph (1) that have the potential
to improve the safety or efficiency of the United States
transportation system.
``(b) Requirements.--In conducting a review under subsection (a),
the Secretary of Transportation shall--
``(1) identify any innovative practices, materials, or
technologies that have demonstrable benefits to the
transportation system;
[[Page 135 STAT. 873]]
``(2) <<NOTE: Determination.>> determine whether the
practices, materials, or technologies described in paragraph (1)
require any statutory or regulatory modifications for adoption;
and
``(3)(A) if modifications are determined to be required
under paragraph (2), develop--
``(i) <<NOTE: Proposal.>> a proposal for those
modifications; and
``(ii) a description of the manner in which any such
regulatory modifications would be--
``(I) incorporated into the Unified Regulatory
Agenda; or
``(II) adopted into existing regulations as
soon as practicable; or
``(B) if modifications are determined not to be required
under paragraph (2), develop a description of the means by which
the practices, materials, or technologies described in paragraph
(1) will otherwise be incorporated into Department of
Transportation or modal administration policy or guidance,
including as part of the Technology Transfer Program of the
Office of the Assistant Secretary for Research and Technology.
``(c) Report.--On completion of each review under subsection (a),
the Secretary of Transportation shall submit to the appropriate
committees of Congress a report describing, with respect to the period
covered by the report--
``(1) each new practice, material, or technology identified
under subsection (b)(1); and
``(2) any statutory or regulatory modification for the
adoption of such a practice, material, or technology that--
``(A) is determined to be required under subsection
(b)(2); or
``(B) was otherwise made during that period.''.
(b) Clerical Amendment.--The analysis for chapter 65 of title 49,
United States Code, <<NOTE: 49 USC 6501 prec.>> is amended by adding at
the end the following:
``6504. Incorporation of Department of Transportation research.''.
SEC. 25017. UNIVERSITY TRANSPORTATION CENTERS PROGRAM.
Section 5505 of title 49, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (1), by inserting ``of
Transportation, acting through the Assistant Secretary
for Research and Technology (referred to in this section
as the `Secretary'),'' after ``The Secretary''; and
(B) in paragraph (2)--
(i) in subparagraph (B), by inserting
``multimodal'' after ``critical''; and
(ii) in subparagraph (C), by inserting ``with
respect to the matters described in subparagraphs
(A) through (G) of section 6503(c)(1)'' after
``transportation leaders'';
(2) in subsection (b)--
(A) in paragraph (2)(A), by striking ``for each of
the transportation centers described under paragraphs
(2), (3), and (4) of subsection (c)'' and inserting ``as
a lead institution under this section, except as
provided in subparagraph (B)'';
(B) in paragraph (4)--
[[Page 135 STAT. 874]]
(i) in subparagraph (A), by striking
``identified in chapter 65'' and inserting
``described in subparagraphs (A) through (G) of
section 6503(c)(1)''; and
(ii) in subparagraph (B), in the matter
preceding clause (i), by striking ``the Assistant
Secretary'' and all that follows through ``modal
administrations'' and inserting ``the heads of the
modal administrations of the Department of
Transportation,''; and
(C) in paragraph (5)(B), in the matter preceding
clause (i), by striking ``submit'' and all that follows
through ``of the Senate'' and inserting ``make available
to the public on a website of the Department of
Transportation'';
(3) in subsection (c)(3)(E)--
(A) by inserting ``, including the cybersecurity
implications of technologies relating to connected
vehicles, connected infrastructure, and autonomous
vehicles'' after ``autonomous vehicles''; and
(B) by striking ``The Secretary'' and inserting the
following:
``(i) <<NOTE: Research and development.>> In
general.--A regional university transportation
center receiving a grant under this paragraph
shall carry out research focusing on 1 or more of
the matters described in subparagraphs (A) through
(G) of section 6503(c)(1).
``(ii) Focused objectives.--The Secretary'';
and
(4) in subsection (d)--
(A) in paragraph (2)--
(i) in the paragraph heading, by striking
``Annual review'' and inserting ``Review'';
(ii) in the matter preceding subparagraph (A),
by striking ``annually'' and inserting
``biennially''; and
(iii) in subparagraph (B), by striking
``submit'' and all that follows through ``of the
Senate'' and inserting ``make available to the
public on a website of the Department of
Transportation''; and
(B) in paragraph (3), by striking ``2016 through
2020'' and inserting ``2022 through 2026''.
SEC. 25018. NATIONAL TRAVEL AND TOURISM INFRASTRUCTURE STRATEGIC
PLAN.
(a) In General.--Section 1431(e) of the FAST Act (49 U.S.C. 301
note; Public Law 114-94) is amended--
(1) by redesignating paragraphs (1) through (7) as
subparagraphs (A) though (G), respectively, and indenting
appropriately;
(2) in the matter preceding subparagraph (A) (as so
redesignated)--
(A) by striking ``Not later than 3 years after the
date of enactment of this Act'' and inserting ``Not
later than 180 days after the date of enactment of the
Surface Transportation Investment Act of 2021''; and
(B) by striking ``plan that includes'' and inserting
the following: ``plan--
``(1) <<NOTE: Recommenda- tions.>> to develop an immediate-
term and long-term strategy, including policy recommendations
across all modes of transportation, for the Department and other
agencies to use infrastructure investments to revive the travel
and tourism industry
[[Page 135 STAT. 875]]
and the overall travel and tourism economy in the wake of the
Coronavirus Disease 2019 (COVID-19) pandemic; and
``(2) that includes''; and
(3) in paragraph (2) (as so redesignated)--
(A) in subparagraph (A) (as so redesignated), by
inserting ``, including consideration of the impacts of
the COVID-19 pandemic'' after ``network'';
(B) in subparagraph (D) (as so redesignated), by
inserting ``of regional significance'' after
``corridors'';
(C) in subparagraph (F) (as so redesignated), by
striking ``and'' at the end;
(D) in subparagraph (G) (as so redesignated), by
striking the period at the end and inserting ``; and'';
and
(E) by adding at the end the following:
``(H) an identification of possible infrastructure
investments that create recovery opportunities for
small, underserved, minority, and rural businesses in
the travel and tourism industry, including efforts to
preserve and protect the scenic, but often less-
traveled, roads that promote tourism and economic
development throughout the United States.''.
(b) Chief Travel and Tourism Officer.--Section 102 of title 49,
United States Code, is amended by striking subsection (i) (as
redesignated by section 25009(a)(3)) and inserting the following:
``(i) Chief Travel and Tourism Officer.--
``(1) Establishment.--There is established in the Office of
the Secretary of Transportation a position, to be known as the
`Chief Travel and Tourism Officer'.
``(2) Duties.--The Chief Travel and Tourism Officer shall
collaborate with the Assistant Secretary for Aviation and
International Affairs to carry out--
``(A) the National Travel and Tourism Infrastructure
Strategic Plan under section 1431(e) of Public Law 114-
94 (49 U.S.C. 301 note); and
``(B) other travel- and tourism-related matters
involving the Department of Transportation.''.
SEC. 25019. <<NOTE: 23 USC 114 note.>> LOCAL HIRING PREFERENCE
FOR CONSTRUCTION JOBS.
(a) Authorization.--
(1) In general.--A recipient or subrecipient of a grant
provided by the Secretary under title 23 or 49, United States
Code, may implement a local or other geographical or economic
hiring preference relating to the use of labor for construction
of a project funded by the grant, including prehire agreements,
subject to any applicable State and local laws, policies, and
procedures.
(2) Treatment.--The use of a local or other geographical or
economic hiring preference pursuant to paragraph (1) in any bid
for a contract for the construction of a project funded by a
grant described in paragraph (1) shall not be considered to
unduly limit competition.
(b) Workforce Diversity Report.--Not later than 1 year after the
date of enactment of this Act, the Secretary shall submit to Congress a
report describing methods--
[[Page 135 STAT. 876]]
(1) to ensure preapprenticeship programs are established and
implemented to meet the needs of employers in transportation and
transportation infrastructure construction industries, including
with respect to the formal connection of the preapprenticeship
programs to registered apprenticeship programs;
(2) to address barriers to employment (within the meaning of
the Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et
seq.)) in transportation and transportation infrastructure
construction industries for--
(A) individuals who are former offenders (as defined
in section 3 of the Workforce Innovation and Opportunity
Act (29 U.S.C. 3102));
(B) individuals with a disability (as defined in
section 3 of the Americans with Disabilities Act of 1990
(42 U.S.C. 12102)); and
(C) individuals that represent populations that are
traditionally underrepresented in the workforce; and
(3) to encourage a recipient or subrecipient implementing a
local or other geographical or economic hiring preference
pursuant to subsection (a)(1) to establish, in coordination with
nonprofit organizations that represent employees, outreach and
support programs that increase diversity within the workforce,
including expanded participation from individuals described in
subparagraphs (A) through (C) of paragraph (2).
(c) <<NOTE: Deadline. Web posting.>> Model Plan.--Not later than 1
year after the date of submission of the report under subsection (b),
the Secretary shall establish, and publish on the website of the
Department, a model plan for use by States, units of local government,
and private sector entities to address the issues described in that
subsection.
SEC. 25020. TRANSPORTATION WORKFORCE DEVELOPMENT.
(a) <<NOTE: Contracts.>> Assessment.--The Secretary shall enter
into an arrangement with the National Academy of Sciences under which
the National Academy shall develop and submit to the Secretary a
workforce needs assessment that--
(1) addresses--
(A) the education and recruitment of technical
workers for the intelligent transportation technologies
and systems industry;
(B) the development of a workforce skilled in
various types of intelligent transportation
technologies, components, infrastructure, and equipment,
including with respect to--
(i) installation;
(ii) maintenance;
(iii) manufacturing;
(iv) operations, including data analysis and
review; and
(v) cybersecurity; and
(C) barriers to employment in the intelligent
transportation technologies and systems industry for--
(i) individuals who are former offenders (as
defined in section 3 of the Workforce Innovation
and Opportunity Act (29 U.S.C. 3102));
[[Page 135 STAT. 877]]
(ii) individuals with a disability (as defined
in section 3 of the Americans with Disabilities
Act of 1990 (42 U.S.C. 12102)); and
(iii) individuals that represent populations
that are traditionally underrepresented in the
workforce; and
(2) <<NOTE: Recommenda- tions.>> includes recommendations
relating to the issues described in paragraph (1).
(b) Working Group.--
(1) Establishment.--The Secretary shall establish a working
group, to be composed of--
(A) the Secretary of Energy;
(B) the Secretary of Labor; and
(C) the heads of such other Federal agencies as the
Secretary determines to be necessary.
(2) Implementation plan.--
(A) In general.--The working group established under
paragraph (1) shall develop an intelligent
transportation technologies and systems industry
workforce development implantation plan.
(B) Requirements.--The implementation plan under
subparagraph (A) shall address any issues and
recommendations included in the needs assessment under
subsection (a), taking into consideration a whole-of-
government approach with respect to--
(i) using registered apprenticeship and
preapprenticeship programs; and
(ii) re-skilling workers who may be interested
in working within the intelligent transportation
technologies and systems industry.
(3) Submission to congress.--Not later than 1 year after the
date of receipt of the needs assessment under subsection (a),
the Secretary shall submit to Congress the implementation plan
developed under paragraph (2).
(4) Termination.--The working group established under
paragraph (1) shall terminate on the date on which the
implementation plan developed under paragraph (2) is submitted
to Congress under paragraph (3).
(c) Transportation Workforce Outreach Program.--
(1) In general.--Subchapter I of chapter 55 of title 49,
United States Code (as amended by section 25013(a)), is amended
by adding at the end the following:
``Sec. 5507. <<NOTE: 49 USC 5507.>> Transportation workforce
outreach program
``(a) <<NOTE: Public information. Time period.>> In General.--The
Secretary of Transportation (referred to in this section as the
`Secretary') shall establish and administer a transportation workforce
outreach program, under which the Secretary shall carry out a series of
public service announcement campaigns during each of fiscal years 2022
through 2026.
``(b) Purposes.--The purpose of the campaigns carried out under the
program under this section shall be--
``(1) to increase awareness of career opportunities in the
transportation sector, including aviation pilots, safety
inspectors, mechanics and technicians, air traffic controllers,
flight attendants, truck and bus drivers, engineers, transit
workers, railroad workers, and other transportation
professionals; and
[[Page 135 STAT. 878]]
``(2) to target awareness of professional opportunities in
the transportation sector to diverse segments of the population,
including with respect to race, sex, ethnicity, ability
(including physical and mental ability), veteran status, and
socioeconomic status.
``(c) Advertising.--The Secretary may use, or authorize the use of,
amounts made available to carry out the program under this section for
the development, production, and use of broadcast, digital, and print
media advertising and outreach in carrying out a campaign under this
section.
``(d) <<NOTE: Time period.>> Funding.--The Secretary may use to
carry out this section any amounts otherwise made available to the
Secretary, not to exceed $5,000,000, for each of fiscal years 2022
through 2026.''.
(2) Clerical amendment.--The analysis for subchapter I of
chapter 55 of title 49, United States Code (as amended by
section 25013(b)), <<NOTE: 49 USC 5501 prec.>> is amended by
adding at the end the following:
``5507. Transportation workforce outreach program.''.
SEC. 25021. INTERMODAL TRANSPORTATION ADVISORY BOARD REPEAL.
(a) In General.--Section 5502 of title 49, United States Code, is
repealed.
(b) Clerical Amendment.--The analysis for subchapter I of chapter 55
of title 49, United States Code, <<NOTE: 49 USC 5501 prec.>> is amended
by striking the item relating to section 5502.
SEC. 25022. <<NOTE: 49 USC 301 note.>> GAO CYBERSECURITY
RECOMMENDATIONS.
(a) <<NOTE: Deadline. Updates.>> Cybersecurity Risk Management.--
Not later than 3 years after the date of enactment of this Act, the
Secretary shall implement the recommendation for the Department made by
the Comptroller General of the United States in the report entitled
``Cybersecurity: Agencies Need to Fully Establish Risk Management
Programs and Address Challenges'', numbered GAO-19-384, and dated July
2019--
(1) <<NOTE: Strategy.>> by developing a cybersecurity risk
management strategy for the systems and information of the
Department;
(2) by updating policies to address an organization-wide
risk assessment; and
(3) by updating the processes for coordination between
cybersecurity risk management functions and enterprise risk
management functions.
(b) <<NOTE: Deadline.>> Work Roles.--Not later than 3 years after
the date of enactment of this Act, the Secretary shall implement the
recommendation of the Comptroller General of the United States in the
report entitled ``Cybersecurity Workforce: Agencies Need to Accurately
Categorize Positions to Effectively Identify Critical Staffing Needs'',
numbered GAO-19-144, and dated March 2019, by--
(1) <<NOTE: Review.>> reviewing positions in the
Department; and
(2) assigning appropriate work roles in accordance with the
National Initiative for Cybersecurity Education Cybersecurity
Workforce Framework.
(c) GAO Review.--
(1) <<NOTE: Examination.>> Report.--Not later than 18
months after the date of enactment of this Act, the Comptroller
General of the United States shall submit to the Committee on
Commerce, Science,
[[Page 135 STAT. 879]]
and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report that examines the approach of the
Department to managing cybersecurity for the systems and
information of the Department.
(2) <<NOTE: Evaluation.>> Contents.--The report under
paragraph (1) shall include an evaluation of--
(A) the roles, responsibilities, and reporting
relationships of the senior officials of the Department
with respect to cybersecurity at the components of the
Department;
(B) the extent to which officials of the
Department--
(i) establish requirements for, share
information with, provide resources to, and
monitor the performance of managers with respect
to cybersecurity within the components of the
Department; and
(ii) hold managers accountable for
cybersecurity within the components of the
Department; and
(C) other aspects of cybersecurity, as the
Comptroller General of the United States determines to
be appropriate.
SEC. 25023. <<NOTE: 49 USC 330 note.>> VOLPE OVERSIGHT.
(a) <<NOTE: Deadline.>> Financial Management.--Not later than 1
year after the date of enactment of this Act, the Secretary shall
implement the recommendations of the Inspector General of the Department
included in the report entitled ``DOT Needs to Strengthen Its Oversight
of IAAs With Volpe'' and dated September 30, 2019, to improve planning,
financial management, and the sharing of performance information with
respect to intraagency agreements with the John A. Volpe National
Transportation Systems Center (referred to in this section as the
``Volpe Center'').
(b) GAO Review.--
(1) <<NOTE: Deadline.>> In general.--Not later than 2 years
after the date of enactment of this Act, the Comptroller General
of the United States shall submit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report that examines the surface
transportation activities at the Volpe Center.
(2) <<NOTE: Evaluation.>> Contents.--The report under
paragraph (1) shall include an evaluation of--
(A) the amount of Department funding provided to the
Volpe Center, as compared to other Federal and non-
Federal research partners;
(B) the process used by the Department to determine
whether to work with the Volpe Center, as compared to
any other Federal or non-Federal research partner;
(C) the extent to which the Department is
collaborating with the Volpe Center to address research
needs relating to emerging issues; and
(D) whether the operation of the Volpe Center is
duplicative of other public or private sector efforts.
SEC. 25024. MODIFICATIONS TO GRANT PROGRAM.
Section 1906 of the SAFETEA-LU (23 U.S.C. 402 note; Public Law 109-
59) is amended--
(1) in subsection (b)--
(A) in paragraph (1), by striking ``and'' at the
end;
[[Page 135 STAT. 880]]
(B) in paragraph (2), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(3) developing and implementing programs, public outreach,
and training to reduce the impact of traffic stops described in
subsection (a)(1).'';
(2) by striking subsection (c) and inserting the following:
``(c) Maximum Amount.--The total amount provided to a State under
this section in any fiscal year may not exceed--
``(1) for a State described in subsection (a)(1), 10 percent
of the amount made available to carry out this section in that
fiscal year; and
``(2) for a State described in subsection (a)(2), 5 percent
of the amount made available to carry out this section in that
fiscal year.''; and
(3) in subsection (d)--
(A) by striking ``$7,500,000 for each of fiscal
years 2017 through 2020'' and inserting ``$11,500,000
for each fiscal year'';
(B) by redesignating paragraph (3) as paragraph (4);
and
(C) by inserting after paragraph (2) the following:
``(3) Technical assistance.--The Secretary may allocate not
more than 10 percent of the amount made available to carry out
this section in a fiscal year to provide technical assistance to
States to carry out activities under this section.''.
SEC. 25025. DRUG-IMPAIRED DRIVING DATA COLLECTION.
Not <<NOTE: Consultation. Reports.>> later than 2 years after the
date of enactment of this Act, the Secretary, in consultation with the
heads of appropriate Federal agencies, State highway safety offices,
State toxicologists, traffic safety advocates, and other interested
parties, shall submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives a report that, in
accordance with the document entitled ``Recommendations for
Toxicological Investigations of Drug-Impaired Driving and Motor Vehicle
Fatalities--2017 Update'' (and subsequent updates to that document)--
(1) identifies any barriers that States encounter in
submitting alcohol and drug toxicology results to the Fatality
Analysis Reporting System;
(2) <<NOTE: Recommenda- tions.>> provides recommendations
on how to address the barriers identified pursuant to paragraph
(1); and
(3) describes steps that the Secretary, acting through the
Administrator of the National Highway Traffic Safety
Administration, will take to assist States in improving--
(A) toxicology testing in cases of motor vehicle
crashes; and
(B) the reporting of alcohol and drug toxicology
results in cases of motor vehicle crashes.
SEC. 25026. REPORT ON MARIJUANA RESEARCH.
(a) Definition of Marijuana.--In this section, the term
``marijuana'' has the meaning given the term in section 4008(d) of the
FAST Act (Public Law 114-94; 129 Stat. 1511).
(b) <<NOTE: Consultation. Public information. Web
posting. Recommenda- tions.>> Report.--Not later than 2 years after the
date of enactment of this Act, the Secretary, in consultation with the
Attorney General and the Secretary of Health and Human Services, shall
submit
[[Page 135 STAT. 881]]
to the Committees on Commerce, Science, and Transportation and the
Judiciary of the Senate and the Committees on Transportation and
Infrastructure and the Judiciary of the House of Representatives, and
make publicly available on the website of the Department, a report
that--
(1) describes methods for, and contains recommendations with
respect to--
(A) increasing and improving, for scientific
researchers studying impairment while driving under the
influence of marijuana, access to samples and strains of
marijuana and products containing marijuana that are
lawfully available to patients or consumers in a State
on a retail basis;
(B) establishing a national clearinghouse to collect
and distribute samples and strains of marijuana for
scientific research that includes marijuana and products
containing marijuana lawfully available to patients or
consumers in a State on a retail basis; and
(C) facilitating, for scientific researchers located
in States that have not legalized marijuana for medical
or recreational use, access to samples and strains of
marijuana and products containing marijuana from the
clearinghouse described in subparagraph (B) for purposes
of research on marijuana-impaired driving; and
(2) identifies, and contains recommendations for addressing,
Federal statutory and regulatory barriers to--
(A) the conduct of scientific research on marijuana-
impaired driving; and
(B) the establishment of a national clearinghouse
for purposes of facilitating research on marijuana-
impaired driving.
SEC. 25027. <<NOTE: Reports.>> GAO STUDY ON IMPROVING THE
EFFICIENCY OF TRAFFIC SYSTEMS.
Not later than 1 year after the date of enactment of this Act, the
Comptroller General of the United States shall carry out, and submit to
Congress a report describing the results of, a study on the potential
societal benefits of improving the efficiency of traffic systems.
TITLE VI--HAZARDOUS MATERIALS
SEC. 26001. <<NOTE: Time period.>> AUTHORIZATION OF
APPROPRIATIONS.
Section 5128 of title 49, United States Code, is amended to read as
follows:
``Sec. 5128. Authorization of appropriations
``(a) In General.--There are authorized to be appropriated to the
Secretary to carry out this chapter (except sections 5107(e),
5108(g)(2), 5113, 5115, 5116, and 5119)--
``(1) $67,000,000 for fiscal year 2022;
``(2) $68,000,000 for fiscal year 2023;
``(3) $69,000,000 for fiscal year 2024;
``(4) $70,000,000 for fiscal year 2025; and
``(5) $71,000,000 for fiscal year 2026.
[[Page 135 STAT. 882]]
``(b) Hazardous Materials Emergency Preparedness Fund.--From the
Hazardous Materials Preparedness Fund established under section 5116(h),
the Secretary may expend, for each of fiscal years 2022 through 2026--
``(1) $39,050,000 to carry out section 5116(a);
``(2) $150,000 to carry out section 5116(e);
``(3) $625,000 to publish and distribute the Emergency
Response Guidebook under section 5116(h)(3); and
``(4) $2,000,000 to carry out section 5116(i).
``(c) Hazardous Materials Training Grants.--From the Hazardous
Materials Emergency Preparedness Fund established pursuant to section
5116(h), the Secretary may expend $5,000,000 for each of fiscal years
2022 through 2026 to carry out section 5107(e).
``(d) Community Safety Grants.--Of the amounts made available under
subsection (a) to carry out this chapter, the Secretary shall withhold
$4,000,000 for each of fiscal years 2022 through 2026 to carry out
section 5107(i).
``(e) Credits to Appropriations.--
``(1) Expenses.--In addition to amounts otherwise made
available to carry out this chapter, the Secretary may credit
amounts received from a State, Indian tribe, or other public
authority or private entity for expenses the Secretary incurs in
providing training to the State, Indian tribe, authority or
entity.
``(2) Availability of amounts.--Amounts made available under
this section shall remain available until expended.''.
SEC. 26002. ASSISTANCE FOR LOCAL EMERGENCY RESPONSE TRAINING GRANT
PROGRAM.
Section 5116 of title 49, United States Code, is amended--
(1) in subsection (j), in the second sentence of the matter
preceding paragraph (1), by striking ``subsection (i)'' and
inserting ``subsections (i) and (j)'';
(2) by redesignating subsection (j) as subsection (k); and
(3) by inserting after subsection (i) the following:
``(j) Alert Grant Program.--
``(1) Assistance for local emergency response training.--The
Secretary shall establish a grant program to make grants to
eligible entities described in paragraph (2)--
``(A) to develop a hazardous materials response
training curriculum for emergency responders, including
response activities for the transportation of crude oil,
ethanol, and other flammable liquids by rail, consistent
with the standards of the National Fire Protection
Association; and
``(B) to make the training described in subparagraph
(A) available in an electronic format.
``(2) Eligible entities.--An eligible entity referred to in
paragraph (1) is a nonprofit organization that--
``(A) represents first responders or public
officials responsible for coordinating disaster
response; and
``(B) is able to provide direct or web-based
training to individuals responsible for responding to
accidents and incidents involving hazardous materials.
``(3) Funding.--
``(A) In general.--To carry out the grant program
under paragraph (1), the Secretary may use, for each
fiscal year, any amounts recovered during such fiscal
year from
[[Page 135 STAT. 883]]
grants awarded under this section during a prior fiscal
year.
``(B) Other hazardous material training
activities.--For each fiscal year, after providing
grants under paragraph (1), if funds remain available,
the Secretary may use the amounts described in
subparagraph (A)--
``(i) to make grants under--
``(I) subsection (a)(1)(C);
``(II) subsection (i); and
``(III) section 5107(e);
``(ii) to conduct monitoring and provide
technical assistance under subsection (e);
``(iii) to publish and distribute the
emergency response guide referred to in subsection
(h)(3); and
``(iv) to pay administrative costs in
accordance with subsection (h)(4).
``(C) Obligation limitation.--Notwithstanding any
other provision of law, for each fiscal year, amounts
described in subparagraph (A) shall not be included in
the obligation limitation for the Hazardous Materials
Emergency Preparedness grant program for that fiscal
year.''.
SEC. 26003. REAL-TIME EMERGENCY RESPONSE INFORMATION.
Section 7302 of the FAST Act (49 U.S.C. 20103 note; Public Law 114-
94) is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by
striking ``1 year after the date of enactment of this
Act'' and inserting ``December 5, 2022'';
(B) in paragraph (1), by amending subparagraph (B)
to read as follows:
``(B) to provide the electronic train consist
information described in subparagraph (A) to authorized
State and local first responders, emergency response
officials, and law enforcement personnel that are
involved in the response to, or investigation of, an
accident, incident, or public health or safety emergency
involving the rail transportation of hazardous
materials;'';
(C) by striking paragraph (2);
(D) by redesignating paragraphs (3), (4), (5), (6),
and (7) as paragraphs (2), (3), (4), (5), and (6),
respectively; and
(E) in paragraph (3), as redesignated, by striking
``paragraph (3)'' and inserting ``paragraph (2)'';
(2) in subsection (b)--
(A) by striking paragraphs (1) and (4); and
(B) by redesignating paragraphs (2), (3), (5), (6),
and (7) as paragraphs (1), (2), (3), (4), and (5),
respectively; and
(3) in subsection (c), by striking ``, as described in
subsection (a)(1)(B),''.
[[Page 135 STAT. 884]]
TITLE VII--GENERAL PROVISIONS
SEC. 27001. <<NOTE: 49 USC 301 note.>> PERFORMANCE MEASUREMENT,
TRANSPARENCY, AND ACCOUNTABILITY.
For each grant awarded under this Act, or an amendment made by this
Act, the Secretary may--
(1) develop metrics to assess the effectiveness of the
activities funded by the grant;
(2) establish standards for the performance of the
activities funded by the grant that are based on the metrics
developed under paragraph (1); and
(3) not later than the date that is 4 years after the date
of the initial award of the grant and every 2 years thereafter
until the date on which Federal financial assistance is
discontinued for the applicable activity, conduct an assessment
of the activity funded by the grant to confirm whether the
performance is meeting the standards for performance established
under paragraph (2).
SEC. 27002. COORDINATION REGARDING FORCED LABOR.
The Secretary shall coordinate with the Commissioner of U.S. Customs
and Border Protection to ensure that no illegal products or materials
produced with forced labor are procured with funding made available
under this Act.
SEC. 27003. DEPARTMENT OF TRANSPORTATION SPECTRUM AUDIT.
(a) Audit and Report.--Not later than 18 months after the date of
enactment of this Act, the Assistant Secretary of Commerce for
Communications and Information and the Secretary shall jointly--
(1) conduct an audit of the electromagnetic spectrum that is
assigned or otherwise allocated to the Department as of the date
of the audit; and
(2) submit to Congress, and make available to each Member of
Congress upon request, a report containing the results of the
audit conducted under paragraph (1).
(b) Contents of Report.--The Assistant Secretary of Commerce for
Communications and Information and the Secretary shall include in the
report submitted under subsection (a)(2), with respect to the
electromagnetic spectrum that is assigned or otherwise allocated to the
Department as of the date of the audit--
(1) each particular band of spectrum being used by the
Department;
(2) a description of each purpose for which a particular
band described in paragraph (1) is being used, and how much of
the band is being used for that purpose;
(3) the State or other geographic area in which a particular
band described in paragraph (1) is assigned or allocated for
use;
(4) whether a particular band described in paragraph (1) is
used exclusively by the Department or shared with another
Federal entity or a non-Federal entity; and
(5) any portion of the spectrum that is not being used by
the Department.
(c) Form of Report.--The report required under subsection (a)(2)
shall be submitted in unclassified form but may include a classified
annex.
[[Page 135 STAT. 885]]
SEC. 27004. STUDY AND REPORTS ON THE TRAVEL AND TOURISM ACTIVITIES
OF THE DEPARTMENT.
(a) Study.--
(1) In general.--The Secretary shall conduct a study
(referred to in this section as the ``study'') on the travel and
tourism activities within the Department.
(2) Requirement.--The study shall evaluate how the
Department evaluates travel and tourism needs or criteria in
considering applications for grants under the grant programs of
the Department.
(b) Report of the Secretary.--Not later than 1 year after the date
of enactment of this Act, the Secretary shall submit to the Committee on
Commerce, Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives a
report on the results of the study, which shall include--
(1) an identification of how the Department currently
evaluates travel and tourism needs or criteria in considering
applications for grants under the grant programs of the
Department;
(2) a description of any actions that the Department will
take to improve the evaluation of tourism- and travel-related
criteria in considering applications for grants under those
grant programs; and
(3) <<NOTE: Recommenda- tions.>> recommendations as to any
statutory or regulatory changes that may be required to enhance
the consideration by the Department of travel and tourism needs
or criteria in considering applications for grants under those
grant programs.
(c) GAO Assessment and Report.--
(1) Assessment.--The Comptroller General of the United
States shall conduct an assessment of the existing resources of
the Department used to conduct travel- and tourism-related
activities, including the consideration of travel and tourism
needs or criteria in considering applications for grants under
the grant programs of the Department, in order to identify--
(A) any resources needed by the Department; and
(B) any barriers to carrying out those activities.
(2) <<NOTE: Assessments.>> Report.--Not later than 18
months after the date of enactment of this Act, the Comptroller
General of the United States shall submit to the Committee on
Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives a report on the assessment conducted under
paragraph (1), which shall include--
(A) <<NOTE: Recommenda- tions.>> recommendations
for improving the evaluation and consideration by the
Department of travel and tourism with respect to the
discretionary grant programs of the Department;
(B) an assessment of the resources needed to carry
out the tourism- and travel-related activities of the
Department;
(C) an assessment of any barriers to carrying out
activities relating to travel and tourism; and
(D) <<NOTE: Recommenda- tions.>> recommendations
for improving the ability of the Department to carry out
activities relating to travel and
[[Page 135 STAT. 886]]
tourism, which may include proposed statutory or
regulatory changes that may be needed to facilitate
those activities.
TITLE VIII--SPORT FISH RESTORATION AND RECREATIONAL BOATING SAFETY
SEC. 28001. SPORT FISH RESTORATION AND RECREATIONAL BOATING
SAFETY.
(a) Division of Annual Appropriations.--
(1) In general.--Section 4 of the Dingell-Johnson Sport Fish
Restoration Act (16 U.S.C. 777c) is amended--
(A) in subsection (a), by striking ``2021'' and
inserting ``2026'';
(B) in subsection (b)--
(i) in paragraph (1)--
(I) in subparagraph (A), by striking
``2021'' and inserting ``2026''; and
(II) by striking subparagraph (B)
and inserting the following:
``(B) Available amounts.--The available amount
referred to in subparagraph (A) is--
``(i) for the fiscal year that includes the
date of enactment of the Surface Transportation
Reauthorization Act of 2021, the sum obtained by
adding--
``(I) the available amount specified
in this subparagraph for the preceding
fiscal year; and
``(II) $979,500; and
``(ii) for each fiscal year thereafter, the
sum obtained by adding--
``(I) the available amount specified
in this subparagraph for the preceding
fiscal year; and
``(II) the product obtained by
multiplying--
``(aa) the available amount
specified in this subparagraph
for the preceding fiscal year;
and
``(bb) the change, relative
to the preceding fiscal year, in
the Consumer Price Index for All
Urban Consumers published by the
Department of Labor.''; and
(ii) in paragraph (2)--
(I) in subparagraph (A), by striking
``2016 through 2021'' and inserting
``2022 through 2026''; and
(II) by striking subparagraph (B)
and inserting the following:
``(B) Available amounts.--The available amount
referred to in subparagraph (A) is--
``(i) for fiscal year 2022, $12,786,434; and
``(ii) for fiscal year 2023 and each fiscal
year thereafter, the sum obtained by adding--
``(I) the available amount specified
in this subparagraph for the preceding
fiscal year; and
``(II) the product obtained by
multiplying--
[[Page 135 STAT. 887]]
``(aa) the available amount
specified in this subparagraph
for the preceding fiscal year;
and
``(bb) the change, relative
to the preceding fiscal year, in
the Consumer Price Index for All
Urban Consumers published by the
Department of Labor.''; and
(C) in subsection (e)(2), by striking ``$900,000''
and inserting ``$1,300,000''.
(2) Administration.--Section 9(a) of the Dingell-Johnson
Sport Fish Restoration Act (16 U.S.C. 777h(a)) is amended--
(A) by striking paragraphs (1) and (2) and inserting
the following:
``(1) personnel costs of employees for the work hours of
each employee spent directly administering this Act, as those
hours are certified by the supervisor of the employee;'';
(B) by redesignating paragraphs (3) through (12) as
paragraphs (2) through (11), respectively;
(C) in paragraph (2) (as so redesignated), by
striking ``paragraphs (1) and (2)'' and inserting
``paragraph (1)'';
(D) in paragraph (4)(B) (as so redesignated), by
striking ``full-time equivalent employee authorized
under paragraphs (1) and (2)'' and inserting ``employee
authorized under paragraph (1)'';
(E) in paragraph (8)(A) (as so redesignated), by
striking ``on a full-time basis''; and
(F) in paragraph (10) (as so redesignated)--
(i) by inserting ``or part-time'' after
``full-time''; and
(ii) by inserting ``, subject to the condition
that the percentage of the relocation expenses
paid with funds made available pursuant to this
Act may not exceed the percentage of the work
hours of the employee that are spent administering
this Act'' after ``incurred''.
(3) Other activities.--Section 14(e) of the Dingell-Johnson
Sport Fish Restoration Act (16 U.S.C. 777m(e)) is amended by
adding at the end the following:
``(3) A portion, as determined by the Sport Fishing and
Boating Partnership Council, of funds disbursed for the purposes
described in paragraph (2) but remaining unobligated as of
October 1, 2021, shall be used to study the impact of derelict
vessels and identify recyclable solutions for recreational
vessels.''.
(4) Recreational boating safety.--Section 13107(c)(2) of
title 46, United States Code, is amended by striking ``No funds
available'' and inserting ``On or after October 1, 2024, no
funds available''.
(b) Wildlife Restoration Fund Administration.--
(1) Allocation and apportionment of available amounts.--
Section 4(a) of the Pittman-Robertson Wildlife Restoration Act
(16 U.S.C. 669c(a)) is amended--
(A) in paragraph (1), by striking subparagraph (B)
and inserting the following:
``(B) Available amounts.--The available amount
referred to in subparagraph (A) is--
[[Page 135 STAT. 888]]
``(i) for the fiscal year that includes the
date of enactment of the Surface Transportation
Reauthorization Act of 2021, the sum obtained by
adding--
``(I) the available amount specified
in this subparagraph for the preceding
fiscal year; and
``(II) $979,500; and
``(ii) for each fiscal year thereafter, the
sum obtained by adding--
``(I) the available amount specified
in this subparagraph for the preceding
fiscal year; and
``(II) the product obtained by
multiplying--
``(aa) the available amount
specified in this subparagraph
for the preceding fiscal year;
and
``(bb) the change, relative
to the preceding fiscal year, in
the Consumer Price Index for All
Urban Consumers published by the
Department of Labor.''; and
(B) in paragraph (2)--
(i) in subparagraph (A), by inserting
``subsequent'' before ``fiscal year.''; and
(ii) by striking subparagraph (B) and
inserting the following:
``(B) Apportionment of unobligated amounts.--
``(i) <<NOTE: Deadline.>> In general.--Not
later than 60 days after the end of a fiscal year,
the Secretary of the Interior shall apportion
among the States any of the available amount under
paragraph (1) that remained available for
obligation pursuant to subparagraph (A) during
that fiscal year and remains unobligated at the
end of that fiscal year.
``(ii) Requirement.--The available amount
apportioned under clause (i) shall be apportioned
on the same basis and in the same manner as other
amounts made available under this Act were
apportioned among the States for the fiscal year
in which the amount was originally made
available.''.
(2) Authorized expenses for administration.--Section 9(a) of
the Pittman-Robertson Wildlife Restoration Act (16 U.S.C.
669h(a)) is amended--
(A) by striking paragraphs (1) and (2) and inserting
the following:
``(1) personnel costs of employees for the work hours of
each employee spent directly administering this Act, as those
hours are certified by the supervisor of the employee;'';
(B) by redesignating paragraphs (3) through (12) as
paragraphs (2) through (11), respectively;
(C) in paragraph (2) (as so redesignated), by
striking ``paragraphs (1) and (2)'' and inserting
``paragraph (1)'';
(D) in paragraph (4)(B) (as so redesignated), by
striking ``full-time equivalent employee authorized
under paragraphs (1) and (2)'' and inserting ``employee
authorized under paragraph (1)'';
(E) in paragraph (8)(A) (as so redesignated), by
striking ``on a full-time basis''; and
(F) in paragraph (10) (as so redesignated)--
(i) by inserting ``or part-time'' after
``full-time''; and
[[Page 135 STAT. 889]]
(ii) by inserting ``, subject to the condition
that the percentage of the relocation expenses
paid with funds made available pursuant to this
Act may not exceed the percentage of the work
hours of the employee that are spent administering
this Act'' after ``incurred''.
(c) Recreational Boating Access.--
(1) <<NOTE: Reports.>> In general.--Not later than 1 year
after the date of enactment of this Act, the Comptroller General
of the United States shall submit to the Sport Fishing and
Boating Partnership Council, the Committee on Natural Resources
and the Committee on Transportation and Infrastructure of the
House of Representatives, and the Committee on Commerce,
Science, and Transportation and the Committee on Environment and
Public Works of the Senate a report that, to the extent
practicable, given available data, shall document--
(A) the use of nonmotorized vessels in each State
and how the increased use of nonmotorized vessels is
impacting motorized and nonmotorized vessel access;
(B) user conflicts at waterway access points; and
(C) the use of--
(i) Sport Fish Restoration Program funds to
improve nonmotorized access at waterway entry
points and the reasons for providing that access;
and
(ii) Recreational Boating Safety Program funds
for nonmotorized boating safety programs.
(2) Consultation.--The Comptroller General of the United
States shall consult with the Sport Fishing and Boating
Partnership Council and the National Boating Safety Advisory
Council on study design, scope, and priorities for the report
under paragraph (1).
(d) Sport Fishing and Boating Partnership Council.--
(1) <<NOTE: 16 USC 1801 note.>> In general.--The Sport
Fishing and Boating Partnership Council established by the
Secretary of the Interior shall be an advisory committee of the
Department of the Interior and the Department of Commerce
subject to the Federal Advisory Committee Act (5 U.S.C. App.).
(2) FACA.-- The Secretary of the Interior and the Secretary
of Commerce shall jointly carry out the requirements of the
Federal Advisory Committee Act (5 U.S.C. App.) with respect to
the Sport Fishing and Boating Partnership Council described in
paragraph (1).
(3) Effective date.--This subsection shall take effect on
January 1, 2023.
DIVISION C--TRANSIT
SEC. 30001. DEFINITIONS.
(a) In General.--Section 5302 of title 49, United States Code, is
amended--
(1) by redesignating paragraphs (1) through (24) as
paragraphs (2), (3), (4), (5), (6), (7), (8), (9), (10), (11),
(12), (13), (14), (15), (16), (17), (18), (19), (20), (21),
(22), (23), (24), and (25), respectively; and
(2) by inserting before paragraph (2) (as so redesignated)
the following:
[[Page 135 STAT. 890]]
``(1) Assault on a transit worker.--The term `assault on a
transit worker' means a circumstance in which an individual
knowingly, without lawful authority or permission, and with
intent to endanger the safety of any individual, or with a
reckless disregard for the safety of human life, interferes
with, disables, or incapacitates a transit worker while the
transit worker is performing the duties of the transit
worker.''; and
(3) in subparagraph (G) of paragraph (4) (as so
redesignated)--
(A) by redesignating clauses (iv) and (v) as clauses
(v) and (vi), respectively;
(B) by inserting after clause (iii) the following:
``(iv) provides that if equipment to fuel
privately owned zero-emission passenger vehicles
is installed, the recipient of assistance under
this chapter shall collect fees from users of the
equipment in order to recover the costs of
construction, maintenance, and operation of the
equipment;'';
(C) in clause (vi) (as so redesignated)--
(i) in subclause (XIII), by striking ``and''
at the end;
(ii) in subclause (XIV), by adding ``and''
after the semicolon; and
(iii) by adding at the end the following:
``(XV) technology to fuel a zero-
emission vehicle;''.
(b) Conforming Amendments.--
(1) Section 601(a)(12)(E) of title 23, United States Code,
is amended by striking ``section 5302(3)(G)(v)'' and inserting
``section 5302(4)(G)(v)''.
(2) Section 5323(e)(3) of title 49, United States Code, is
amended by striking ``section 5302(3)(J)'' and inserting
``section 5302(4)(J)''.
(3) Section 5336(e) of title 49, United States Code, is
amended by striking ``, as defined in section 5302(4)''.
(4) Section 28501(4) of title 49, United States Code, is
amended by striking ``section 5302(a)(6)'' and inserting
``section 5302''.
SEC. 30002. METROPOLITAN TRANSPORTATION PLANNING.
(a) In General.--Section 5303 of title 49, United States Code, is
amended--
(1) in subsection (a)(1), by inserting ``and better connect
housing and employment'' after ``urbanized areas'';
(2) in subsection (g)(3)(A), by inserting ``housing,'' after
``economic development,'';
(3) in subsection (h)(1)(E), by inserting ``, housing,''
after ``growth'';
(4) in subsection (i)--
(A) in paragraph (4)(B)--
(i) by redesignating clauses (iii) through
(vi) as clauses (iv) through (vii), respectively;
and
(ii) by inserting after clause (ii) the
following:
``(iii) assumed distribution of population and
housing;''; and
[[Page 135 STAT. 891]]
(B) in paragraph (6)(A), by inserting ``affordable
housing organizations,'' after ``disabled,''; and
(5) in subsection (k)--
(A) by redesignating paragraphs (4) and (5) as
paragraphs (5) and (6), respectively; and
(B) by inserting after paragraph (3) the following:
``(4) Housing coordination process.--
``(A) In general.--Within a metropolitan planning
area serving a transportation management area, the
transportation planning process under this section may
address the integration of housing, transportation, and
economic development strategies through a process that
provides for effective integration, based on a
cooperatively developed and implemented strategy, of new
and existing transportation facilities eligible for
funding under this chapter and title 23.
``(B) Coordination in integrated planning process.--
In carrying out the process described in subparagraph
(A), a metropolitan planning organization may--
``(i) <<NOTE: Consultation.>> consult with--
``(I) State and local entities
responsible for land use, economic
development, housing, management of road
networks, or public transportation; and
``(II) other appropriate public or
private entities; and
``(ii) coordinate, to the extent practicable,
with applicable State and local entities to align
the goals of the process with the goals of any
comprehensive housing affordability strategies
established within the metropolitan planning area
pursuant to section 105 of the Cranston-Gonzalez
National Affordable Housing Act (42 U.S.C. 12705)
and plans developed under section 5A of the United
States Housing Act of 1937 (42 U.S.C. 1437c-1).
``(C) Housing coordination plan.--
``(i) In general.--A metropolitan planning
organization serving a transportation management
area may develop a housing coordination plan that
includes projects and strategies that may be
considered in the metropolitan transportation plan
of the metropolitan planning organization.
``(ii) Contents.--A plan described in clause
(i) may--
``(I) develop regional goals for the
integration of housing, transportation,
and economic development strategies to--
``(aa) better connect
housing and employment while
mitigating commuting times;
``(bb) align transportation
improvements with housing needs,
such as housing supply
shortages, and proposed housing
development;
``(cc) align planning for
housing and transportation to
address needs in relationship to
household incomes within the
metropolitan planning area;
``(dd) expand housing and
economic development within the
catchment areas of
[[Page 135 STAT. 892]]
existing transportation
facilities and public
transportation services when
appropriate, including higher-
density development, as locally
determined;
``(ee) manage effects of
growth of vehicle miles traveled
experienced in the metropolitan
planning area related to housing
development and economic
development;
``(ff) increase share of
households with sufficient and
affordable access to the
transportation networks of the
metropolitan planning area;
``(II) identify the location of
existing and planned housing and
employment, and transportation options
that connect housing and employment; and
``(III) include a comparison of
transportation plans to land use
management plans, including zoning
plans, that may affect road use, public
transportation ridership and housing
development.''.
(b) Additional Consideration and Coordination.--Section 5303 of
title 49, United States Code, is amended--
(1) in subsection (d)--
(A) in paragraph (3), by adding at the end the
following:
``(D) Considerations.--In designating officials or
representatives under paragraph (2) for the first time,
subject to the bylaws or enabling statute of the
metropolitan planning organization, the metropolitan
planning organization shall consider the equitable and
proportional representation of the population of the
metropolitan planning area.''; and
(B) in paragraph (7)--
(i) by striking ``an existing metropolitan
planning area'' and inserting ``an existing
urbanized area (as defined by the Bureau of the
Census)''; and
(ii) by striking ``the existing metropolitan
planning area'' and inserting ``the area'';
(2) in subsection (g)--
(A) in paragraph (1), by striking ``a metropolitan
area'' and inserting ``an urbanized area (as defined by
the Bureau of the Census)''; and
(B) by adding at the end the following:
``(4) Coordination between mpos.--If more than 1
metropolitan planning organization is designated within an
urbanized area (as defined by the Bureau of the Census) under
subsection (d)(7), the metropolitan planning organizations
designated within the area shall ensure, to the maximum extent
practicable, the consistency of any data used in the planning
process, including information used in forecasting travel
demand.
``(5) Savings clause.--Nothing in this subsection requires
metropolitan planning organizations designated within a single
urbanized area to jointly develop planning documents, including
a unified long-range transportation plan or unified TIP.'';
(3) in subsection (i)(6), by adding at the end the
following:
[[Page 135 STAT. 893]]
``(D) Use of technology.--A metropolitan planning
organization may use social media and other web-based
tools--
``(i) to further encourage public
participation; and
``(ii) to solicit public feedback during the
transportation planning process.''; and
(4) in subsection (p), by striking ``section 104(b)(5)'' and
inserting ``section 104(b)(6)''.
SEC. 30003. STATEWIDE AND NONMETROPOLITAN TRANSPORTATION PLANNING.
(a) Technical Amendments.--Section 5304 of title 49, United States
Code, is amended--
(1) in subsection (e), in the matter preceding paragraph
(1), by striking the quotation marks before ``In''; and
(2) in subsection (i), by striking ``this this'' and
inserting ``this''.
(b) Use of Technology.--Section 5304(f)(3) of title 49, United
States Code, is amended by adding at the end the following:
``(C) Use of technology.--A State may use social
media and other web-based tools--
``(i) to further encourage public
participation; and
``(ii) to solicit public feedback during the
transportation planning process.''.
SEC. 30004. PLANNING PROGRAMS.
Section 5305 of title 49, United States Code, is amended--
(1) in subsection (e)(1)(A), in the matter preceding clause
(i), by striking ``this section and section'' and inserting
``this section and sections''; and
(2) by striking subsection (f) and inserting the following:
``(f) Government Share of Costs.--
``(1) <<NOTE: Determination.>> In general.--Except as
provided in paragraph (2), the Government share of the cost of
an activity funded using amounts made available under this
section may not exceed 80 percent of the cost of the activity
unless the Secretary determines that it is in the interests of
the Government--
``(A) not to require a State or local match; or
``(B) to allow a Government share greater than 80
percent.
``(2) Certain activities.--
``(A) In general.--The Government share of the cost
of an activity funded using amounts made available under
this section shall be not less than 90 percent for an
activity that assists parts of an urbanized area or
rural area with lower population density or lower
average income levels compared to--
``(i) the applicable urbanized area;
``(ii) the applicable rural area;
``(iii) an adjoining urbanized area; or
``(iv) an adjoining rural area.
``(B) <<NOTE: Determination.>> Report.--A State or
metropolitan planning organization that carries out an
activity described in subparagraph (A) with an increased
Government share described in that subparagraph shall
report to the Secretary, in a form as determined by the
Secretary, how the increased Government share for
transportation planning activities benefits commuting
and other essential
[[Page 135 STAT. 894]]
travel in parts of the applicable urbanized area or
rural area described in subparagraph (A) with lower
population density or lower average income levels.''.
SEC. 30005. FIXED GUIDEWAY CAPITAL INVESTMENT GRANTS.
(a) In General.--Section 5309 of title 49, United States Code, is
amended--
(1) in subsection (a)--
(A) by striking paragraph (6);
(B) by redesignating paragraph (7) as paragraph (6);
and
(C) in paragraph (6) (as so redesignated)--
(i) in subparagraph (A), by striking
``$100,000,000'' and inserting ``$150,000,000'';
and
(ii) in subparagraph (B), by striking
``$300,000,000'' and inserting ``$400,000,000'';
(2) in subsection (c)(1)--
(A) in subparagraph (A), by striking ``and'' at the
end;
(B) in subparagraph (B)(iii), by striking the period
at the end and inserting ``; and''; and
(C) by adding at the end the following:
``(C) the applicant has made progress toward meeting
the performance targets in section 5326(c)(2).'';
(3) in subsection (e)(2)(A)(iii)(II), by striking ``the next
5 years'' and inserting ``the next 10 years, without regard to
any temporary measures employed by the applicant expected to
increase short-term capacity within the next 10 years'';
(4) in subsection (g)--
(A) in paragraph (3)(A), by striking ``exceed'' and
all that follows through ``50 percent'' and inserting
``exceed 50 percent'';
(B) by redesignating paragraph (7) as paragraph (8);
and
(C) by inserting after paragraph (6) the following:
``(7) Project re-entry.--In carrying out ratings and
evaluations under this subsection, the Secretary shall provide
full and fair consideration to projects that seek an updated
rating after a period of inactivity following an earlier rating
and evaluation.'';
(5) in subsection (i), by striking paragraphs (1) through
(8) and inserting the following:
``(1) Future bundling.--
``(A) Definition.--In this paragraph, the term
`future bundling request' means a letter described in
subparagraph (B) that requests future funding for
additional projects.
``(B) Request.--When an applicant submits a letter
to the Secretary requesting entry of a project into the
project development phase under subsection
(d)(1)(A)(i)(I), (e)(1)(A)(i)(I), or (h)(2)(A)(i)(I),
the applicant may include a description of other
projects for consideration for future funding under this
section. An applicant shall include in the request the
amount of funding requested under this section for each
additional project and the estimated capital cost of
each project.
``(C) <<NOTE: Time period.>> Readiness.--Other
projects included in the request shall be ready to enter
the project development phase under subsection
(d)(1)(A), (e)(1)(A), or (h)(2)(A),
[[Page 135 STAT. 895]]
within 5 years of the initial project submitted as part
of the request.
``(D) Planning.--Projects in the future bundling
request shall be included in the metropolitan
transportation plan in accordance with section 5303(i).
``(E) Project sponsor.--The applicant that submits a
future bundling request shall be the project sponsor for
each project included in the request.
``(F) Program and project share.--A future bundling
request submitted under this paragraph shall include a
proposed share of each of the request's projects that is
consistent with the requirements of subsections
(k)(2)(C)(ii) or (h)(7), as applicable.
``(G) Benefits.--The bundling of projects under this
subsection--
``(i) shall enhance, or increase the capacity
of--
``(I) the total transportation
system of the applicant; or
``(II) the transportation system of
the region the applicant serves (which,
in the case of a State whose request
addresses a single region, means that
region); and
``(ii) shall--
``(I) streamline procurements for
the applicant; or
``(II) enable time or cost savings
for the projects.
``(H) Evaluation.--Each project submitted for
consideration for funding in a future bundling request
shall be subject to the applicable evaluation criteria
under this section for the project type, including
demonstrating the availability of local resources to
recapitalize, maintain, and operate the overall existing
and proposed public transportation system pursuant to
subsection (f)(1)(C).
``(I) Letter of intent.--
``(i) In general.--Upon entering into a grant
agreement for the initial project for which an
applicant submits a future bundling request, the
Secretary may issue a letter of intent to the
applicant that announces an intention to obligate,
for 1 or more additional projects included in the
request, an amount from future available budget
authority specified in law that is not more than
the amount stipulated as the financial
participation of the Secretary in the additional
project or projects in the future bundling. Such
letter may include a condition that the project or
projects must meet the evaluation criteria in this
subsection before a grant agreement can be
executed.
``(ii) Amount.--The amount that the Secretary
announces an intention to obligate for an
additional project in the future bundling request
through a letter of intent issued under clause (i)
shall be sufficient to complete at least an
operable segment of the project.
``(iii) Treatment.--The issuance of a letter
of intent under clause (i) shall not be deemed to
be an obligation under sections 1108(c), 1501, and
1502(a) of title 31 or an administrative
commitment.
[[Page 135 STAT. 896]]
``(2) Immediate bundling.--
``(A) Definition.--In this paragraph, the term
`immediate bundling request' means a letter described in
subparagraph (B) that requests immediate funding for
multiple projects.
``(B) Request.--An applicant may submit a letter to
the Secretary requesting entry of multiple projects into
the project development phase under subsection
(d)(1)(A)(i)(I), (e)(1)(A)(i)(I), or (h)(2)(A)(i)(I),
for consideration for funding under this section. An
applicant shall include in the request the amount of
funding requested under this section for each additional
project and the estimated capital cost of each project.
``(C) Readiness.--Projects included in the request
must be ready to enter the project development phase
under subsection (d)(1)(A), (e)(1)(A), or (h)(2)(A) at
the same time.
``(D) Planning.--Projects in the bundle shall be
included in the metropolitan transportation plan in
accordance with section 5303(i).
``(E) Project sponsor.--The applicant that submits
an immediate bundling request shall be the project
sponsor for each project included in the request.
``(F) Program and project share.--An immediate
bundling request submitted under this subsection shall
include a proposed share of each of the request's
projects that is consistent with the requirements of
subsections (k)(2)(C)(ii) or (h)(7), as applicable.
``(G) Benefits.--The bundling of projects under this
subsection--
``(i) shall enhance, or increase the capacity
of--
``(I) the total transportation
system of the applicant; or
``(II) the transportation system of
the region the applicant serves (which,
in the case of a State whose request
addresses a single region, means that
region); and
``(ii) shall--
``(I) streamline procurements for
the applicant; or
``(II) enable time or cost savings
for the projects.
``(H) Evaluation.--A project submitted for
consideration for immediate funding in an immediate
bundling request shall be subject to the applicable
evaluation criteria under this section for the project
type, including demonstrating the availability of local
resources to recapitalize, maintain, and operate the
overall existing and proposed public transportation
system pursuant to subsection (f)(1)(C).
``(I) Letter of intent or single grant agreement.--
``(i) In general.--Upon entering into a grant
agreement for the initial project for which an
applicant submits a request, the Secretary may
issue a letter of intent or single, combined grant
agreement to the applicant.
``(ii) Letter of intent.--
[[Page 135 STAT. 897]]
``(I) In general.--A letter of
intent announces an intention to
obligate, for 1 or more additional
projects included in the request, an
amount from future available budget
authority specified in law that is not
more than the amount stipulated as the
financial participation of the Secretary
in the additional project or projects.
Such letter may include a condition that
the project or projects must meet the
evaluation criteria in this subsection
before a grant agreement can be
executed.
``(II) Amount.--The amount that the
Secretary announces an intention to
obligate for an additional project in a
letter of intent issued under clause (i)
shall be sufficient to complete at least
an operable segment of the project.
``(III) Treatment.--The issuance of
a letter of intent under clause (i)
shall not be deemed to be an obligation
under sections 1108(c), 1501, and
1502(a) of title 31 or an administrative
commitment.
``(3) Evaluation criteria.--When the Secretary issues rules
or policy guidance under this section, the Secretary may request
comment from the public regarding potential changes to the
evaluation criteria for project justification and local
financial commitment under subsections (d), (e), (f), and (h)
for the purposes of streamlining the evaluation process for
projects included in a future bundling request or an immediate
bundling request, including changes to enable simultaneous
evaluation of multiple projects under 1 or more evaluation
criteria. Notwithstanding paragraphs (1)(H) and (2)(H), such
criteria may be utilized for projects included in a future
bundling request or an immediate bundling request under this
subsection upon promulgation of the applicable rule or policy
guidance.
``(4) Grant agreements.--
``(A) New start and core capacity improvement
projects.--A new start project or core capacity
improvement project in an immediate bundling request or
future bundling request shall be carried out through a
full funding grant agreement or expedited grant
agreement pursuant to subsection (k)(2).
``(B) Small start.--A small start project shall be
carried out through a grant agreement pursuant to
subsection (h)(7).
``(C) Requirement.--A combined grant agreement
described in paragraph (2)(I)(i) shall--
``(i) include only projects in an immediate
future bundling request that are ready to receive
a grant agreement under this section,
``(ii) be carried out through a full funding
grant agreement or expedited grant agreement
pursuant to subsection (k)(2) for the included
projects, if a project seeking assistance under
the combined grant agreement is a new start
project or core capacity improvement project; and
``(iii) be carried out through a grant
agreement pursuant to subsection (h)(7) for the
included projects,
[[Page 135 STAT. 898]]
if the projects seeking assistance under the
combined grant agreement consist entirely of small
start projects.
``(D) Savings provision.--The use of a combined
grant agreement shall not waive or amend applicable
evaluation criteria under this section for projects
included in the combined grant agreement.'';
(6) in subsection (k)--
(A) in paragraph (2)(E)--
(i) by striking ``(E) Before and after
study.--'' and all that follows through ``(I)
Submission of plan.--'' and inserting the
following: ``(E) Information collection and
analysis plan.--
``(i) Submission of plan.--'';
(ii) by redesignating subclause (II) of clause
(i) (as so designated) as clause (ii), and
adjusting the margin accordingly; and
(iii) in clause (ii) (as so redesignated)--
(I) by redesignating items (aa)
through (dd) as subclauses (I) through
(IV), respectively, and adjusting the
margins accordingly; and
(II) in the matter preceding
subclause (I) (as so redesignated), by
striking ``subclause (I)'' and inserting
``clause (i)''; and
(B) in paragraph (5), by striking ``At least 30''
and inserting ``Not later than 15'';
(7) in subsection (o)--
(A) by striking paragraph (2);
(B) by redesignating paragraph (3) as paragraph (2);
and
(C) in paragraph (2) (as so redesignated)--
(i) in subparagraph (A)--
(I) in the matter preceding clause
(i), by striking ``of'' and inserting
``that'';
(II) by redesignating clauses (i)
and (ii) as subclauses (I) and (II),
respectively, and adjusting the margins
accordingly;
(III) by inserting before subclause
(I) (as so redesignated), the following:
``(i) assesses--'';
(IV) in clause (i) (as so
designated)--
(aa) in subclause (I) (as so
redesignated), by striking ``new
fixed guideway capital projects
and core capacity improvement
projects'' and inserting ``all
new fixed guideway capital
projects and core capacity
improvement projects for grant
agreements under this section
and section 3005(b) of the
Federal Public Transportation
Act of 2015 (49 U.S.C. 5309
note; Public Law 114-94)''; and
(bb) in subclause (II) (as
so redesignated), by striking
``and'' at the end; and
(V) by adding at the end the
following:
``(ii) includes, with respect to projects that
entered into revenue service since the previous
biennial review--
[[Page 135 STAT. 899]]
``(I) a description and analysis of
the impacts of the projects on public
transportation services and public
transportation ridership;
``(II) a description and analysis of
the consistency of predicted and actual
benefits and costs of the innovative
project development and delivery methods
of, or innovative financing for, the
projects; and
``(III) an identification of the
reasons for any differences between
predicted and actual outcomes for the
projects; and
``(iii) in conducting the review under clause
(ii), incorporates information from the plans
submitted by applicants under subsection
(k)(2)(E)(i); and''; and
(ii) in subparagraph (B), by striking ``each
year'' and inserting ``the applicable year''; and
(8) by adding at the end the following:
``(r) Capital Investment Grant Dashboard.--
``(1) <<NOTE: Public information. Web posting.>> In
general.--The Secretary shall make publicly available in an
easily identifiable location on the website of the Department of
Transportation a dashboard containing the following information
for each project seeking a grant agreement under this section:
``(A) Project name.
``(B) Project sponsor.
``(C) City or urbanized area and State in which the
project will be located.
``(D) Project type.
``(E) Project mode.
``(F) Project length and number of stops, including
length of exclusive bus rapid transit lanes, if
applicable.
``(G) Anticipated total project cost.
``(H) Anticipated share of project costs to be
sought under this section.
``(I) Date of compliance with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.).
``(J) Date on which the project entered the project
development phase.
``(K) Date on which the project entered the
engineering phase, if applicable.
``(L) Date on which a Letter of No Prejudice was
requested, and date on which a Letter of No Prejudice
was issued or denied, if applicable.
``(M) Date of the applicant's most recent project
ratings, including date of request for updated ratings,
if applicable.
``(N) Status of the project sponsor in securing non-
Federal matching funds.
``(O) Date on which a project grant agreement is
anticipated to be executed.
``(2) Updates.--The Secretary shall update the information
provided under paragraph (1) not less frequently than monthly.
``(3) <<NOTE: Public information. Web posting.>> Project
profiles.--The Secretary shall continue to make profiles for
projects that have applied for or are receiving assistance under
this section publicly available in an easily identifiable
location on the website of the Department of Transportation, in
the same manner as the Secretary did as of the day before the
date of enactment of this subsection.''.
[[Page 135 STAT. 900]]
(b) Expedited Project Delivery for Capital Investment Grants Pilot
Program.--Section 3005(b) of the Federal Public Transportation Act of
2015 (49 U.S.C. 5309 note; Public Law 114-94) is amended--
(1) in paragraph (1)(I)--
(A) in clause (i), by striking ``$75,000,000'' and
inserting ``$150,000,000''; and
(B) in clause (ii), by striking ``$300,000,000'' and
inserting ``$400,000,000'';
(2) in paragraph (8)(D)(i), by striking ``30 days'' and
inserting ``15 days'';
(3) by striking paragraph (12); and
(4) by redesignating paragraph (13) as paragraph (12).
SEC. 30006. FORMULA GRANTS FOR RURAL AREAS.
Section 5311 of title 49, United States Code, is amended--
(1) in subsection (c)--
(A) by redesignating paragraphs (2) and (3) as
paragraphs (3) and (4), respectively;
(B) by striking paragraph (1) and inserting the
following:
``(1) In general.--Of the amounts made available or
appropriated for each fiscal year pursuant to section
5338(a)(2)(F) to carry out this section--
``(A) an amount equal to 5 percent shall be
available to carry out paragraph (2); and
``(B) 3 percent shall be available to carry out
paragraph (3).
``(2) Public transportation on indian reservations.--
For <<NOTE: Apportionment.>> each fiscal year, the amounts made
available under paragraph (1)(A) shall be apportioned for grants
to Indian tribes for any purpose eligible under this section,
under such terms and conditions as may be established by the
Secretary, of which--
``(A) 20 percent shall be distributed by the
Secretary on a competitive basis; and
``(B) 80 percent shall be apportioned as formula
grants as provided in subsection (j).''; and
(2) in subsection (j)(1)(A), in the matter preceding clause
(i), by striking ``subsection (c)(1)(B)'' and inserting
``subsection (c)(2)(B)''.
SEC. 30007. PUBLIC TRANSPORTATION INNOVATION.
(a) In General.--Section 5312 of title 49, United States Code, is
amended--
(1) by striking the first subsection designated as
subsection (g), relating to annual reports on research, as so
designated by section 3008(a)(6)(A) of the FAST Act (Public Law
114-94; 129 Stat. 1468) and inserting the following:
``(f) Annual Report on Research.--
``(1) <<NOTE: Public information. Web posting.>> In
general.--Not later than the first Monday in February of each
year, the Secretary shall make available to the public on the
Web site of the Department of Transportation, a report that
includes--
``(A) a description of each project that received
assistance under this section during the preceding
fiscal year;
[[Page 135 STAT. 901]]
``(B) <<NOTE: Evaluation.>> an evaluation of each
project described in paragraph (1), including any
evaluation conducted under subsection (e)(4) for the
preceding fiscal year; and
``(C) <<NOTE: Proposal.>> a strategic research
roadmap proposal for allocations of amounts for
assistance under this section for the current and
subsequent fiscal year, including anticipated work
areas, proposed demonstrations and strategic partnership
opportunities;
``(2) <<NOTE: Time period. Web posting.>> Updates.--Not
less than every 3 months, the Secretary shall update on the Web
site of the Department of Transportation the information
described in paragraph (1)(C) to reflect any changes to the
Secretary's plans to make assistance available under this
section.
``(3) Long-term research plans.--The Secretary is encouraged
to develop long-term research plans and shall identify in the
annual report under paragraph (1) and in updates under paragraph
(2) allocations of amounts for assistance and notices of funding
opportunities to execute long-term strategic research roadmap
plans.'';
(2) in paragraph (1) of subsection (g), relating to
Government share of costs, by striking the period at the end and
inserting ``, except that if there is substantial public
interest or benefit, the Secretary may approve a greater Federal
share.''; and
(3) in subsection (h)--
(A) in paragraph (2)--
(i) by striking subparagraph (A) and inserting
the following:
``(A) In general.--The Secretary shall competitively
select at least 1 facility--
``(i) to conduct testing, evaluation, and
analysis of low or no emission vehicle components
intended for use in low or no emission vehicles;
and
``(ii) to conduct directed technology
research.'';
(ii) by striking subparagraph (B) and
inserting the following:
``(B) Testing, evaluation, and analysis.--
``(i) <<NOTE: Contracts.>> In general.--The
Secretary shall enter into a contract or
cooperative agreement with, or make a grant to, at
least 1 institution of higher education to operate
and maintain a facility to conduct testing,
evaluation, and analysis of low or no emission
vehicle components, and new and emerging
technology components, intended for use in low or
no emission vehicles.
``(ii) Requirements.--An institution of higher
education described in clause (i) shall have--
``(I) capacity to carry out
transportation-related advanced
component and vehicle evaluation;
``(II) laboratories capable of
testing and evaluation; and
``(III) direct access to or a
partnership with a testing facility
capable of emulating real-world
circumstances in order to test low or no
emission vehicle components installed on
the intended vehicle.''; and
(iii) by adding at the end the following:
[[Page 135 STAT. 902]]
``(H) Capital equipment and directed research.--A
facility operated and maintained under subparagraph (A)
may use funds made available under this subsection for--
``(i) acquisition of equipment and capital
projects related to testing low or no emission
vehicle components; or
``(ii) research related to advanced vehicle
technologies that provides advancements to the
entire public transportation industry.
``(I) Cost share.--The cost share for activities
described in subparagraph (H) shall be subject to the
terms in subsection (g).''; and
(B) in paragraph (3), by inserting ``, as
applicable'' before the period at the end.
(b) <<NOTE: 49 USC 5312 note.>> Low or No Emission Vehicle
Component Assessment.--
(1) In general.--Institutions of higher education selected
to operate and maintain a facility to conduct testing,
evaluation, and analysis of low or no emission vehicle
components pursuant to section 5312(h) of title 49, United
States Code, shall not carry out testing for a new bus model
under section 5318 of that title.
(2) Use of funds.--Funds made available to institutions of
higher education described in paragraph (1) for testing under
section 5318 of title 49, United States Code, may be used for
eligible activities under section 5312(h) of that title.
(c) Accelerated Implementation and Deployment of Advanced Digital
Construction Management Systems.--Section 5312(b) of title 49, United
States Code, is amended by adding at the end the following:
``(4) Accelerated implementation and deployment of advanced
digital construction management systems.--
``(A) In general.--The Secretary shall establish and
implement a program under this subsection to promote,
implement, deploy, demonstrate, showcase, support, and
document the application of advanced digital
construction management systems, practices, performance,
and benefits.
``(B) Goals.--The goals of the accelerated
implementation and deployment of advanced digital
construction management systems program established
under subparagraph (A) shall include--
``(i) accelerated adoption of advanced digital
systems applied throughout the lifecycle of
transportation infrastructure (including through
the planning, design and engineering,
construction, operations, and maintenance phases)
that--
``(I) maximize interoperability with
other systems, products, tools, or
applications;
``(II) boost productivity;
``(III) manage complexity;
``(IV) reduce project delays and
cost overruns;
``(V) enhance safety and quality;
and
``(VI) reduce total costs for the
entire lifecycle of transportation
infrastructure assets;
``(ii) more timely and productive information-
sharing among stakeholders through reduced
reliance on paper to manage construction processes
and
[[Page 135 STAT. 903]]
deliverables such as blueprints, design drawings,
procurement and supply-chain orders, equipment
logs, daily progress reports, and punch lists;
``(iii) deployment of digital management
systems that enable and leverage the use of
digital technologies on construction sites by
contractors, such as state-of-the-art automated
and connected machinery and optimized routing
software that allows construction workers to
perform tasks faster, safer, more accurately, and
with minimal supervision;
``(iv) the development and deployment of best
practices for use in digital construction
management;
``(v) increased technology adoption and
deployment by States, local governmental
authorities, and designated recipients that
enables project sponsors--
``(I) to integrate the adoption of
digital management systems and
technologies in contracts; and
``(II) to weigh the cost of
digitization and technology in setting
project budgets;
``(vi) technology training and workforce
development to build the capabilities of project
managers and sponsors that enables States, local
governmental authorities, or designated
recipients--
``(I) to better manage projects
using advanced construction management
technologies; and
``(II) to properly measure and
reward technology adoption across
projects;
``(vii) development of guidance to assist
States, local governmental authorities, and
designated recipients in updating regulations to
allow project sponsors and contractors--
``(I) <<NOTE: Reports. Data.>> to
report data relating to the project in
digital formats; and
``(II) to fully capture the
efficiencies and benefits of advanced
digital construction management systems
and related technologies;
``(viii) reduction in the environmental
footprint of construction projects using advanced
digital construction management systems resulting
from elimination of congestion through more
efficient projects; and
``(ix) enhanced worker and pedestrian safety
resulting from increased transparency.
``(C) Publication.--The reporting requirements for
the accelerated implementation and deployment of
advanced digital construction management systems program
established under section 503(c)(5) of title 23 shall
include data and analysis collected under this
section.''.
SEC. 30008. BUS TESTING FACILITIES.
Section 5318 of title 49, United States Code, is amended by adding
at the end the following:
``(f) Capital Equipment.--A facility operated and maintained under
this section may use funds made available under this section for the
acquisition of equipment and capital projects related to testing new bus
models.''.
[[Page 135 STAT. 904]]
SEC. 30009. TRANSIT-ORIENTED DEVELOPMENT.
Section 20005(b) of MAP-21 (49 U.S.C. 5303 note; Public Law 112-141)
is amended--
(1) in paragraph (2), in the matter preceding subparagraph
(A), by inserting ``or site-specific'' after ``comprehensive'';
and
(2) in paragraph (3)--
(A) in subparagraph (B), by inserting ``or a site-
specific plan'' after ``comprehensive plan'';
(B) in subparagraph (C), by inserting ``or the
proposed site-specific plan'' after ``proposed
comprehensive plan'';
(C) in subparagraph (D), by inserting ``or the site-
specific plan'' after ``comprehensive plan''; and
(D) in subparagraph (E)(iii), by inserting ``or the
site-specific plan'' after ``comprehensive plan''.
SEC. 30010. GENERAL PROVISIONS.
Section 5323(u) of title 49, United States Code, is amended by
striking paragraph (2) and inserting the following:
``(2) Exception.--For purposes of paragraph (1), the term
`otherwise related legally or financially' does not include--
``(A) a minority relationship or investment; or
``(B) relationship with or investment in a
subsidiary, joint venture, or other entity based in a
country described in paragraph (1)(B) that does not
export rolling stock or components of rolling stock for
use in the United States.''.
SEC. 30011. PUBLIC TRANSPORTATION EMERGENCY RELIEF PROGRAM.
Section 5324 of title 49, United States Code, is amended by adding
at the end the following:
``(f) Insurance.--Before receiving a grant under this section
following an emergency, an applicant shall--
``(1) submit to the Secretary documentation demonstrating
proof of insurance required under Federal law for all structures
related to the grant application; and
``(2) <<NOTE: Certification.>> certify to the Secretary
that the applicant has insurance required under State law for
all structures related to the grant application.''.
SEC. 30012. PUBLIC TRANSPORTATION SAFETY PROGRAM.
(a) In General.--Section 5329 of title 49, United States Code, is
amended--
(1) in subsection (b)--
(A) in paragraph (2)--
(i) in subparagraph (A), by inserting ``, or,
in the case of a recipient receiving assistance
under section 5307 that is serving an urbanized
area with a population of 200,000 or more, safety
performance measures, including measures related
to the risk reduction program under subsection
(d)(1)(I), for all modes of public
transportation'' after ``public transportation'';
(ii) in subparagraph (C)(ii)--
(I) in subclause (I), by striking
``and'' at the end;
(II) in subclause (II), by adding
``and'' at the end; and
(III) by adding at the end the
following:
``(III) innovations in driver
assistance technologies and driver
protection infrastructure,
[[Page 135 STAT. 905]]
where appropriate, and a reduction in
visibility impairments that contribute
to pedestrian fatalities;'';
(iii) in subparagraph (D)(ii)(V), by striking
``and'' at the end;
(iv) in subparagraph (E), by striking the
period at the end and inserting ``; and'';
(v) by redesignating subparagraphs (D) and (E)
as subparagraphs (E) and (F), respectively;
(vi) by inserting after subparagraph (C) the
following:
``(D) <<NOTE: Consultation.>> in consultation with
the Secretary of Health and Human Services,
precautionary and reactive actions required to ensure
public and personnel safety and health during an
emergency (as defined in section 5324(a));''; and
(vii) by adding at the end the following:
``(G) consideration, where appropriate, of
performance-based and risk-based methodologies.''; and
(B) by adding at the end the following:
``(3) Plan updates.--The Secretary shall update the national
public transportation safety plan under paragraph (1) as
necessary with respect to recipients receiving assistance under
section 5307 that serve an urbanized area with a population of
200,000 or more.'';
(2) in subsection (c)--
(A) by striking paragraph (2); and
(B) by striking the subsection designation and
heading and all that follows through ``The Secretary''
in paragraph (1) and inserting the following:
``(c) Public Transportation Safety Certification Training Program.--
The Secretary'';
(3) in subsection (d)--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph (A),
by striking ``Effective 1 year'' and all that
follows through ``each recipient'' and inserting
``Each recipient'';
(ii) in subparagraph (A), by inserting ``, or,
in the case of a recipient receiving assistance
under section 5307 that is serving an urbanized
area with a population of 200,000 or more, the
safety committee of the entity established under
paragraph (5), followed by the board of directors
(or equivalent entity) of the recipient approve,''
after ``approve'';
(iii) by redesignating subparagraphs (B)
through (G) as subparagraphs (C) through (H),
respectively;
(iv) by inserting after subparagraph (A) the
following:
``(B) for each recipient serving an urbanized area
with a population of fewer than 200,000, a requirement
that the agency safety plan be developed in cooperation
with frontline employee representatives;'';
(v) in subparagraph (D) (as so redesignated),
by inserting ``, and consistent with guidelines of
the Centers for Disease Control and Prevention or
a State health authority, minimize exposure to
infectious diseases'' after ``public, personnel,
and property to hazards and unsafe conditions'';
[[Page 135 STAT. 906]]
(vi) by striking subparagraph (F) (as so
redesignated) and inserting the following:
``(F) performance targets based on--
``(i) the safety performance criteria and
state of good repair standards established under
subparagraphs (A) and (B), respectively, of
subsection (b)(2); or
``(ii) in the case of a recipient receiving
assistance under section 5307 that is serving an
urbanized area with a population of 200,000 or
more, safety performance measures established
under the national public transportation safety
plan, as described in subsection (b)(2)(A);'';
(vii) in subparagraph (G) (as so
redesignated), by striking ``and'' at the end; and
(viii) by striking subparagraph (H) (as so
redesignated) and inserting the following:
``(H) a comprehensive staff training program for--
``(i) the operations personnel and personnel
directly responsible for safety of the recipient
that includes--
``(I) the completion of a safety
training program; and
``(II) continuing safety education
and training; or
``(ii) in the case of a recipient receiving
assistance under section 5307 that is serving an
urbanized area with a population of 200,000 or
more, the operations and maintenance personnel and
personnel directly responsible for safety of the
recipient that includes--
``(I) the completion of a safety
training program;
``(II) continuing safety education
and training; and
``(III) de-escalation training; and
``(I) in the case of a recipient receiving
assistance under section 5307 that is serving an
urbanized area with a population of 200,000 or more, a
risk reduction program for transit operations to improve
safety by reducing the number and rates of accidents,
injuries, and assaults on transit workers based on data
submitted to the national transit database under section
5335, including--
``(i) a reduction of vehicular and pedestrian
accidents involving buses that includes measures
to reduce visibility impairments for bus operators
that contribute to accidents, including retrofits
to buses in revenue service and specifications for
future procurements that reduce visibility
impairments; and
``(ii) the mitigation of assaults on transit
workers, including the deployment of assault
mitigation infrastructure and technology on buses,
including barriers to restrict the unwanted entry
of individuals and objects into the workstations
of bus operators when a risk analysis performed by
the safety committee of the recipient established
under paragraph (5) determines that such barriers
or other measures would reduce assaults on transit
workers and injuries to transit workers.''; and
[[Page 135 STAT. 907]]
(B) by adding at the end the following:
``(4) Risk reduction performance targets.--
``(A) <<NOTE: Time period.>> In general.--The
safety committee of a recipient receiving assistance
under section 5307 that is serving an urbanized area
with a population of 200,000 or more established under
paragraph (5) shall establish performance targets for
the risk reduction program required under paragraph
(1)(I) using a 3-year rolling average of the data
submitted by the recipient to the national transit
database under section 5335.
``(B) Safety set aside.--A recipient receiving
assistance under section 5307 that is serving an
urbanized area with a population of 200,000 or more
shall allocate not less than 0.75 percent of those funds
to safety-related projects eligible under section 5307.
``(C) Failure to meet performance targets.--A
recipient receiving assistance under section 5307 that
is serving an urbanized area with a population of
200,000 or more that does not meet the performance
targets established under subparagraph (A) shall
allocate the amount made available in subparagraph (B)
in the following fiscal year to projects described in
subparagraph (D).
``(D) Eligible projects.--Funds set aside under
subparagraph (C) shall be used for projects that are
reasonably likely to assist the recipient in meeting the
performance targets established in subparagraph (A),
including modifications to rolling stock and de-
escalation training.
``(5) Safety committee.--
``(A) In general.--For purposes of this subsection,
the safety committee of a recipient shall--
``(i) be convened by a joint labor-management
process;
``(ii) consist of an equal number of--
``(I) frontline employee
representatives, selected by a labor
organization representing the plurality
of the frontline workforce employed by
the recipient or, if applicable, a
contractor to the recipient, to the
extent frontline employees are
represented by labor organizations; and
``(II) management representatives;
and
``(iii) have, at a minimum, responsibility
for--
``(I) identifying and recommending
risk-based mitigations or strategies
necessary to reduce the likelihood and
severity of consequences identified
through the agency's safety risk
assessment;
``(II) identifying mitigations or
strategies that may be ineffective,
inappropriate, or were not implemented
as intended; and
``(III) identifying safety
deficiencies for purposes of continuous
improvement.
``(B) Applicability.--This paragraph applies only to
a recipient receiving assistance under section 5307 that
is serving an urbanized area with a population of
200,000 or more.'';
(4) in subsection (e)--
(A) in paragraph (4)(A)(v), by inserting ``,
inspection,'' after ``investigative''; and
[[Page 135 STAT. 908]]
(B) by adding at the end the following:
``(11) Effectiveness of enforcement authorities and
practices.--The Secretary shall develop and disseminate to State
safety oversight agencies the process and methodology that the
Secretary will use to monitor the effectiveness of the
enforcement authorities and practices of State safety oversight
agencies.''; and
(5) by striking subsection (k) and inserting the following:
``(k) Inspections.--
``(1) Inspection access.--
``(A) In general.--A State safety oversight program
shall provide the State safety oversight agency
established by the program with the authority and
capability to enter the facilities of each rail fixed
guideway public transportation system that the State
safety oversight agency oversees to inspect
infrastructure, equipment, records, personnel, and data,
including the data that the rail fixed guideway public
transportation agency collects when identifying and
evaluating safety risks.
``(B) <<NOTE: Consultation.>> Policies and
procedures.--A State safety oversight agency, in
consultation with each rail fixed guideway public
transportation agency that the State safety oversight
agency oversees, shall establish policies and procedures
regarding the access of the State safety oversight
agency to conduct inspections of the rail fixed guideway
public transportation system, including access for
inspections that occur without advance notice to the
rail fixed guideway public transportation agency.
``(2) Data collection.--
``(A) In general.--A rail fixed guideway public
transportation agency shall provide the applicable State
safety oversight agency with the data that the rail
fixed guideway public transportation agency collects
when identifying and evaluating safety risks, in
accordance with subparagraph (B).
``(B) <<NOTE: Consultation.>> Policies and
procedures.--A State safety oversight agency, in
consultation with each rail fixed guideway public
transportation agency that the State safety oversight
agency oversees, shall establish policies and procedures
for collecting data described in subparagraph (A) from a
rail fixed guideway public transportation agency,
including with respect to frequency of collection, that
is commensurate with the size and complexity of the rail
fixed guideway public transportation system.
``(3) Incorporation.--Policies and procedures established
under this subsection shall be incorporated into--
``(A) the State safety oversight program standard
adopted by a State safety oversight agency under section
674.27 of title 49, Code of Federal Regulations (or any
successor regulation); and
``(B) the public transportation agency safety plan
established by a rail fixed guideway public
transportation agency under subsection (d).
``(4) Assessment by secretary.--In assessing the capability
of a State safety oversight agency to conduct inspections as
required under paragraph (1), the Secretary shall ensure that--
[[Page 135 STAT. 909]]
``(A) the inspection practices of the State safety
oversight agency are commensurate with the number, size,
and complexity of the rail fixed guideway public
transportation systems that the State safety oversight
agency oversees;
``(B) the inspection program of the State safety
oversight agency is risk-based; and
``(C) the State safety oversight agency has
sufficient resources to conduct the inspections.
``(5) Special directive.--The Secretary shall issue a
special directive to each State safety oversight agency on the
development and implementation of risk-based inspection programs
under this subsection.
``(6) Enforcement.--The Secretary may use any authority
under this section, including any enforcement action authorized
under subsection (g), to ensure the compliance of a State safety
oversight agency or State safety oversight program with this
subsection.''.
(b) Deadline; Effective Date.--
(1) <<NOTE: 49 USC 5329 note.>> Special directive on risk-
based inspection programs.--Not later than 1 year after the date
of enactment of this Act, the Secretary of Transportation shall
issue each special directive required under section 5329(k)(5)
of title 49, United States Code (as added by subsection (a)).
(2) <<NOTE: 49 USC 5329 note.>> Inspection requirements.--
Section 5329(k) of title 49, United States Code (as amended by
subsection (a)), shall apply with respect to a State safety
oversight agency on and after the date that is 2 years after the
date on which the Secretary of Transportation issues the special
directive to the State safety oversight agency under paragraph
(5) of that section 5329(k).
(c) <<NOTE: 49 USC 5329 note.>> No Effect on Initial Certification
Process.--Nothing in this section or the amendments made by this section
affects the requirements for initial approval of a State safety
oversight program, including the initial deadline, under section
5329(e)(3) of title 49, United States Code.
SEC. 30013. ADMINISTRATIVE PROVISIONS.
Section 5334(h)(4) of title 49, United States Code, is amended--
(1) by redesignating subparagraphs (B) and (C) as
subparagraphs (C) and (D), respectively; and
(2) by inserting after subparagraph (A) the following:
``(B) Reimbursement.--
``(i) Fair market value of less than $5,000.--
With respect to rolling stock and equipment with a
unit fair market value of $5,000 or less per unit
and unused supplies with a total aggregate fair
market value of $5,000 or less that was purchased
using Federal financial assistance under this
chapter, the rolling stock, equipment, and
supplies may be retained, sold, or otherwise
disposed of at the end of the service life of the
rolling stock, equipment, or supplies without any
obligation to reimburse the Federal Transit
Administration.
``(ii) Fair market value of more than
$5,000.--
``(I) In general.--With respect to
rolling stock and equipment with a unit
fair market value of more than $5,000
per unit and unused supplies
[[Page 135 STAT. 910]]
with a total aggregate fair market value
of more than $5,000 that was purchased
using Federal financial assistance under
this chapter, the rolling stock,
equipment, and supplies may be retained
or sold at the end of the service life
of the rolling stock, equipment, or
supplies.
``(II) Reimbursement required.--If
rolling stock, equipment, or supplies
described in subclause (I) is sold, of
the proceeds from the sale--
``(aa) the recipient shall
retain an amount equal to the
sum of--
``(AA) $5,000; and
``(BB) of the remaining
proceeds, a percentage of
the amount equal to the non-
Federal share expended by
the recipient in making the
original purchase; and
``(bb) any amounts remaining
after application of item (aa)
shall be returned to the Federal
Transit Administration.
``(iii) Rolling stock and equipment
retained.--Rolling stock, equipment, or supplies
described in clause (i) or (ii) that is retained
by a recipient under those clauses may be used by
the recipient for other public transportation
projects or programs with no obligation to
reimburse the Federal Transit Administration, and
no approval of the Secretary to retain that
rolling stock, equipment, or supplies is
required.''.
SEC. 30014. NATIONAL TRANSIT DATABASE.
Section 5335 of title 49, United States Code, is amended--
(1) in subsection (a), in the first sentence, by inserting
``geographic service area coverage,'' after ``operating,''; and
(2) by striking subsection (c) and inserting the following:
``(c) Data Required to Be Reported.--Each recipient of a grant under
this chapter shall report to the Secretary, for inclusion in the
national transit database under this section--
``(1) any information relating to a transit asset inventory
or condition assessment conducted by the recipient;
``(2) any data on assaults on transit workers of the
recipients; and
``(3) any data on fatalities that result from an impact with
a bus.''.
SEC. 30015. APPORTIONMENT OF APPROPRIATIONS FOR FORMULA GRANTS.
(a) Small Urbanized Areas.--Section 5336(h)(3) of title 49, United
States Code, is amended by striking ``paragraphs (1) and (2)'' and all
that follows through ``2 percent'' in subparagraph (B) and inserting
``paragraphs (1) and (2), 3 percent''.
(b) Funding for State Safety Oversight Program Grants.--
(1) In general.--Section 5336(h)(4) of title 49, United
States Code, is amended by striking ``0.5 percent'' and
inserting ``0.75 percent''.
(2) <<NOTE: 49 USC 5336 note.>> Applicability.--The
amendment made by paragraph (1) shall apply with respect to
fiscal year 2022 and each fiscal year thereafter.
[[Page 135 STAT. 911]]
SEC. 30016. STATE OF GOOD REPAIR GRANTS.
Section 5337 of title 49, United States Code, is amended by adding
at the end the following:
``(f) Competitive Grants for Rail Vehicle Replacement.--
``(1) In general.--The Secretary may make grants under this
subsection to assist State and local governmental authorities in
financing capital projects for the replacement of rail rolling
stock.
``(2) Grant requirements.--Except as otherwise provided in
this subsection, a grant under this subsection shall be subject
to the same terms and conditions as a grant under subsection
(b).
``(3) Competitive process.--The Secretary shall solicit
grant applications and make not more than 3 new awards to
eligible projects under this subsection on a competitive basis
each fiscal year.
``(4) Consideration.--In awarding grants under this
subsection, the Secretary shall consider--
``(A) the size of the rail system of the applicant;
``(B) the amount of funds available to the applicant
under this subsection;
``(C) <<NOTE: Time period.>> the age and condition
of the rail rolling stock of the applicant that has
exceeded or will exceed the useful service life of the
rail rolling stock in the 5-year period following the
grant; and
``(D) whether the applicant has identified
replacement of the rail vehicles as a priority in the
investment prioritization portion of the transit asset
management plan of the recipient pursuant to part 625 of
title 49, Code of Federal Regulations (or successor
regulations).
``(5) Maximum share of competitive grant assistance.--The
amount of grant assistance provided by the Secretary under this
subsection, as a share of eligible project costs, shall be not
more than 50 percent.
``(6) Government share of cost.--The Government share of the
cost of an eligible project carried out under this subsection
shall not exceed 80 percent.
``(7) Multi-year grant agreements.--
``(A) In general.--An eligible project for which a
grant is provided under this subsection may be carried
out through a multi-year grant agreement in accordance
with this paragraph.
``(B) Requirements.--A multi-year grant agreement
under this paragraph shall--
``(i) establish the terms of participation by
the Federal Government in the project; and
``(ii) <<NOTE: Time period.>> establish the
maximum amount of Federal financial assistance for
the project that may be provided through grant
payments to be provided in not more than 3
consecutive fiscal years.
``(C) Financial rules.--A multi-year grant agreement
under this paragraph--
``(i) shall obligate an amount of available
budget authority specified in law; and
``(ii) may include a commitment, contingent on
amounts to be specified in law in advance for
commitments under this paragraph, to obligate an
additional
[[Page 135 STAT. 912]]
amount from future available budget authority
specified in law.
``(D) Statement of contingent commitment.--A multi-
year agreement under this paragraph shall state that the
contingent commitment is not an obligation of the
Federal Government.''.
SEC. 30017. AUTHORIZATIONS.
Section 5338 of title 49, United States Code, is amended to read as
follows:
``Sec. 5338. Authorizations
``(a) <<NOTE: Time periods.>> Grants.--
``(1) In general.--There shall be available from the Mass
Transit Account of the Highway Trust Fund to carry out sections
5305, 5307, 5310, 5311, 5312, 5314, 5318, 5335, 5337, 5339, and
5340, section 20005(b) of the Federal Public Transportation Act
of 2012 (49 U.S.C. 5303 note; Public Law 112-141), and section
3006(b) of the Federal Public Transportation Act of 2015 (49
U.S.C. 5310 note; Public Law 114-94)--
``(A) $13,355,000,000 for fiscal year 2022;
``(B) $13,634,000,000 for fiscal year 2023;
``(C) $13,990,000,000 for fiscal year 2024;
``(D) $14,279,000,000 for fiscal year 2025; and
``(E) $14,642,000,000 for fiscal year 2026.
``(2) Allocation of funds.--Of the amounts made available
under paragraph (1)--
``(A) $184,647,343 for fiscal year 2022,
$188,504,820 for fiscal year 2023, $193,426,906 for
fiscal year 2024, $197,422,644 for fiscal year 2025, and
$202,441,512 for fiscal year 2026 shall be available to
carry out section 5305;
``(B) $13,157,184 for fiscal year 2022, $13,432,051
for fiscal year 2023, $13,782,778 for fiscal year 2024,
$14,067,497 for fiscal year 2025, and $14,425,121 for
fiscal year 2026 shall be available to carry out section
20005(b) of the Federal Public Transportation Act of
2012 (49 U.S.C. 5303 note; Public Law 112-141);
``(C) $6,408,288,249 for fiscal year 2022,
$6,542,164,133 for fiscal year 2023, $6,712,987,840 for
fiscal year 2024, $6,851,662,142 for fiscal year 2025,
and $7,025,844,743 for fiscal year 2026 shall be
allocated in accordance with section 5336 to provide
financial assistance for urbanized areas under section
5307;
``(D) $371,247,094 for fiscal year 2022,
$379,002,836 for fiscal year 2023, $388,899,052 for
fiscal year 2024, $396,932,778 for fiscal year 2025, and
$407,023,583 for fiscal year 2026 shall be available to
provide financial assistance for services for the
enhanced mobility of seniors and individuals with
disabilities under section 5310;
``(E) $4,605,014 for fiscal year 2022, $4,701,218
for fiscal year 2023, $4,823,972 for fiscal year 2024,
$4,923,624 for fiscal year 2025, and $5,048,792 for
fiscal year 2026 shall be available for the pilot
program for innovative coordinated access and mobility
under section 3006(b) of
[[Page 135 STAT. 913]]
the Federal Public Transportation Act of 2015 (49 U.S.C.
5310 note; Public Law 114-94);
``(F) $875,289,555 for fiscal year 2022,
$893,575,275 for fiscal year 2023, $916,907,591 for
fiscal year 2024, $935,848,712 for fiscal year 2025, and
$959,639,810 for fiscal year 2026 shall be available to
provide financial assistance for rural areas under
section 5311;
``(G) $36,840,115 for fiscal year 2022, $37,609,743
for fiscal year 2023, $38,591,779 for fiscal year 2024,
$39,388,993 for fiscal year 2025, and $40,390,337 for
fiscal year 2026 shall be available to carry out section
5312, of which--
``(i) $5,000,000 for fiscal year 2022,
$5,104,455 for fiscal year 2023, $5,237,739 for
fiscal year 2024, $5,345,938 for fiscal year 2025,
and $5,481,842 for fiscal year 2026 shall be
available to carry out section 5312(h); and
``(ii) $6,578,592 for fiscal year 2022,
$6,716,026 for fiscal year 2023, $6,891,389 for
fiscal year 2024, $7,033,749 for fiscal year 2025,
and $7,212,560 for fiscal year 2026 shall be
available to carry out section 5312(i);
``(H) $11,841,465 for fiscal year 2022, $12,088,846
for fiscal year 2023, $12,404,500 for fiscal year 2024,
$12,660,748 for fiscal year 2025, and $12,982,608 for
fiscal year 2026 shall be available to carry out section
5314, of which $6,578,592 for fiscal year 2022,
$6,716,026 for fiscal year 2023, $6,891,389 for fiscal
year 2024, $7,033,749 for fiscal year 2025, and
$7,212,560 for fiscal year 2026 shall be available for
the national transit institute under section 5314(c);
``(I) $5,000,000 for fiscal year 2022, $5,104,455
for fiscal year 2023, $5,237,739 for fiscal year 2024,
$5,345,938 for fiscal year 2025, and $5,481,842 for
fiscal year 2026 shall be available for bus testing
under section 5318;
``(J) $131,000,000 for fiscal year 2022,
$134,930,000 for fiscal year 2023, $138,977,900 for
fiscal year 2024, $143,147,237 for fiscal year 2025, and
$147,441,654 for fiscal year 2026 shall be available to
carry out section 5334;
``(K) $5,262,874 for fiscal year 2022, $5,372,820
for fiscal year 2023, $5,513,111 for fiscal year 2024,
$5,626,999 for fiscal year 2025, and $5,770,048 for
fiscal year 2026 shall be available to carry out section
5335;
``(L) $3,515,528,226 for fiscal year 2022,
$3,587,778,037 for fiscal year 2023, $3,680,934,484 for
fiscal year 2024, $3,755,675,417 for fiscal year 2025,
and $3,850,496,668 for fiscal year 2026 shall be
available to carry out section 5337, of which
$300,000,000 for each of fiscal years 2022 through 2026
shall be available to carry out section 5337(f);
``(M) $603,992,657 for fiscal year 2022,
$616,610,699 for fiscal year 2023, $632,711,140 for
fiscal year 2024, $645,781,441 for fiscal year 2025, and
$662,198,464 for fiscal year 2026 shall be available for
the bus and buses facilities program under section
5339(a);
``(N) $447,257,433 for fiscal year 2022,
$456,601,111 for fiscal year 2023, $468,523,511 for
fiscal year 2024,
[[Page 135 STAT. 914]]
$478,202,088 for fiscal year 2025, and $490,358,916 for
fiscal year 2026 shall be available for buses and bus
facilities competitive grants under section 5339(b) and
no or low emission grants under section 5339(c), of
which $71,561,189 for fiscal year 2022, $73,056,178 for
fiscal year 2023, $74,963,762 for fiscal year 2024,
$76,512,334 for fiscal year 2025, and $78,457,427 for
fiscal year 2026 shall be available to carry out section
5339(c); and
``(O) $741,042,792 for fiscal year 2022,
$756,523,956 for fiscal year 2023, $776,277,698 for
fiscal year 2024, $792,313,742 for fiscal year 2025, and
$812,455,901 for fiscal year 2026, to carry out section
5340 to provide financial assistance for urbanized areas
under section 5307 and rural areas under section 5311,
of which--
``(i) $392,752,680 for fiscal year 2022,
$400,957,696 for fiscal year 2023, $411,427,180
for fiscal year 2024, $419,926,283 for fiscal year
2025, and $430,601,628 for fiscal year 2026 shall
be for growing States under section 5340(c); and
``(ii) $348,290,112 for fiscal year 2022,
$355,566,259 for fiscal year 2023, $364,850,518
for fiscal year 2024, $372,387,459 for fiscal year
2025, and $381,854,274 for fiscal year 2026 shall
be for high density States under section 5340(d).
``(b) <<NOTE: Appropriation authorization. Time period.>> Capital
Investment Grants.--There are authorized to be appropriated to carry out
section 5309 of this title and section 3005(b) of the Federal Public
Transportation Act of 2015 (49 U.S.C. 5309 note; Public Law 114-94),
$3,000,000,000 for each of fiscal years 2022 through 2026.
``(c) Oversight.--
``(1) In general.--Of the amounts made available to carry
out this chapter for a fiscal year, the Secretary may use not
more than the following amounts for the activities described in
paragraph (2):
``(A) 0.5 percent of amounts made available to carry
out section 5305.
``(B) 0.75 percent of amounts made available to
carry out section 5307.
``(C) 1 percent of amounts made available to carry
out section 5309.
``(D) 1 percent of amounts made available to carry
out section 601 of the Passenger Rail Investment and
Improvement Act of 2008 (Public Law 110-432; 126 Stat.
4968).
``(E) 0.5 percent of amounts made available to carry
out section 5310.
``(F) 0.5 percent of amounts made available to carry
out section 5311.
``(G) 1 percent of amounts made available to carry
out section 5337, of which not less than 0.25 percent of
amounts made available for this subparagraph shall be
available to carry out section 5329.
``(H) 0.75 percent of amounts made available to
carry out section 5339.
``(2) Activities.--The activities described in this
paragraph are as follows:
[[Page 135 STAT. 915]]
``(A) Activities to oversee the construction of a
major capital project.
``(B) Activities to review and audit the safety and
security, procurement, management, and financial
compliance of a recipient or subrecipient of funds under
this chapter.
``(C) Activities to provide technical assistance
generally, and to provide technical assistance to
correct deficiencies identified in compliance reviews
and audits carried out under this section.
``(D) Activities to carry out section 5334.
``(3) Government share of costs.--The Government shall pay
the entire cost of carrying out a contract under this
subsection.
``(4) Availability of certain funds.--Funds made available
under paragraph (1)(C) shall be made available to the Secretary
before allocating the funds appropriated to carry out any
project under a full funding grant agreement.
``(d) Grants as Contractual Obligations.--
``(1) Grants financed from highway trust fund.--A grant or
contract that is approved by the Secretary and financed with
amounts made available from the Mass Transit Account of the
Highway Trust Fund pursuant to this section is a contractual
obligation of the Government to pay the Government share of the
cost of the project.
``(2) Grants financed from general fund.--A grant or
contract that is approved by the Secretary and financed with
amounts appropriated in advance from the General Fund of the
Treasury pursuant to this section is a contractual obligation of
the Government to pay the Government share of the cost of the
project only to the extent that amounts are appropriated for
such purpose by an Act of Congress.
``(e) Availability of Amounts.--Amounts made available by or
appropriated under this section shall remain available until
expended.''.
SEC. 30018. GRANTS FOR BUSES AND BUS FACILITIES.
Section 5339 of title 49, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (5)(A)--
(i) by striking ``$90,500,000 for each of
fiscal years 2016 through 2020'' and inserting
``$206,000,000 each fiscal year'';
(ii) by striking ``$1,750,000'' and inserting
``$4,000,000''; and
(iii) by striking ``$500,000'' and inserting
``$1,000,000''; and
(B) by adding at the end the following:
``(10) Maximizing use of funds.--
``(A) In general.--Eligible recipients and
subrecipients under this subsection should, to the
extent practicable, seek to utilize the procurement
tools authorized under section 3019 of the FAST Act (49
U.S.C. 5325 note; Public Law 114-94).
``(B) Written explanation.--If an eligible recipient
or subrecipient under this subsection purchases less
than 5 buses through a standalone procurement, the
eligible recipient or subrecipient shall provide to the
Secretary
[[Page 135 STAT. 916]]
a written explanation regarding why the tools authorized
under section 3019 of the FAST Act (49 U.S.C. 5325 note;
Public Law 114-94) were not utilized.'';
(2) in subsection (b)--
(A) by striking paragraph (5) and inserting the
following:
``(5) Rural projects.--
``(A) In general.--Subject to subparagraph (B), not
less than 15 percent of the amounts made available under
this subsection in a fiscal year shall be distributed to
projects in rural areas.
``(B) Unutilized amounts.--The Secretary may use
less than 15 percent of the amounts made available under
this subsection in a fiscal year for the projects
described in subparagraph (A) if the Secretary cannot
meet the requirement of that subparagraph due to
insufficient eligible applications.''; and
(B) by adding at the end the following:
``(9) Competitive process.--The Secretary shall--
``(A) <<NOTE: Deadline.>> not later than 30 days
after the date on which amounts are made available for
obligation under this subsection for a full fiscal year,
solicit grant applications for eligible projects on a
competitive basis; and
``(B) <<NOTE: Grants. Deadlines.>> award a grant
under this subsection based on the solicitation under
subparagraph (A) not later than the earlier of--
``(i) 75 days after the date on which the
solicitation expires; or
``(ii) the end of the fiscal year in which the
Secretary solicited the grant applications.
``(10) Continued use of partnerships.--
``(A) In general.--An eligible recipient of a grant
under this subsection may submit an application in
partnership with other entities, including a transit
vehicle manufacturer that intends to participate in the
implementation of a project under this subsection and
subsection (c).
``(B) Competitive procurement.--Projects awarded
with partnerships under this subsection shall be
considered to satisfy the requirement for a competitive
procurement under section 5325.
``(11) Maximizing use of funds.--
``(A) In general.--Eligible recipients under this
subsection should, to the extent practicable, seek to
utilize the procurement tools authorized under section
3019 of the FAST Act (49 U.S.C. 5325 note; Public Law
114-94).
``(B) Written explanation.--If an eligible recipient
under this subsection purchases less than 5 buses
through a standalone procurement, the eligible recipient
shall provide to the Secretary a written explanation
regarding why the tools authorized under section 3019 of
the FAST Act (49 U.S.C. 5325 note; Public Law 114-94)
were not utilized.'';
(3) in subsection (c)--
(A) in paragraph (3)--
(i) by amending subparagraph (A) to read as
follows:
[[Page 135 STAT. 917]]
``(A) In general.--A grant under this subsection
shall be subject to--
``(i) with respect to eligible recipients in
urbanized areas, section 5307; and
``(ii) with respect to eligible recipients in
rural areas, section 5311.''; and
(ii) by adding at the end the following:
``(D) Fleet transition plan.--In awarding grants
under this subsection or under subsection (b) for
projects related to zero emission vehicles, the
Secretary shall require the applicant to submit a zero
emission transition plan, which, at a minimum--
``(i) demonstrates a long-term fleet
management plan with a strategy for how the
applicant intends to use the current application
and future acquisitions;
``(ii) addresses the availability of current
and future resources to meet costs;
``(iii) considers policy and legislation
impacting technologies;
``(iv) <<NOTE: Evaluation.>> includes an
evaluation of existing and future facilities and
their relationship to the technology transition;
``(v) describes the partnership of the
applicant with the utility or alternative fuel
provider of the applicant; and
``(vi) <<NOTE: Examination.>> examines the
impact of the transition on the applicant's
current workforce by identifying skill gaps,
training needs, and retraining needs of the
existing workers of the applicant to operate and
maintain zero emission vehicles and related
infrastructure and avoids the displacement of the
existing workforce.'';
(B) by striking paragraph (5) and inserting the
following:
``(5) Consideration.--In awarding grants under this
subsection, the Secretary--
``(A) shall consider eligible projects relating to
the acquisition or leasing of low or no emission buses
or bus facilities that make greater reductions in energy
consumption and harmful emissions, including direct
carbon emissions, than comparable standard buses or
other low or no emission buses; and
``(B) shall, for no less than 25 percent of the
funds made available to carry out this subsection, only
consider eligible projects related to the acquisition of
low or no emission buses or bus facilities other than
zero emission vehicles and related facilities.''; and
(C) by adding at the end the following:
``(8) Continued use of partnerships.--
``(A) In general.--A recipient of a grant under this
subsection may submit an application in partnership with
other entities, including a transit vehicle
manufacturer, that intends to participate in the
implementation of an eligible project under this
subsection.
``(B) Competitive procurement.--Eligible projects
awarded with partnerships under this subsection shall be
considered to satisfy the requirement for a competitive
procurement under section 5325.''; and
[[Page 135 STAT. 918]]
(4) by adding at the end the following:
``(d) <<NOTE: Certification.>> Workforce Development Training
Activities.--5 percent of grants related to zero emissions vehicles (as
defined in subsection (c)(1)) or related infrastructure under subsection
(b) or (c) shall be used by recipients to fund workforce development
training, as described in section 5314(b)(2) (including registered
apprenticeships and other labor-management training programs) under the
recipient's plan to address the impact of the transition to zero
emission vehicles on the applicant's current workforce under subsection
(c)(3)(D), unless the recipient certifies a smaller percentage is
necessary to carry out that plan.''.
SEC. 30019. WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY SAFETY,
ACCOUNTABILITY, AND INVESTMENT.
(a) Definitions.--In this section:
(1) Board.--The term ``Board'' means the Board of Directors
of the Transit Authority.
(2) Compact.--The term ``Compact'' means the Washington
Metropolitan Area Transit Authority Compact consented to by
Congress under Public Law 89-774 (80 Stat. 1324).
(3) Covered recipient.--The term ``covered recipient''
means--
(A)(i) the Committee on Banking, Housing, and Urban
Affairs of the Senate;
(ii) the Committee on Homeland Security and
Governmental Affairs of the Senate;
(iii) the Committee on Transportation and
Infrastructure of the House of Representatives; and
(iv) the Committee on Oversight and Reform of the
House of Representatives;
(B)(i) the Governor of Maryland;
(ii) the President of the Maryland Senate; and
(iii) the Speaker of the Maryland House of
Delegates;
(C)(i) the Governor of Virginia;
(ii) the President of the Virginia Senate; and
(iii) the Speaker of the Virginia House of
Delegates;
(D)(i) the Mayor of the District of Columbia; and
(ii) the Chairman of the Council of the District of
Columbia; and
(E) the Chairman of the Northern Virginia
Transportation Commission.
(4) Inspector general; office of the inspector general.--The
terms ``Inspector General'' and ``Office of Inspector General''
mean the Inspector General and the Office of Inspector General,
respectively, of the Transit Authority.
(5) Transit authority.--The term ``Transit Authority'' means
the Washington Metropolitan Area Transit Authority established
under Article III of the Compact.
(b) Reauthorization of Capital and Preventive Maintenance Grants to
Washington Metropolitan Area Transit Authority.--Section 601(f) of the
Passenger Rail Investment and Improvement Act of 2008 (division B of
Public Law 110-432; 122 Stat. 4970) is amended by striking ``an
aggregate amount'' and all that follows through the period at the end
and inserting ``$150,000,000 for each of fiscal years 2022 through
2030.''.
(c) Funds for Washington Metropolitan Area Transit Authority's
Inspector General.--Title VI of the Passenger Rail
[[Page 135 STAT. 919]]
Investment and Improvement Act of 2008 (division B of Public Law 110-
432; 122 Stat. 4968) is amended by adding at the end the following:
``SEC. 602. FUNDING FOR INSPECTOR GENERAL.
``(a) Definitions.--In this section:
``(1) Compact.--The term `Compact' means the Washington
Metropolitan Area Transit Authority Compact consented to by
Congress under Public Law 89-774 (80 Stat. 1324).
``(2) Secretary.--The term `Secretary' means the Secretary
of Transportation.
``(3) Transit authority.--The term `Transit Authority' has
the meaning given the term in section 601(a)(2).
``(b) Funding for Office of Inspector General of the Washington
Metropolitan Area Transit Authority.--Subject to subsection (c), of the
amounts authorized to be appropriated for a fiscal year under section
601(f), the Secretary shall use $5,000,000 for grants to the Transit
Authority for use exclusively by the Office of Inspector General of the
Transit Authority for the operations of the Office in accordance with
Section 9 of Article III of the Compact, to remain available until
expended.
``(c) Matching Inspector General Funds Required From Transit
Authority.--The Secretary may not provide any amounts to the Transit
Authority for a fiscal year under subsection (b) until the Transit
Authority notifies the Secretary that the Transit Authority has made
available $5,000,000 in non-Federal funds for that fiscal year for use
exclusively by the Office of Inspector General of the Transit Authority
for the operations of the Office in accordance with Section 9 of Article
III of the Compact.''.
(d) Reforms to Office of Inspector General.--
(1) Sense of congress.--Congress recognizes the importance
of the Transit Authority having a strong and independent Office
of Inspector General, as codified in subsections (a) and (d) of
Section 9 of Article III of the Compact.
(2) <<NOTE: Certification.>> Reforms.--The Secretary of
Transportation may not provide any amounts to the Transit
Authority under section 601(f) of the Passenger Rail Investment
and Improvement Act of 2008 (division B of Public Law 110-432;
122 Stat. 4968) (as amended by subsection (b)), until the
Secretary of Transportation certifies that the Board has passed
a resolution that--
(A) <<NOTE: Budget estimate.>> provides that, for
each fiscal year, the Office of Inspector General shall
transmit a budget estimate and request to the Board
specifying the aggregate amount of funds requested for
the fiscal year for the operations of the Office of
Inspector General;
(B) delegates to the Inspector General, to the
extent possible under the Compact and in accordance with
each applicable Federal law or regulation, contracting
officer authority, subject to the requirement that the
Inspector General exercise that authority--
(i) in accordance with Section 73 of Article
XVI of the Compact, after working with the Transit
Authority to amend procurement policies and
procedures to give the Inspector General approving
authority for exceptions to those policies and
procedures; and
[[Page 135 STAT. 920]]
(ii) only as is necessary to carry out the
duties of the Office of Inspector General;
(C) delegates to the Inspector General, to the
extent possible under the Compact and in accordance with
each applicable Federal law or regulation--
(i) the authority to select, appoint, and
employ such officers and employees as may be
necessary for carrying out the duties of the
Office of Inspector General, subject to the
requirement that the Inspector General exercise
that authority in accordance with--
(I) subsections (g) and (h) of
Section 12 of Article V of the Compact;
and
(II) personnel policies and
procedures of the Transit Authority; and
(ii) approving authority, subject to the
approval of the Board, for exceptions to policies
that impact the independence of the Office of
Inspector General, but those exceptions may not
include the use of employee benefits and pension
plans other than the employee benefits and pension
plans of the Transit Authority;
(D)(i) ensures that the Inspector General obtains
legal advice from a counsel reporting directly to the
Inspector General; and
(ii) prohibits the counsel described in clause (i)
from--
(I) providing legal advice for or on behalf of
the Transit Authority;
(II) issuing a legal opinion on behalf of the
Transit Authority or making a statement about a
legal position of the Transit Authority; or
(III) waiving any privilege or protection from
disclosure on any matter under the jurisdiction of
the Transit Authority; and
(E) requires the Inspector General to--
(i) <<NOTE: Reports. Recommenda- tions.>>
post any report containing a recommendation for
corrective action to the website of the Office of
Inspector General not later than 3 days after the
report is submitted in final form to the Board,
except that--
(I) the Inspector General shall, if
required by law or otherwise
appropriate, redact--
(aa) personally identifiable
information;
(bb) legally privileged
information;
(cc) information legally
prohibited from disclosure; and
(dd) information that, in
the determination of the
Inspector General, would pose a
security risk to the systems of
the Transit Authority; and
(II) <<NOTE: Recommenda- tions.>>
with respect to any investigative
findings in a case involving
administrative misconduct, whether
included in a recommendation or
otherwise, the Inspector General shall
publish only a summary of the findings,
which summary shall be redacted in
accordance with the procedures set forth
in subclause (I);
(ii) <<NOTE: Reports. Recommenda- tions.>>
submit a semiannual report containing
recommendations of corrective action to the Board,
which
[[Page 135 STAT. 921]]
the Board shall transmit not later than 30 days
after receipt of the report, together with any
comments the Board determines appropriate, to--
(I) each covered recipient described
in subsection (a)(3)(A); and
(II) any other recipients that the
Board determines appropriate; and
(iii) not later than 2 years after the date of
enactment of this Act and 5 years after the date
of enactment of this Act, submit to each covered
recipient a report that--
(I) describes the implementation by
the Transit Authority of the reforms
required under, and the use by the
Transit Authority of the funding
authorized under--
(aa) chapter 34 of title
33.2 of the Code of Virginia;
(bb) section 10-205 of the
Transportation Article of the
Code of Maryland; and
(cc) section 6002 of the
Dedicated WMATA Funding and Tax
Changes Affecting Real Property
and Sales Amendment Act of 2018
(1-325.401, D.C. Official Code);
and
(II) contains--
(aa) an assessment of the
effective use of the funding
described in subclause (I) to
address major capital
improvement projects;
(bb) a discussion of
compliance with strategic plan
deadlines;
(cc) an examination of
compliance with the reform
requirements under the laws
described in subclause (I),
including identifying any
challenges to compliance or
implementation; and
(dd) recommendations to the
Transit Authority to improve
implementation.
(e) Capital Program and Planning.--
(1) Capital planning procedures.--The Transit Authority may
not expend any amounts received under section 602(b) of the
Passenger Rail Investment and Improvement Act of 2008 (division
B of Public Law 110-432; 122 Stat. 4968), (as added by
subsection (c)), until the General Manager of the Transit
Authority certifies to the Secretary of Transportation that the
Transit Authority has implemented--
(A) documented policies and procedures for the
capital planning process that include--
(i) a process that aligns projects to the
strategic goals of the Transit Authority; and
(ii) a process to develop total project costs
and alternatives for all major capital projects
(as defined in section 633.5 of title 49, Code of
Federal Regulations (or successor regulations));
(B) a transit asset management planning process that
includes --
(i) <<NOTE: Inventory.>> asset inventory and
condition assessment procedures; and
[[Page 135 STAT. 922]]
(ii) procedures to develop a data set of
track, guideway, and infrastructure systems,
including tunnels, bridges, and communications
assets, that complies with the transit asset
management regulations of the Secretary of
Transportation under part 625 of title 49, Code of
Federal Regulations (or successor regulations);
and
(C) performance measures, aligned with the strategic
goals of the Transit Authority, to assess the
effectiveness and outcomes of major capital projects.
(2) Annual report.--As a condition of receiving amounts
under section 602(b) of the Passenger Rail Investment and
Improvement Act of 2008 (division B of Public Law 110-432; 122
Stat. 4968) (as added by subsection (c)), the Transit Authority
shall submit an annual report detailing the Capital Improvement
Program of the Transit Agency approved by the Board and
compliance with the transit asset management regulations of the
Secretary of Transportation under part 625 of title 49, Code of
Federal Regulations (or successor regulations), to--
(A) each covered recipient; and
(B) any other recipient that the Board determines
appropriate.
(f) Sense of Congress.--It is the sense of Congress that the Transit
Authority should--
(1) continue to prioritize the implementation of new
technological systems that include robust cybersecurity
protections; and
(2) prioritize continued integration of new wireless
services and emergency communications networks, while also
leveraging partnerships with mobility services to improve the
competitiveness of the core business.
(g) Additional Reporting.--
(1) <<NOTE: Assessments.>> In general.--Not later than 3
years after the date of enactment of this Act, the Comptroller
General of the United States shall submit to the congressional
committees described in paragraph (2) a report that--
(A) assesses whether the reforms required under
subsection (d) (relating to strengthening the
independence of the Office of Inspector General) have
been implemented; and
(B) assesses--
(i) whether the reforms required under
subsection (g) have been implemented; and
(ii) the impact of those reforms on the
capital planning process of the Transit Authority.
(2) Congressional committees.--The congressional committees
described in this paragraph are--
(A) the Committee on Banking, Housing, and Urban
Affairs of the Senate;
(B) the Committee on Homeland Security and
Governmental Affairs of the Senate;
(C) the Committee on Transportation and
Infrastructure of the House of Representatives; and
(D) the Committee on Oversight and Reform of the
House of Representatives.
[[Page 135 STAT. 923]]
DIVISION D--ENERGY
SEC. 40001. <<NOTE: 42 USC 18701.>> DEFINITIONS.
In this division:
(1) Department.--The term ``Department'' means the
Department of Energy.
(2) Indian tribe.--The term ``Indian Tribe'' has the meaning
given the term in section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 5304).
(3) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
TITLE I--GRID INFRASTRUCTURE AND RESILIENCY
Subtitle A--Grid Infrastructure Resilience and Reliability
SEC. 40101. <<NOTE: 42 USC 18711.>> PREVENTING OUTAGES AND
ENHANCING THE RESILIENCE OF THE
ELECTRIC GRID.
(a) Definitions.--In this section:
(1) Disruptive event.--The term ``disruptive event'' means
an event in which operations of the electric grid are disrupted,
preventively shut off, or cannot operate safely due to extreme
weather, wildfire, or a natural disaster.
(2) Eligible entity.--The term ``eligible entity'' means--
(A) an electric grid operator;
(B) an electricity storage operator;
(C) an electricity generator;
(D) a transmission owner or operator;
(E) a distribution provider;
(F) a fuel supplier; and
(G) any other relevant entity, as determined by the
Secretary.
(3) Natural disaster.--The term ``natural disaster'' has the
meaning given the term in section 602(a) of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
5195a(a)).
(4) Power line.--The term ``power line'' includes a
transmission line or a distribution line, as applicable.
(5) Program.--The term ``program'' means the program
established under subsection (b).
(b) <<NOTE: Deadline.>> Establishment of Program.--Not later than
180 days after the date of enactment of this Act, the Secretary shall
establish a program under which the Secretary shall make grants to
eligible entities, States, and Indian Tribes in accordance with this
section.
(c) Grants to Eligible Entities.--
(1) In general.--The Secretary may make a grant under the
program to an eligible entity to carry out activities that--
(A) are supplemental to existing hardening efforts
of the eligible entity planned for any given year; and
(B)(i) reduce the risk of any power lines owned or
operated by the eligible entity causing a wildfire; or
[[Page 135 STAT. 924]]
(ii) increase the ability of the eligible entity to
reduce the likelihood and consequences of disruptive
events.
(2) Application.--
(A) In general.--An eligible entity desiring a grant
under the program shall submit to the Secretary an
application at such time, in such manner, and containing
such information as the Secretary may require.
(B) Requirement.--As a condition of receiving a
grant under the program, an eligible entity shall submit
to the Secretary, as part of the application of the
eligible entity submitted under subparagraph (A), a
report detailing past, current, and future efforts by
the eligible entity to reduce the likelihood and
consequences of disruptive events.
(3) Limitation.--The Secretary may not award a grant to an
eligible entity in an amount that is greater than the total
amount that the eligible entity has spent in the previous 3
years on efforts to reduce the likelihood and consequences of
disruptive events.
(4) Priority.--In making grants to eligible entities under
the program, the Secretary shall give priority to projects that,
in the determination of the Secretary, will generate the
greatest community benefit (whether rural or urban) in reducing
the likelihood and consequences of disruptive events.
(5) Small utilities set aside.--The Secretary shall ensure
that not less than 30 percent of the amounts made available to
eligible entities under the program are made available to
eligible entities that sell not more than 4,000,000 megawatt
hours of electricity per year.
(d) Grants to States and Indian Tribes.--
(1) In general.--The Secretary, in accordance with this
subsection, may make grants under the program to States and
Indian Tribes, which each State or Indian Tribe may use to award
grants to eligible entities.
(2) Annual application.--
(A) In general.--For each fiscal year, to be
eligible to receive a grant under this subsection, a
State or Indian Tribe shall submit to the Secretary an
application that includes a plan described in
subparagraph (B).
(B) Plan required.--A plan prepared by a State or
Indian Tribe for purposes of an application described in
subparagraph (A) shall--
(i) describe the criteria and methods that
will be used by the State or Indian Tribe to award
grants to eligible entities;
(ii) be adopted after notice and a public
hearing; and
(iii) describe the proposed funding
distributions and recipients of the grants to be
provided by the State or Indian Tribe.
(3) Distribution of funds.--
(A) In general.--The Secretary shall provide grants
to States and Indian Tribes under this subsection based
on a formula determined by the Secretary, in accordance
with subparagraph (B).
(B) Requirement.--The formula referred to in
subparagraph (A) shall be based on the following
factors:
[[Page 135 STAT. 925]]
(i) The total population of the State or
Indian Tribe.
(ii)(I) The total area of the State or the
land of the Indian Tribe; or
(II) the areas in the State or on the land of
the Indian Tribe with a low ratio of electricity
customers per mileage of power lines.
(iii) The probability of disruptive events in
the State or on the land of the Indian Tribe
during the previous 10 years, as determined based
on the number of federally declared disasters or
emergencies in the State or on the land of the
Indian Tribe, as applicable, including--
(I) disasters for which Fire
Management Assistance Grants are
provided under section 420 of the Robert
T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C.
5187);
(II) major disasters declared by the
President under section 401 of that Act
(42 U.S.C. 5170);
(III) emergencies declared by the
President under section 501 of that Act
(42 U.S.C. 5191); and
(IV) any other federally declared
disaster or emergency in the State or on
the land of the Indian Tribe.
(iv) The number and severity, measured by
population and economic impacts, of disruptive
events experienced by the State or Indian Tribe on
or after January 1, 2011.
(v) The total amount, on a per capita basis,
of public and private expenditures during the
previous 10 years to carry out mitigation efforts
to reduce the likelihood and consequences of
disruptive events in the State or on the land of
the Indian Tribe, with States or Indian Tribes
with higher per capita expenditures receiving
additional weight or consideration as compared to
States or Indian Tribes with lower per capita
expenditures.
(C) Annual update of data used in distribution of
funds.-- <<NOTE: Effective date.>> Beginning 1 year
after the date of enactment of this Act, the Secretary
shall annually update--
(i) all data relating to the factors described
in subparagraph (B); and
(ii) all other data used in distributing
grants to States and Indian Tribes under this
subsection.
(4) Oversight.--The Secretary shall ensure that each grant
provided to a State or Indian Tribe under the program is
allocated, pursuant to the applicable plan of the State or
Indian Tribe, to eligible entities for projects within the State
or on the land of the Indian Tribe.
(5) Priority.--In making grants to eligible entities using
funds made available to the applicable State or Indian Tribe
under the program, the State or Indian Tribe shall give priority
to projects that, in the determination of the State or Indian
Tribe, will generate the greatest community benefit (whether
rural or urban) in reducing the likelihood and consequences of
disruptive events.
[[Page 135 STAT. 926]]
(6) Small utilities set aside.--A State or Indian Tribe
receiving a grant under the program shall ensure that, of the
amounts made available to eligible entities from funds made
available to the State or Indian Tribe under the program, the
percentage made available to eligible entities that sell not
more than 4,000,000 megawatt hours of electricity per year is
not less than the percentage of all customers in the State or
Indian Tribe that are served by those eligible entities.
(7) Technical assistance and administrative expenses.--Of
the amounts made available to a State or Indian Tribe under the
program each fiscal year, the State or Indian Tribe may use not
more than 5 percent for--
(A) providing technical assistance under subsection
(g)(1)(A); and
(B) administrative expenses associated with the
program.
(8) Matching requirement.--Each State and Indian Tribe shall
be required to match 15 percent of the amount of each grant
provided to the State or Indian Tribe under the program.
(e) Use of Grants.--
(1) In general.--A grant awarded to an eligible entity under
the program may be used for activities, technologies, equipment,
and hardening measures to reduce the likelihood and consequences
of disruptive events, including--
(A) weatherization technologies and equipment;
(B) fire-resistant technologies and fire prevention
systems;
(C) monitoring and control technologies;
(D) the undergrounding of electrical equipment;
(E) utility pole management;
(F) the relocation of power lines or the
reconductoring of power lines with low-sag, advanced
conductors;
(G) vegetation and fuel-load management;
(H) the use or construction of distributed energy
resources for enhancing system adaptive capacity during
disruptive events, including--
(i) microgrids; and
(ii) battery-storage subcomponents;
(I) adaptive protection technologies;
(J) advanced modeling technologies;
(K) hardening of power lines, facilities,
substations, of other systems; and
(L) the replacement of old overhead conductors and
underground cables.
(2) Prohibitions and limitations.--
(A) In general.--A grant awarded to an eligible
entity under the program may not be used for--
(i) construction of a new--
(I) electric generating facility; or
(II) large-scale battery-storage
facility that is not used for enhancing
system adaptive capacity during
disruptive events; or
(ii) cybersecurity.
(B) Certain investments eligible for recovery.--
(i) In general.--An eligible entity may not
seek cost recovery for the portion of the cost of
any system,
[[Page 135 STAT. 927]]
technology, or equipment that is funded through a
grant awarded under the program.
(ii) Savings provision.--Nothing in this
subparagraph prohibits an eligible entity from
recovering through traditional or incentive-based
ratemaking any portion of an investment in a
system, technology, or equipment that is not
funded by a grant awarded under the program.
(C) Application limitations.--An eligible entity may
not submit an application for a grant provided by the
Secretary under subsection (c) and a grant provided by a
State or Indian Tribe pursuant to subsection (d) during
the same application cycle.
(f) Distribution of Funding.--Of the amounts made available to carry
out the program for a fiscal year, the Secretary shall ensure that--
(1) 50 percent is used to award grants to eligible entities
under subsection (c); and
(2) 50 percent is used to make grants to States and Indian
Tribes under subsection (d).
(g) Technical and Other Assistance.--
(1) In general.--The Secretary, States, and Indian Tribes
may--
(A) provide technical assistance and facilitate the
distribution and sharing of information to reduce the
likelihood and consequences of disruptive events; and
(B) promulgate consumer-facing information and
resources to inform the public of best practices and
resources relating to reducing the likelihood and
consequences of disruptive events.
(2) Use of funds by the secretary.--Of the amounts made
available to the Secretary to carry out the program each fiscal
year, the Secretary may use not more than 5 percent for--
(A) providing technical assistance under paragraph
(1)(A); and
(B) administrative expenses associated with the
program.
(h) Matching Requirement.--
(1) In general.--Except as provided in paragraph (2), an
eligible entity that receives a grant under this section shall
be required to match 100 percent of the amount of the grant.
(2) Exception for small utilities.--An eligible entity that
sells not more than 4,000,000 megawatt hours of electricity per
year shall be required to match \1/3\ of the amount of the
grant.
(i) Biennial Report to Congress.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, and every 2 years thereafter through
2026, the Secretary shall submit to the Committee on Energy and
Natural Resources of the Senate and the Committee on Energy and
Commerce of the House of Representatives a report describing the
program.
(2) Requirements.--The report under paragraph (1) shall
include information and data on--
(A) the costs of the projects for which grants are
awarded to eligible entities;
[[Page 135 STAT. 928]]
(B) the types of activities, technologies,
equipment, and hardening measures funded by those
grants; and
(C) the extent to which the ability of the power
grid to withstand disruptive events has increased.
(j) <<NOTE: Time period.>> Authorization of Appropriations.--There
is authorized to be appropriated to the Secretary to carry out the
program $5,000,000,000 for the period of fiscal years 2022 through 2026.
SEC. 40102. HAZARD MITIGATION USING DISASTER ASSISTANCE.
Section 404(f)(12) of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5170c(f)(12)) is amended--
(1) by inserting ``and wildfire'' after ``windstorm'';
(2) by striking ``including replacing'' and inserting the
following: ``including--
``(A) replacing'';
(3) in subparagraph (A) (as so designated)--
(A) by inserting ``, wildfire,'' after ``extreme
wind''; and
(B) by adding ``and'' after the semicolon at the
end; and
(4) by adding at the end the following:
``(B) the installation of fire-resistant wires and
infrastructure and the undergrounding of wires;''.
SEC. 40103. <<NOTE: 42 USC 18712.>> ELECTRIC GRID RELIABILITY AND
RESILIENCE RESEARCH, DEVELOPMENT, AND
DEMONSTRATION.
(a) Definition of Federal Financial Assistance.--In this section,
the term ``Federal financial assistance'' has the meaning given the term
in section 200.1 of title 2, Code of Federal Regulations.
(b) Energy Infrastructure Federal Financial Assistance Program.--
(1) Definitions.--In this subsection:
(A) Eligible entity.--The term ``eligible entity''
means each of--
(i) a State;
(ii) a combination of 2 or more States;
(iii) an Indian Tribe;
(iv) a unit of local government; and
(v) a public utility commission.
(B) Program.--The term ``program'' means the
competitive Federal financial assistance program
established under paragraph (2).
(2) Establishment.--Not later than 180 days after the date
of enactment of this Act, the Secretary shall establish a
program, to be known as the ``Program Upgrading Our Electric
Grid and Ensuring Reliability and Resiliency'', to provide, on a
competitive basis, Federal financial assistance to eligible
entities to carry out the purpose described in paragraph (3).
(3) Purpose.--The purpose of the program is to coordinate
and collaborate with electric sector owners and operators--
(A) to demonstrate innovative approaches to
transmission, storage, and distribution infrastructure
to harden and enhance resilience and reliability; and
(B) to demonstrate new approaches to enhance
regional grid resilience, implemented through States by
public and rural electric cooperative entities on a
cost-shared basis.
(4) Applications.--To be eligible to receive Federal
financial assistance under the program, an eligible entity shall
[[Page 135 STAT. 929]]
submit to the Secretary an application at such time, in such
manner, and containing such information as the Secretary may
require, including a description of--
(A) how the Federal financial assistance would be
used;
(B) the expected beneficiaries, and
(C) in the case of a proposal from an eligible
entity described in paragraph (1)(A)(ii), how the
proposal would improve regional energy infrastructure.
(5) Selection.--The Secretary shall select eligible entities
to receive Federal financial assistance under the program on a
competitive basis.
(6) Cost share.--Section 988 of the Energy Policy Act of
2005 (42 U.S.C. 16352) shall apply to Federal financial
assistance provided under the program.
(7) <<NOTE: Time period.>> Authorization of
appropriations.--There is authorized to be appropriated to the
Secretary to carry out this subsection, $5,000,000,000 for the
period of fiscal years 2022 through 2026.
(c) Energy Improvement in Rural or Remote Areas.--
(1) Definition of rural or remote area.--In this subsection,
the term ``rural or remote area'' means a city, town, or
unincorporated area that has a population of not more than
10,000 inhabitants.
(2) Required activities.--The Secretary shall carry out
activities to improve in rural or remote areas of the United
States--
(A) the resilience, safety, reliability, and
availability of energy; and
(B) environmental protection from adverse impacts of
energy generation.
(3) Federal financial assistance.--The Secretary, in
consultation with the Secretary of the Interior, may provide
Federal financial assistance to rural or remote areas for the
purpose of--
(A) overall cost-effectiveness of energy generation,
transmission, or distribution systems;
(B) siting or upgrading transmission and
distribution lines;
(C) reducing greenhouse gas emissions from energy
generation by rural or remote areas;
(D) providing or modernizing electric generation
facilities;
(E) developing microgrids; and
(F) increasing energy efficiency.
(4) <<NOTE: Time period.>> Authorization of
appropriations.--There is authorized to be appropriated to the
Secretary to carry out this subsection, $1,000,000,000 for the
period of fiscal years 2022 through 2026.
(d) Energy Infrastructure Resilience Framework.--
(1) In general.--The Secretary, in collaboration with the
Secretary of Homeland Security, the Federal Energy Regulatory
Commission, the North American Electric Reliability Corporation,
and interested energy infrastructure stakeholders, shall develop
common analytical frameworks, tools, metrics, and data to assess
the resilience, reliability, safety, and security of energy
infrastructure in the United States, including by developing
[[Page 135 STAT. 930]]
and storing an inventory of easily transported high-voltage
recovery transformers and other required equipment.
(2) Assessment and report.--
(A) Assessment.--The Secretary shall carry out an
assessment of--
(i) with respect to the inventory of high-
voltage recovery transformers, new transformers,
and other equipment proposed to be developed and
stored under paragraph (1)--
(I) the policies, technical
specifications, and logistical and
program structures necessary to mitigate
the risks associated with the loss of
high-voltage recovery transformers;
(II) the technical specifications
for high-voltage recovery transformers;
(III) where inventory of high-
voltage recovery transformers should be
stored;
(IV) the quantity of high-voltage
recovery transformers necessary for the
inventory;
(V) how the stored inventory of
high-voltage recovery transformers would
be secured and maintained;
(VI) how the high-voltage recovery
transformers may be transported;
(VII) opportunities for developing
new flexible advanced transformer
designs; and
(VIII) whether new Federal
regulations or cost-sharing requirements
are necessary to carry out the storage
of high-voltage recovery transformers;
and
(ii) any efforts carried out by industry as of
the date of the assessment--
(I) to share transformers and
equipment;
(II) to develop plans for next
generation transformers; and
(III) to plan for surge and long-
term manufacturing of, and long-term
standardization of, transformer designs.
(B) Protection of information.--Information that is
provided to, generated by, or collected by the Secretary
under subparagraph (A) shall be considered to be
critical electric infrastructure information under
section 215A of the Federal Power Act (16 U.S.C. 824o-
1).
(C) Report.--Not later than 180 days after the date
of enactment of this Act, the Secretary shall submit to
Congress a report describing the results of the
assessment carried out under subparagraph (A).
SEC. 40104. UTILITY DEMAND RESPONSE.
(a) Consideration of Demand-Response Standard.--
(1) In general.--Section 111(d) of the Public Utility
Regulatory Policies Act of 1978 (16 U.S.C. 2621(d)) is amended
by adding at the end the following:
``(20) Demand-response practices.--
``(A) In general.--Each electric utility shall
promote the use of demand-response and demand
flexibility practices by commercial, residential, and
industrial consumers
[[Page 135 STAT. 931]]
to reduce electricity consumption during periods of
unusually high demand.
``(B) Rate recovery.--
``(i) In general.--Each State regulatory
authority shall consider establishing rate
mechanisms allowing an electric utility with
respect to which the State regulatory authority
has ratemaking authority to timely recover the
costs of promoting demand-response and demand
flexibility practices in accordance with
subparagraph (A).
``(ii) Nonregulated electric utilities.--A
nonregulated electric utility may establish rate
mechanisms for the timely recovery of the costs of
promoting demand-response and demand flexibility
practices in accordance with subparagraph (A).''.
(2) Compliance.--
(A) Time limitations.--Section 112(b) of the Public
Utility Regulatory Policies Act of 1978 (16 U.S.C.
2622(b)) is amended by adding at the end the following:
``(7)(A) <<NOTE: Deadline.>> Not later than 1 year after
the date of enactment of this paragraph, each State regulatory
authority (with respect to each electric utility for which the
State has ratemaking authority) and each nonregulated electric
utility shall commence consideration under section 111, or set a
hearing date for consideration, with respect to the standard
established by paragraph (20) of section 111(d).
``(B) <<NOTE: Deadline.>> Not later than 2 years after the
date of enactment of this paragraph, each State regulatory
authority (with respect to each electric utility for which the
State has ratemaking authority), and each nonregulated electric
utility shall complete the consideration and make the
determination under section 111 with respect to the standard
established by paragraph (20) of section 111(d).''.
(B) Failure to comply.--
(i) In general.--Section 112(c) of the Public
Utility Regulatory Policies Act of 1978 (16 U.S.C.
2622(c)) is amended--
(I) by striking ``such paragraph
(14)'' and all that follows through
``paragraphs (16)'' and inserting ``such
paragraph (14). In the case of the
standard established by paragraph (15)
of section 111(d), the reference
contained in this subsection to the date
of enactment of this Act shall be deemed
to be a reference to the date of
enactment of that paragraph (15). In the
case of the standards established by
paragraphs (16)''; and
(II) by adding at the end the
following: ``In the case of the standard
established by paragraph (20) of section
111(d), the reference contained in this
subsection to the date of enactment of
this Act shall be deemed to be a
reference to the date of enactment of
that paragraph (20).''.
(ii) Technical correction.--Paragraph (2) of
section 1254(b) of the Energy Policy Act of 2005
(Public Law 109-58; 119 Stat. 971) <<NOTE: 16 USC
2622 and note.>> is repealed and the amendment
made by that paragraph (as in effect on the day
before the date of enactment of this Act) is void,
[[Page 135 STAT. 932]]
and section 112(d) of the Public Utility
Regulatory Policies Act of 1978 (16 U.S.C.
2622(d)) shall be in effect as if that amendment
had not been enacted.
(C) Prior state actions.--
(i) In general.--Section 112 of the Public
Utility Regulatory Policies Act of 1978 (16 U.S.C.
2622) is amended by adding at the end the
following:
``(g) Prior State Actions.--Subsections (b) and (c) shall not apply
to the standard established by paragraph (20) of section 111(d) in the
case of any electric utility in a State if, before the date of enactment
of this subsection--
``(1) the State has implemented for the electric utility the
standard (or a comparable standard);
``(2) the State regulatory authority for the State or the
relevant nonregulated electric utility has conducted a
proceeding to consider implementation of the standard (or a
comparable standard) for the electric utility; or
``(3) the State legislature has voted on the implementation
of the standard (or a comparable standard) for the electric
utility.''.
(ii) Cross-reference.--Section 124 of the
Public Utility Regulatory Policies Act of 1978 (16
U.S.C. 2634) is amended--
(I) by striking ``this subsection''
each place it appears and inserting
``this section''; and
(II) by adding at the end the
following: ``In the case of the standard
established by paragraph (20) of section
111(d), the reference contained in this
section to the date of enactment of this
Act shall be deemed to be a reference to
the date of enactment of that paragraph
(20).''.
(b) Optional Features of State Energy Conservation Plans.--Section
362(d) of the Energy Policy and Conservation Act (42 U.S.C. 6322(d)) is
amended--
(1) in paragraph (16), by striking ``and'' at the end;
(2) by redesignating paragraph (17) as paragraph (18); and
(3) by inserting after paragraph (16) the following:
``(17) programs that promote the installation and use of
demand-response technology and demand-response practices; and''.
(c) Federal Energy Management Program.--Section 543(i) of the
National Energy Conservation Policy Act (42 U.S.C. 8253(i)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (A), by striking ``and'' at the
end;
(B) in subparagraph (B), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following:
``(C) to reduce energy consumption during periods of
unusually high electricity or natural gas demand.''; and
(2) in paragraph (3)(A)--
(A) in clause (v), by striking ``and'' at the end;
(B) in clause (vi), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
[[Page 135 STAT. 933]]
``(vii) promote the installation of demand-
response technology and the use of demand-response
practices in Federal buildings.''.
(d) Components of Zero-Net-Energy Commercial Buildings Initiative.--
Section 422(d)(3) of the Energy Independence and Security Act of 2007
(42 U.S.C. 17082(d)) is amended by inserting ``(including demand-
response technologies, practices, and policies)'' after ``policies''.
SEC. 40105. SITING OF INTERSTATE ELECTRIC TRANSMISSION FACILITIES.
(a) Designation of National Interest Electric Transmission
Corridors.--Section 216(a) of the Federal Power Act (16 U.S.C. 824p(a))
is amended--
(1) in paragraph (1)--
(A) by inserting ``and Indian Tribes'' after
``affected States''; and
(B) by inserting ``capacity constraints and'' before
``congestion'';
(2) in paragraph (2)--
(A) by striking ``After'' and inserting ``Not less
frequently than once every 3 years, the Secretary,
after''; and
(B) by striking ``affected States'' and all that
follows through the period at the end and inserting the
following: ``affected States and Indian Tribes), shall
issue a report, based on the study under paragraph (1)
or other information relating to electric transmission
capacity constraints and congestion, which may designate
as a national interest electric transmission corridor
any geographic area that--
``(i) is experiencing electric energy
transmission capacity constraints or congestion
that adversely affects consumers; or
``(ii) is expected to experience such energy
transmission capacity constraints or
congestion.'';
(3) in paragraph (3)--
(A) by striking ``The Secretary shall conduct the
study and issue the report in consultation'' and
inserting ``Not less frequently than once every 3 years,
the Secretary, in conducting the study under paragraph
(1) and issuing the report under paragraph (2), shall
consult''; and
(4) in paragraph (4)--
(A) in subparagraph (C), by inserting ``or energy
security'' after ``independence'';
(B) in subparagraph (D), by striking ``and'' at the
end;
(C) in subparagraph (E), by striking the period at
the end and inserting a semicolon; and
(D) by adding at the end the following:
``(F) the designation would enhance the ability of
facilities that generate or transmit firm or intermittent energy
to connect to the electric grid;
``(G) the designation--
``(i) maximizes existing rights-of-way; and
``(ii) avoids and minimizes, to the maximum extent
practicable, and offsets to the extent appropriate and
practicable, sensitive environmental areas and cultural
heritage sites; and
[[Page 135 STAT. 934]]
``(H) the designation would result in a reduction in the
cost to purchase electric energy for consumers.''.
(b) Construction Permit.--Section 216(b) of the Federal Power Act
(16 U.S.C. 824p(b)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (A)(ii), by inserting ``or
interregional benefits'' after ``interstate benefits'';
and
(B) by striking subparagraph (C) and inserting the
following:
``(C) a State commission or other entity that has authority
to approve the siting of the facilities--
``(i) has not made a determination on an application
seeking approval pursuant to applicable law by the date
that is 1 year after the later of--
``(I) the date on which the application was
filed; and
``(II) the date on which the relevant national
interest electric transmission corridor was
designated by the Secretary under subsection (a);
``(ii) has conditioned its approval in such a manner
that the proposed construction or modification will not
significantly reduce transmission capacity constraints
or congestion in interstate commerce or is not
economically feasible; or
``(iii) has denied an application seeking approval
pursuant to applicable law;''.
(c) Rights-of-Way.--Section 216(e)(1) of the Federal Power Act (16
U.S.C. 824p(e)(1)) is amended by striking ``modify the transmission
facilities, the'' and inserting ``modify, and operate and maintain, the
transmission facilities and, in the determination of the Commission, the
permit holder has made good faith efforts to engage with landowners and
other stakeholders early in the applicable permitting process, the''.
(d) Interstate Compacts.--Section 216(i) of the Federal Power Act
(16 U.S.C. 824p(i)) is amended--
(1) in paragraph (2), by striking ``may'' and inserting
``shall''; and
(2) in paragraph (4), by striking ``the members'' and all
that follows through the period at the end and inserting the
following: ``the Secretary determines that the members of the
compact are in disagreement after the later of--
``(A) the date that is 1 year after the date on
which the relevant application for the facility was
filed; and
``(B) the date that is 1 year after the date on
which the relevant national interest electric
transmission corridor was designated by the Secretary
under subsection (a).''.
SEC. 40106. <<NOTE: 42 USC 18713.>> TRANSMISSION FACILITATION
PROGRAM.
(a) Definitions.--In this section:
(1) Capacity contract.--The term ``capacity contract'' means
a contract entered into by the Secretary and an eligible entity
under subsection (e)(1)(A) for the right to the use of the
transmission capacity of an eligible project.
(2) Eligible electric power transmission line.--The term
``eligible electric power transmission line'' means an electric
power transmission line that is capable of transmitting not less
than--
[[Page 135 STAT. 935]]
(A) 1,000 megawatts; or
(B) in the case of a project that consists of
upgrading an existing transmission line or constructing
a new transmission line in an existing transmission,
transportation, or telecommunications infrastructure
corridor, 500 megawatts.
(3) Eligible entity.--The term ``eligible entity'' means an
entity seeking to carry out an eligible project.
(4) Eligible project.--The term ``eligible project'' means a
project (including any related facility)--
(A) to construct a new or replace an existing
eligible electric power transmission line;
(B) to increase the transmission capacity of an
existing eligible electric power transmission line; or
(C) to connect an isolated microgrid to an existing
transmission, transportation, or telecommunications
infrastructure corridor located in Alaska, Hawaii, or a
territory of the United States.
(5) Fund.--The term ``Fund'' means the Transmission
Facilitation Fund established by subsection (d)(1).
(6) Program.--The term ``program'' means the Transmission
Facilitation Program established by subsection (b).
(7) Related facility.--
(A) In general.--The term ``related facility'' means
a facility related to an eligible project described in
paragraph (4).
(B) Exclusions.--The term ``related facility'' does
not include--
(i) facilities used primarily to generate
electric energy; or
(ii) facilities used in the local distribution
of electric energy.
(b) Establishment.--There is established a program, to be known as
the ``Transmission Facilitation Program'', under which the Secretary
shall facilitate the construction of electric power transmission lines
and related facilities in accordance with subsection (e).
(c) Applications.--
(1) In general.--To be eligible for assistance under this
section, an eligible entity shall submit to the Secretary an
application at such time, in such manner, and containing such
information as the Secretary may require.
(2) Procedures.--The Secretary shall establish procedures
for the solicitation and review of applications from eligible
entities.
(d) Funding.--
(1) Transmission facilitation fund.--There is established in
the Treasury a fund, to be known as the ``Transmission
Facilitation Fund'', consisting of--
(A) all amounts received by the Secretary, including
receipts, collections, and recoveries, from any source
relating to expenses incurred by the Secretary in
carrying out the program, including--
(i) costs recovered pursuant to paragraph (4);
(ii) amounts received as repayment of a loan
issued to an eligible entity under subsection
(e)(1)(B); and
[[Page 135 STAT. 936]]
(iii) amounts contributed by eligible entities
for the purpose of carrying out an eligible
project with respect to which the Secretary is
participating with the eligible entity under
subsection (e)(1)(C);
(B) all amounts borrowed from the Secretary of the
Treasury by the Secretary for the program under
paragraph (2); and
(C) any amounts appropriated to the Secretary for
the program.
(2) Borrowing authority.--The Secretary of the Treasury may,
without further appropriation and without fiscal year
limitation, loan to the Secretary on such terms as may be fixed
by the Secretary and the Secretary of the Treasury, such sums
as, in the judgment of the Secretary, are from time to time
required for the purpose of carrying out the program, not to
exceed, in the aggregate (including deferred interest),
$2,500,000,000 in outstanding repayable balances at any 1 time.
(3) <<NOTE: Time period.>> Authorization of
appropriations.--There is authorized to be appropriated to the
Secretary to carry out the program, including for any
administrative expenses of carrying out the program that are not
recovered under paragraph (4), $10,000,000 for each of fiscal
years 2022 through 2026.
(4) Cost recovery.--
(A) In general.--Except as provided in subparagraph
(B), the cost of any facilitation activities carried out
by the Secretary under subsection (e)(1) shall be
collected--
(i) from eligible entities receiving the
benefit of the applicable facilitation activity,
on a schedule to be determined by the Secretary;
or
(ii) with respect to a contracted transmission
capacity under subsection (e)(1)(A) through rates
charged for the use of the contracted transmission
capacity.
(B) Forgiveness of balances.--
(i) Termination or end of useful life.--If, at
the end of the useful life of an eligible project
or the termination of a capacity contract under
subsection (f)(5), there is a remaining balance
owed to the Treasury under this section, the
balance shall be forgiven.
(ii) Unconstructed projects.--Funds expended
to study projects that are considered pursuant to
this section but that are not constructed shall be
forgiven.
(C) Recovery of costs of eligible projects.--The
Secretary may collect the costs of any activities
carried out by the Secretary with respect to an eligible
project in which the Secretary participates with an
eligible entity under subsection (e)(1)(C) through rates
charged to customers benefitting from the new
transmission capability provided by the eligible
project.
(e) Facilitation of Eligible Projects.--
(1) In general.--To facilitate eligible projects, the
Secretary may--
(A) subject to subsections (f) and (i), enter into a
capacity contract with respect to an eligible project
prior to the date on which the eligible project is
completed;
[[Page 135 STAT. 937]]
(B) subject to subsections (g) and (i), issue a loan
to an eligible entity for the costs of carrying out an
eligible project; or
(C) subject to subsections (h) and (i), participate
with an eligible entity in designing, developing,
constructing, operating, maintaining, or owning an
eligible project.
(2) Requirement.--The provision and receipt of assistance
for an eligible project under paragraph (1) shall be subject to
such terms and conditions as the Secretary determines to be
appropriate--
(A) to ensure the success of the program; and
(B) to protect the interests of the United States.
(f) Capacity Contracts.--
(1) Purpose.--In entering into capacity contracts under
subsection (e)(1)(A), the Secretary shall seek to enter into
capacity contracts that will encourage other entities to enter
into contracts for the transmission capacity of the eligible
project.
(2) Payment.--The amount paid by the Secretary to an
eligible entity under a capacity contract for the right to the
use of the transmission capacity of an eligible project shall
be--
(A) the fair market value for the use of the
transmission capacity, as determined by the Secretary,
taking into account, as the Secretary determines to be
necessary, the comparable value for the use of the
transmission capacity of other electric power
transmission lines; and
(B) on a schedule and in such divided amounts, which
may be a single amount, that the Secretary determines
are likely to facilitate construction of the eligible
project, taking into account standard industry practice
and factors specific to each applicant, including, as
applicable--
(i) potential review by a State regulatory
entity of the revenue requirement of an electric
utility; and
(ii) the financial model of an independent
transmission developer.
(3) Limitations.--A capacity contract shall--
(A) be for a term of not more than 40 years; and
(B) be for not more than 50 percent of the total
proposed transmission capacity of the applicable
eligible project.
(4) Transmission marketing.--
(A) In general.--If the Secretary has not terminated
a capacity contract under paragraph (5) before the
applicable eligible project enters into service, the
Secretary may enter into 1 or more contracts with a
third party to market the transmission capacity of the
eligible project to which the Secretary holds rights
under the capacity contract.
(B) Return.--Subject to subparagraph (D), the
Secretary shall seek to ensure that any contract entered
into under subparagraph (A) maximizes the financial
return to the Federal Government.
(C) Competitive solicitation.--The Secretary shall
only select third parties for contracts under this
paragraph through a competitive solicitation.
[[Page 135 STAT. 938]]
(D) Requirement.--The marketing of capacity pursuant
to this subsection, including any marketing by a third
party under subparagraph (A), shall be undertaken
consistent with the requirements of the Federal Power
Act (16 U.S.C. 791a et seq.).
(5) Termination.--
(A) In general.--The Secretary shall seek to
terminate a capacity contract as soon as practicable
after determining that sufficient transmission capacity
of the eligible project has been secured by other
entities to ensure the long-term financial viability of
the eligible project, including through 1 or more
transfers under subparagraph (B).
(B) Transfer.--On payment to the Secretary by a
third party for transmission capacity to which the
Secretary has rights under a capacity contract, the
Secretary may transfer the rights to that transmission
capacity to that third party.
(C) Relinquishment.--On payment to the Secretary by
the applicable eligible entity for transmission capacity
to which the Secretary has rights under a capacity
contract, the Secretary may relinquish the rights to
that transmission capacity to the eligible entity.
(D) Requirement.--A payment under subparagraph (B)
or (C) shall be in an amount sufficient for the
Secretary to recover any remaining costs incurred by the
Secretary with respect to the quantity of transmission
capacity affected by the transfer under subparagraph (B)
or the relinquishment under subparagraph (C), as
applicable.
(6) Other federal capacity positions.--The existence of a
capacity contract does not preclude a Federal entity, including
a Federal power marketing administration, from otherwise
securing transmission capacity at any time from an eligible
project, to the extent that the Federal entity is authorized to
secure that transmission capacity.
(7) Form of financial assistance.--Entering into a capacity
contract under subsection (e)(1)(A) shall be considered a form
of financial assistance described in section 1508.1(q)(1)(vii)
of title 40, Code of Federal Regulations (as in effect on the
date of enactment of this Act).
(8) Transmission planning region consultation.--Prior to
entering into a capacity contract under this subsection, the
Secretary shall consult with the relevant transmission planning
region regarding the transmission planning region's
identification of needs, and the Secretary shall minimize, to
the extent possible, duplication or conflict with the
transmission planning region's needs determination and selection
of projects that meet such needs.
(g) Interest Rate on Loans.--The rate of interest to be charged in
connection with any loan made by the Secretary to an eligible entity
under subsection (e)(1)(B) shall be fixed by the Secretary, taking into
consideration market yields on outstanding marketable obligations of the
United States of comparable maturities as of the date of the loan.
(h) <<NOTE: Determination.>> Public-private Partnerships.--The
Secretary may participate with an eligible entity with respect to an
eligible project under subsection (e)(1)(C) if the Secretary determines
that the eligible project--
[[Page 135 STAT. 939]]
(1)(A) is located in an area designated as a national
interest electric transmission corridor pursuant to section
216(a) of the Federal Power Act 16 U.S.C. 824p(a); or
(B) is necessary to accommodate an actual or projected
increase in demand for electric transmission capacity across
more than 1 State or transmission planning region;
(2) is consistent with efficient and reliable operation of
the transmission grid;
(3) will be operated in conformance with prudent utility
practices;
(4) will be operated in conformance with the rules of--
(A) a Transmission Organization (as defined in
section 3 of the Federal Power Act (16 U.S.C. 796)), if
applicable; or
(B) a regional reliability organization; and
(5) is not duplicative of the functions of existing
transmission facilities that are the subject of ongoing siting
and related permitting proceedings.
(i) Certification.--Prior to taking action to facilitate an eligible
project under subparagraph (A), (B), or (C) of subsection (e)(1), the
Secretary shall certify that--
(1) the eligible project is in the public interest;
(2) the eligible project is unlikely to be constructed in as
timely a manner or with as much transmission capacity in the
absence of facilitation under this section, including with
respect to an eligible project for which a Federal investment
tax credit may be allowed; and
(3) it is reasonable to expect that the proceeds from the
eligible project will be adequate, as applicable--
(A) to recover the cost of a capacity contract
entered into under subsection (e)(1)(A);
(B) to repay a loan provided under subsection
(e)(1)(B); or
(C) to repay any amounts borrowed from the Secretary
of the Treasury under subsection (d)(2).
(j) Other Authorities, Limitations, and Effects.--
(1) Participation.--The Secretary may permit other entities
to participate in the financing, construction, and ownership of
eligible projects facilitated under this section.
(2) Operations and maintenance.--Facilitation by the
Secretary of an eligible project under this section does not
create any obligation on the part of the Secretary to operate or
maintain the eligible project.
(3) Federal facilities.--For purposes of cost recovery under
subsection (d)(4) and repayment of a loan issued under
subsection (e)(1)(B), each eligible project facilitated by the
Secretary under this section shall be treated as separate and
distinct from--
(A) each other eligible project; and
(B) all other Federal power and transmission
facilities.
(4) Effect on ancillary services authority and
obligations.--Nothing in this section confers on the Secretary
or any Federal power marketing administration any additional
authority or obligation to provide ancillary services to users
of transmission facilities constructed or upgraded under this
section.
[[Page 135 STAT. 940]]
(5) Effect on western area power administration projects.--
Nothing in this section affects--
(A) any pending project application before the
Western Area Power Administration under section 301 of
the Hoover Power Plant Act of 1984 (42 U.S.C. 16421a);
or
(B) any agreement entered into by the Western Power
Administration under that section.
(6) Third-party finance.--Nothing in this section precludes
an eligible project facilitated under this section from being
eligible as a project under section 1222 of the Energy Policy
Act of 2005 (42 U.S.C. 16421).
(7) Limitation on loans.--An eligible project may not be the
subject of both--
(A) a loan under subsection (e)(1)(B); and
(B) a Federal loan under section 301 of the Hoover
Power Plant Act of 1984 (42 U.S.C. 16421a).
(8) Considerations.--In evaluating eligible projects for
possible facilitation under this section, the Secretary shall
prioritize projects that, to the maximum extent practicable--
(A) use technology that enhances the capacity,
efficiency, resiliency, or reliability of an electric
power transmission system, including--
(i) reconductoring of an existing electric
power transmission line with advanced conductors;
and
(ii) hardware or software that enables dynamic
line ratings, advanced power flow control, or grid
topology optimization;
(B) will improve the resiliency and reliability of
an electric power transmission system;
(C) facilitate interregional transfer capacity that
supports strong and equitable economic growth; and
(D) contribute to national or subnational goals to
lower electricity sector greenhouse gas emissions.
SEC. 40107. DEPLOYMENT OF TECHNOLOGIES TO ENHANCE GRID
FLEXIBILITY.
(a) In General.--Section 1306 of the Energy Independence and
Security Act of 2007 (42 U.S.C. 17386) is amended--
(1) in subsection (b)--
(A) in the matter preceding paragraph (1), by
striking ``the date of enactment of this Act'' and
inserting ``the date of enactment of the Infrastructure
Investment and Jobs Act'';
(B) by redesignating paragraph (9) as paragraph
(14); and
(C) by inserting after paragraph (8) the following:
``(9) In the case of data analytics that enable software to
engage in Smart Grid functions, the documented purchase costs of
the data analytics.
``(10) In the case of buildings, the documented expenses for
devices and software, including for installation, that allow
buildings to engage in demand flexibility or Smart Grid
functions.
``(11) In the case of utility communications, operational
fiber and wireless broadband communications networks to enable
data flow between distribution system components.
[[Page 135 STAT. 941]]
``(12) In the case of advanced transmission technologies
such as dynamic line rating, flow control devices, advanced
conductors, network topology optimization, or other hardware,
software, and associated protocols applied to existing
transmission facilities that increase the operational transfer
capacity of a transmission network, the documented expenditures
to purchase and install those advanced transmission
technologies.
``(13) In the case of extreme weather or natural disasters,
the ability to redirect or shut off power to minimize blackouts
and avoid further damage.''; and
(2) in subsection (d)--
(A) by redesignating paragraph (9) as paragraph
(16); and
(B) by inserting after paragraph (8) the following:
``(9) The ability to use data analytics and software-as-
service to provide flexibility by improving the visibility of
the electrical system to grid operators that can help quickly
rebalance the electrical system with autonomous controls.
``(10) The ability to facilitate the aggregation or
integration of distributed energy resources to serve as assets
for the grid.
``(11) The ability to provide energy storage to meet
fluctuating electricity demand, provide voltage support, and
integrate intermittent generation sources, including vehicle-to-
grid technologies.
``(12) The ability of hardware, software, and associated
protocols applied to existing transmission facilities to
increase the operational transfer capacity of a transmission
network.
``(13) The ability to anticipate and mitigate impacts of
extreme weather or natural disasters on grid resiliency.
``(14) The ability to facilitate the integration of
renewable energy resources, electric vehicle charging
infrastructure, and vehicle-to-grid technologies.
``(15) The ability to reliably meet increased demand from
electric vehicles and the electrification of appliances and
other sectors.''.
(b) <<NOTE: Time period.>> Authorization of Appropriations.--There
is authorized to be appropriated to the Secretary to carry out the Smart
Grid Investment Matching Grant Program established under section 1306(a)
of the Energy Independence and Security Act of 2007 (42 U.S.C. 17386(a))
$3,000,000,000 for fiscal year 2022, to remain available through
September 30, 2026.
SEC. 40108. STATE ENERGY SECURITY PLANS.
(a) In General.--Part D of title III of the Energy Policy and
Conservation Act (42 U.S.C. 6321 et seq.) is amended--
(1) <<NOTE: 42 USC 6321.>> in section 361--
(A) by striking the section designation and heading
and all that follows through ``The Congress'' and
inserting the following:
``SEC. 361. FINDINGS; PURPOSE; DEFINITIONS.
``(a) Findings.--Congress'';
(B) in subsection (b), by striking ``(b) It is'' and
inserting the following:
``(b) Purpose.--It is''; and
(C) by adding at the end the following:
``(c) Definitions.--In this part:'';
(2) <<NOTE: 42 USC 6326.>> in section 366--
[[Page 135 STAT. 942]]
(A) in paragraph (3)(B)(i), by striking ``approved
under section 367, and'' ; and inserting ``; and'';
(B) in each of paragraphs (1) through (8), by
inserting a paragraph heading, the text of which is
comprised of the term defined in the paragraph; and
(C) by redesignating paragraphs (6) and (7) as
paragraphs (7) and (6), respectively, and moving the
paragraphs so as to appear in numerical order;
(3) <<NOTE: 42 USC 6321, 6326.>> by moving paragraphs (1)
through (8) of section 366 (as so redesignated) so as to appear
after subsection (c) of section 361 (as designated by paragraph
(1)(C)); and
(4) by amending section 366 to read as follows:
``SEC. 366. STATE ENERGY SECURITY PLANS.
``(a) Definitions.--In this section:
``(1) Bulk-power system.--The term `bulk-power system' has
the meaning given the term in section 215(a) of the Federal
Power Act (16 U.S.C. 824o(a)).
``(2) State energy security plan.--The term `State energy
security plan' means a State energy security plan described in
subsection (b).
``(b) Financial Assistance for State Energy Security Plans.--Federal
financial assistance made available to a State under this part may be
used for the development, implementation, review, and revision of a
State energy security plan that--
``(1) assesses the existing circumstances in the State; and
``(2) proposes methods to strengthen the ability of the
State, in consultation with owners and operators of energy
infrastructure in the State--
``(A) to secure the energy infrastructure of the
State against all physical and cybersecurity threats;
``(B)(i) to mitigate the risk of energy supply
disruptions to the State; and
``(ii) to enhance the response to, and recovery
from, energy disruptions; and
``(C) to ensure that the State has reliable, secure,
and resilient energy infrastructure.
``(c) Contents of Plan.--A State energy security plan shall--
``(1) address all energy sources and regulated and
unregulated energy providers;
``(2) provide a State energy profile, including an
assessment of energy production, transmission, distribution, and
end-use;
``(3) address potential hazards to each energy sector or
system, including--
``(A) physical threats and vulnerabilities; and
``(B) cybersecurity threats and vulnerabilities;
``(4) provide a risk assessment of energy infrastructure and
cross-sector interdependencies;
``(5) provide a risk mitigation approach to enhance
reliability and end-use resilience; and
``(6)(A) address--
``(i) multi-State and regional coordination,
planning, and response; and
``(ii) coordination with Indian Tribes with respect
to planning and response; and
``(B) to the extent practicable, encourage mutual assistance
in cyber and physical response plans.
[[Page 135 STAT. 943]]
``(d) Coordination.--In developing or revising a State energy
security plan, the State energy office of the State shall coordinate, to
the extent practicable, with--
``(1) the public utility or service commission of the State;
``(2) energy providers from the private and public sectors;
and
``(3) other entities responsible for--
``(A) maintaining fuel or electric reliability; and
``(B) securing energy infrastructure.
``(e) <<NOTE: Plans.>> Financial Assistance.--A State is not
eligible to receive Federal financial assistance under this part for any
purpose for a fiscal year unless the Governor of the State submits to
the Secretary, with respect to that fiscal year--
``(1) a State energy security plan that meets the
requirements of subsection (c); or
``(2) <<NOTE: Review.>> after an annual review, carried out
by the Governor, of a State energy security plan--
``(A) any necessary revisions to the State energy
security plan; or
``(B) <<NOTE: Certification.>> a certification that
no revisions to the State energy security plan are
necessary.
``(f) Technical Assistance.--On request of the Governor of a State,
the Secretary, in consultation with the Secretary of Homeland Security,
may provide information, technical assistance, and other assistance in
the development, implementation, or revision of a State energy security
plan.
``(g) Requirement.--Each State receiving Federal financial
assistance under this part shall provide reasonable assurance to the
Secretary that the State has established policies and procedures
designed to assure that the financial assistance will be used--
``(1) to supplement, and not to supplant, State and local
funds; and
``(2) to the maximum extent practicable, to increase the
amount of State and local funds that otherwise would be
available, in the absence of the Federal financial assistance,
for the implementation of a State energy security plan.
``(h) Protection of Information.--Information provided to, or
collected by, the Federal Government pursuant to this section the
disclosure of which the Secretary reasonably foresees could be
detrimental to the physical security or cybersecurity of any electric
utility or the bulk-power system--
``(1) shall be exempt from disclosure under section
552(b)(3) of title 5, United States Code; and
``(2) shall not be made available by any Federal agency,
State, political subdivision of a State, or Tribal authority
pursuant to any Federal, State, political subdivision of a
State, or Tribal law, respectively, requiring public disclosure
of information or records.
``(i) Sunset.--The requirements of this section shall expire on
October 31, 2025.''.
(b) Clerical Amendments.--The table of contents of the Energy Policy
and Conservation Act (Public Law 94-163; 89 Stat. 872) is amended--
(1) by striking the item relating to section 361 and
inserting the following:
``Sec. 361. Findings; purpose; definitions.''; and
[[Page 135 STAT. 944]]
(2) by striking the item relating to section 366 and
inserting the following:
``Sec. 366. State energy security plans.''.
(c) Conforming Amendments.--
(1) Section 509(i)(3) of the Housing and Urban Development
Act of 1970 (12 U.S.C. 1701z-8(i)(3)) is amended by striking
``prescribed for such terms in section 366 of the Energy Policy
and Conservation Act'' and inserting ``given the terms in
section 361(c) of the Energy Policy and Conservation Act''.
(2) Section 363 of the Energy Policy and Conservation Act
(42 U.S.C. 6323) is amended--
(A) by striking subsection (e); and
(B) by redesignating subsection (f) as subsection
(e).
(3) Section 451(i)(3) of the Energy Conservation and
Production Act (42 U.S.C. 6881(i)(3)) is amended by striking
``prescribed for such terms in section 366 of the Federal Energy
Policy and Conservation Act'' and inserting ``given the terms in
section 361(c) of the Energy Policy and Conservation Act''.
SEC. 40109. STATE ENERGY PROGRAM.
(a) Collaborative Transmission Siting.--Section 362(c) of the Energy
Policy and Conservation Act (42 U.S.C. 6322(c)) is amended--
(1) in paragraph (5), by striking ``and'' at the end;
(2) in paragraph (6), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(7) the mandatory conduct of activities to support
transmission and distribution planning, including--
``(A) support for local governments and Indian
Tribes;
``(B) feasibility studies for transmission line
routes and alternatives;
``(C) preparation of necessary project design and
permits; and
``(D) outreach to affected stakeholders.''.
(b) State Energy Conservation Plans.--Section 362(d) of the Energy
Policy and Conservation Act (42 U.S.C. 6322(d)) is amended by striking
paragraph (3) and inserting the following:
``(3) programs to increase transportation energy efficiency,
including programs to help reduce carbon emissions in the
transportation sector by 2050 and accelerate the use of
alternative transportation fuels for, and the electrification
of, State government vehicles, fleet vehicles, taxis and
ridesharing services, mass transit, school buses, ferries, and
privately owned passenger and medium- and heavy-duty
vehicles;''.
(c) Authorization of Appropriations for State Energy Program.--
Section 365 of the Energy Policy and Conservation Act (42 U.S.C. 6325)
is amended by striking subsection (f) and inserting the following:
``(f) Authorization of Appropriations.--
``(1) <<NOTE: Time period.>> In general.--There is
authorized to be appropriated to carry out this part
$500,000,000 for the period of fiscal years 2022 through 2026.
``(2) Distribution.--Amounts made available under paragraph
(1)--
[[Page 135 STAT. 945]]
``(A) shall be distributed to the States in
accordance with the applicable distribution formula in
effect on January 1, 2021; and
``(B) shall not be subject to the matching
requirement described in the first proviso of the matter
under the heading `energy conservation' under the
heading `DEPARTMENT OF ENERGY' in title II of the
Department of the Interior and Related Agencies
Appropriations Act, 1985 (42 U.S.C. 6323a).''.
SEC. 40110. <<NOTE: 16 USC 838m.>> POWER MARKETING ADMINISTRATION
TRANSMISSION BORROWING AUTHORITY.
(a) Borrowing Authority.--
(1) In general.--Subject to paragraph (2), for the purposes
of providing funds to assist in the financing of the
construction, acquisition, and replacement of the Federal
Columbia River Power System and to implement the authority of
the Administrator of the Bonneville Power Administration
(referred to in this section as the ``Administrator'') under the
Pacific Northwest Electric Power Planning and Conservation Act
(16 U.S.C. 839 et seq.), an additional $10,000,000,000 in
borrowing authority is made available under the Federal Columbia
River Transmission System Act (16 U.S.C. 838 et seq.), to remain
outstanding at any 1 time.
(2) Limitation.--The obligation of additional borrowing
authority under paragraph (1) shall not exceed $6,000,000,000 by
fiscal year 2028.
(b) Financial Plan.--
(1) In general.--The Administrator shall issue an updated
financial plan by the end of fiscal year 2022.
(2) Requirement.--As part of the process of issuing an
updated financial plan under paragraph (1), the Administrator
shall--
(A) consistent with asset management planning and
sound business principles, consider projected and
planned use and allocation of the borrowing authority of
the Administrator across the mission responsibilities of
the Bonneville Power Administration; and
(B) before issuing the final updated financial
plan--
(i) engage, in a manner determined by the
Administrator, with customers with respect to a
draft of the updated plan; and
(ii) consider as a relevant factor any
recommendations from customers regarding
prioritization of asset investments.
(c) Stakeholder Engagement.--The Administrator shall--
(1) engage, in a manner determined by the Administrator,
with customers and stakeholders with respect to the financial
and cost management efforts of the Administrator through
periodic program reviews; and
(2) to the maximum extent practicable, implement those
policies that would be expected to be consistent with the lowest
possible power and transmission rates consistent with sound
business principles.
(d) Repayment.--Any additional Treasury borrowing authority received
under this section shall be fully repaid to the Treasury
[[Page 135 STAT. 946]]
in a manner consistent with the applicable self-financed Federal budget
accounts.
SEC. 40111. STUDY OF CODES AND STANDARDS FOR USE OF ENERGY STORAGE
SYSTEMS ACROSS SECTORS.
(a) In General.--The Secretary shall conduct a study of types and
commercial applications of codes and standards applied to--
(1) stationary energy storage systems;
(2) mobile energy storage systems; and
(3) energy storage systems that move between stationary and
mobile applications, such as electric vehicle batteries or
batteries repurposed for new applications.
(b) Purposes.--The purposes of the study conducted under subsection
(a) shall be--
(1) to identify barriers, foster collaboration, and increase
conformity across sectors relating to--
(A) use of emerging energy storage technologies; and
(B) use cases, such as vehicle-to-grid integration;
(2) to identify all existing codes and standards that apply
to energy storage systems;
(3) to identify codes and standards that require revision or
enhancement;
(4) to enhance the safe implementation of energy storage
systems; and
(5) to receive formal input from stakeholders regarding--
(A) existing codes and standards; and
(B) new or revised codes and standards.
(c) Consultation.--In conducting the study under subsection (a), the
Secretary shall consult with all relevant standards-developing
organizations and other entities with expertise regarding energy storage
system safety.
(d) Report.--Not later than 18 months after the date of enactment of
this Act, the Secretary shall submit to Congress a report describing the
results of the study conducted under subsection (a).
SEC. 40112. DEMONSTRATION OF ELECTRIC VEHICLE BATTERY SECOND-LIFE
APPLICATIONS FOR GRID SERVICES.
Section 3201(c) of the Energy Act of 2020 (42 U.S.C. 17232(c)) is
amended--
(1) in paragraph (1)--
(A) by striking the period at the end and inserting
``; and'';
(B) by striking ``including at'' and inserting the
following: ``including--
``(A) at''; and
(C) by adding at the end the following:
``(B) 1 project to demonstrate second-life
applications of electric vehicle batteries as aggregated
energy storage installations to provide services to the
electric grid, in accordance with paragraph (3).'';
(2) by redesignating paragraphs (3) and (4) as paragraphs
(4) and (5), respectively; and
(3) by inserting after paragraph (2) the following:
``(3) Demonstration of electric vehicle battery second-life
applications for grid services.--
``(A) In general.--The Secretary shall enter into an
agreement to carry out a project to demonstrate second-
[[Page 135 STAT. 947]]
life applications of electric vehicle batteries as
aggregated energy storage installations to provide
services to the electric grid.
``(B) Purposes.--The purposes of the project under
subparagraph (A) shall be--
``(i) to demonstrate power safety and the
reliability of the applications demonstrated under
the program;
``(ii) to demonstrate the ability of electric
vehicle batteries--
``(I) to provide ancillary services
for grid stability and management; and
``(II) to reduce the peak loads of
homes and businesses;
``(iii) to extend the useful life of electric
vehicle batteries and the components of electric
vehicle batteries prior to the collection,
recycling, and reprocessing of the batteries and
components; and
``(iv) to increase acceptance of, and
participation in, the use of second-life
applications of electric vehicle batteries by
utilities.
``(C) Priority.--In selecting a project to carry out
under subparagraph (A), the Secretary shall give
priority to projects in which the demonstration of the
applicable second-life applications is paired with 1 or
more facilities that could particularly benefit from
increased resiliency and lower energy costs, such as a
multi-family affordable housing facility, a senior care
facility, and a community health center.''.
SEC. 40113. <<NOTE: 16 UC 838n.>> COLUMBIA BASIN POWER
MANAGEMENT.
(a) Definitions.--In this section:
(1) Account.--The term ``Account'' means the account
established by subsection (b)(1).
(2) Administrator.--The term ``Administrator'' means the
Administrator of the Bonneville Power Administration.
(3) Canadian entitlement.--The term ``Canadian Entitlement''
means the downstream power benefits that Canada is entitled to
under Article V of the Treaty Relating to Cooperative
Development of the Water Resources of the Columbia River Basin,
signed at Washington January 17, 1961 (15 UST 1555; TIAS 5638).
(b) Transmission Coordination and Expansion.--
(1) Establishment.--There is established in the Treasury an
account for the purposes of making expenditures to increase
bilateral transfers of renewable electric generation between the
western United States and Canada.
(2) Criteria.--
(A) In general.--The Administrator may make
expenditures from the Account for activities to improve
electric power system coordination by constructing
electric power transmission facilities within the
western United States that directly or indirectly
facilitate non-carbon emitting electric power
transactions between the western United States and
Canada.
(B) Application.--Subparagraph (A) shall be
effective after the later of--
(i) September 16, 2024; and
[[Page 135 STAT. 948]]
(ii) the date on which the Canadian
entitlement value calculation is terminated or
reduced to the actual electric power value to the
United States, as determined by the Administrator.
(3) Consultation.--The Administrator shall consult with
relevant electric utilities in Canada and appropriate regional
transmission planning organizations in considering the
construction of transmission activities under this subsection.
(4) Authorization.--There is authorized to be appropriated
to the Account a nonreimburseable amount equal to the aggregated
amount of the Canadian Entitlement during the 5-year period
preceding the date of enactment of this Act.
(c) Increased Hydroelectric Capacity.--
(1) In general.--The Commissioner of Reclamation shall
rehabilitate and enhance the John W. Keys III Pump Generating
Plant--
(A) to replace obsolete equipment;
(B) to maintain reliability and improve efficiency
in system performance and operation;
(C) to create more hydroelectric power capacity in
the Pacific Northwest; and
(D) to ensure the availability of water for
irrigation in the event that Columbia River water flows
from British Columbia into the United States are
insufficient after September 16, 2024.
(2) Authorization of appropriations.--There is authorized to
be appropriated $100,000,000, which shall be nonreimburseable,
to carry out this subsection.
(d) Power Coordination Study.--
(1) In general.--The Administrator shall conduct a study
considering the potential hydroelectric power value to the
Pacific Northwest of increasing the coordination of the
operation of hydroelectric and water storage facilities on
rivers located in the United States and Canada.
(2) Criteria.--The study conducted under paragraph (1) shall
analyze--
(A) projected changes to the Pacific Northwest
electricity supply;
(B) potential reductions in greenhouse gas
emissions;
(C) any potential need to increase transmission
capacity; and
(D) any other factor the Administrator considers to
be relevant for increasing bilateral coordination.
(3) Coordination.--In conducting the study under paragraph
(1), the Administrator shall coordinate, to the extent
practicable, with--
(A) the British Columbia or a crown corporation
owned by British Columbia;
(B) the Assistant Secretary;
(C) the Commissioner of Reclamation; and
(D) any public utility districts that operate
hydroelectric projects on the mainstem of the Columbia
River.
(4) Authorization of appropriations.--There is authorized to
be appropriated $10,000,000, which shall be nonreimburseable, to
carry out this subsection.
[[Page 135 STAT. 949]]
Subtitle B--Cybersecurity
SEC. 40121. <<NOTE: 42 USC 18721.>> ENHANCING GRID SECURITY
THROUGH PUBLIC-PRIVATE PARTNERSHIPS.
(a) Definitions.--In this section:
(1) Bulk-power system; electric reliability organization.--
The terms ``bulk-power system'' and ``Electric Reliability
Organization'' has the meaning given the terms in section 215(a)
of the Federal Power Act (16 U.S.C. 824o(a)).
(2) Electric utility; state regulatory authority.--The terms
``electric utility'' and ``State regulatory authority'' have the
meanings given the terms in section 3 of the Federal Power Act
(16 U.S.C. 796).
(b) Program to Promote and Advance Physical Security and
Cybersecurity of Electric Utilities.--
(1) Establishment.--The Secretary, in coordination with the
Secretary of Homeland Security and in consultation with, as the
Secretary determines to be appropriate, the heads of other
relevant Federal agencies, State regulatory authorities,
industry stakeholders, and the Electric Reliability
Organization, shall carry out a program--
(A) to develop, and provide for voluntary
implementation of, maturity models, self-assessments,
and auditing methods for assessing the physical security
and cybersecurity of electric utilities;
(B) to assist with threat assessment and
cybersecurity training for electric utilities;
(C) to provide technical assistance for electric
utilities subject to the program;
(D) to provide training to electric utilities to
address and mitigate cybersecurity supply chain
management risks;
(E) to advance, in partnership with electric
utilities, the cybersecurity of third-party vendors that
manufacture components of the electric grid;
(F) to increase opportunities for sharing best
practices and data collection within the electric
sector; and
(G) to assist, in the case of electric utilities
that own defense critical electric infrastructure (as
defined in section 215A(a) of the Federal Power Act (16
U.S.C. 824o-1(a))), with full engineering reviews of
critical functions and operations at both the utility
and defense infrastructure levels--
(i) to identify unprotected avenues for cyber-
enabled sabotage that would have catastrophic
effects to national security; and
(ii) to recommend and implement engineering
protections to ensure continued operations of
identified critical functions even in the face of
constant cyber attacks and achieved perimeter
access by sophisticated adversaries.
(2) Scope.--In carrying out the program under paragraph (1),
the Secretary shall--
(A) take into consideration--
(i) the different sizes of electric utilities;
and
(ii) the regions that electric utilities
serve;
(B) prioritize electric utilities with fewer
available resources due to size or region; and
[[Page 135 STAT. 950]]
(C) to the maximum extent practicable, use and
leverage--
(i) existing Department and Department of
Homeland Security programs; and
(ii) existing programs of the Federal agencies
determined to be appropriate under paragraph (1).
(c) <<NOTE: Consultation. Determination.>> Report on Cybersecurity
of Distribution Systems.--Not later than 1 year after the date of
enactment of this Act, the Secretary, in coordination with the Secretary
of Homeland Security and in consultation with, as the Secretary
determines to be appropriate, the heads of other Federal agencies, State
regulatory authorities, and industry stakeholders, shall submit to
Congress a report that assesses--
(1) priorities, policies, procedures, and actions for
enhancing the physical security and cybersecurity of electricity
distribution systems, including behind-the-meter generation,
storage, and load management devices, to address threats to, and
vulnerabilities of, electricity distribution systems; and
(2) the implementation of the priorities, policies,
procedures, and actions assessed under paragraph (1),
including--
(A) an estimate of potential costs and benefits of
the implementation; and
(B) an assessment of any public-private cost-sharing
opportunities.
(d) Protection of Information.--Information provided to, or
collected by, the Federal Government pursuant to this section the
disclosure of which the Secretary reasonably foresees could be
detrimental to the physical security or cybersecurity of any electric
utility or the bulk-power system--
(1) shall be exempt from disclosure under section 552(b)(3)
of title 5, United States Code; and
(2) shall not be made available by any Federal agency,
State, political subdivision of a State, or Tribal authority
pursuant to any Federal, State, political subdivision of a
State, or Tribal law, respectively, requiring public disclosure
of information or records.
SEC. 40122. <<NOTE: 42 USC 18722.>> ENERGY CYBER SENSE PROGRAM.
(a) Definitions.--In this section:
(1) Bulk-power system.--The term ``bulk-power system'' has
the meaning given the term in section 215(a) of the Federal
Power Act (16 U.S.C. 824o(a)).
(2) Program.--The term ``program'' means the voluntary
Energy Cyber Sense program established under subsection (b).
(b) <<NOTE: Consultation.>> Establishment.--The Secretary, in
coordination with the Secretary of Homeland Security and in consultation
with the heads of other relevant Federal agencies, shall establish a
voluntary Energy Cyber Sense program to test the cybersecurity of
products and technologies intended for use in the energy sector,
including in the bulk-power system.
(c) Program Requirements.--In carrying out subsection (b), the
Secretary, in coordination with the Secretary of Homeland Security and
in consultation with the heads of other relevant Federal agencies,
shall--
(1) establish a testing process under the program to test
the cybersecurity of products and technologies intended for
[[Page 135 STAT. 951]]
use in the energy sector, including products relating to
industrial control systems and operational technologies, such as
supervisory control and data acquisition systems;
(2) for products and technologies tested under the program,
establish and maintain cybersecurity vulnerability reporting
processes and a related database that are integrated with
Federal vulnerability coordination processes;
(3) provide technical assistance to electric utilities,
product manufacturers, and other energy sector stakeholders to
develop solutions to mitigate identified cybersecurity
vulnerabilities in products and technologies tested under the
program;
(4) biennially review products and technologies tested under
the program for cybersecurity vulnerabilities and provide
analysis with respect to how those products and technologies
respond to and mitigate cyber threats;
(5) develop guidance that is informed by analysis and
testing results under the program for electric utilities and
other components of the energy sector for the procurement of
products and technologies;
(6) provide reasonable notice to, and solicit comments from,
the public prior to establishing or revising the testing process
under the program;
(7) oversee the testing of products and technologies under
the program; and
(8) consider incentives to encourage the use of analysis and
results of testing under the program in the design of products
and technologies for use in the energy sector.
(d) Protection of Information.--Information provided to, or
collected by, the Federal Government pursuant to this section the
disclosure of which the Secretary reasonably foresees could be
detrimental to the physical security or cybersecurity of any component
of the energy sector, including any electric utility or the bulk-power
system--
(1) shall be exempt from disclosure under section 552(b)(3)
of title 5, United States Code; and
(2) shall not be made available by any Federal agency,
State, political subdivision of a State, or Tribal authority
pursuant to any Federal, State, political subdivision of a
State, or Tribal law, respectively, requiring public disclosure
of information or records.
(e) Federal Government Liability.--Nothing in this section
authorizes the commencement of an action against the United States with
respect to the testing of a product or technology under the program.
SEC. 40123. INCENTIVES FOR ADVANCED CYBERSECURITY TECHNOLOGY
INVESTMENT.
Part II of the Federal Power Act is amended by inserting after
section 219 (16 U.S.C. 824s) the following:
``SEC. 219A. <<NOTE: 16 USC 824s-1.>> INCENTIVES FOR
CYBERSECURITY INVESTMENTS.
``(a) Definitions.--In this section:
``(1) Advanced cybersecurity technology.--The term `advanced
cybersecurity technology' means any technology, operational
capability, or service, including computer hardware, software,
or a related asset, that enhances the security posture of public
utilities through improvements in the ability to protect
against, detect, respond to, or recover from a cybersecurity
[[Page 135 STAT. 952]]
threat (as defined in section 102 of the Cybersecurity Act of
2015 (6 U.S.C. 1501)).
``(2) Advanced cybersecurity technology information.--The
term `advanced cybersecurity technology information' means
information relating to advanced cybersecurity technology or
proposed advanced cybersecurity technology that is generated by
or provided to the Commission or another Federal agency.
``(b) <<NOTE: Deadline. Consultation.>> Study.--Not later than 180
days after the date of enactment of this section, the Commission, in
consultation with the Secretary of Energy, the North American Electric
Reliability Corporation, the Electricity Subsector Coordinating Council,
and the National Association of Regulatory Utility Commissioners, shall
conduct a study to identify incentive-based, including performance-
based, rate treatments for the transmission and sale of electric energy
subject to the jurisdiction of the Commission that could be used to
encourage--
``(1) investment by public utilities in advanced
cybersecurity technology; and
``(2) participation by public utilities in cybersecurity
threat information sharing programs.
``(c) <<NOTE: Deadline.>> Incentive-Based Rate Treatment.--Not
later than 1 year after the completion of the study under subsection
(b), the Commission shall establish, by rule, incentive-based, including
performance-based, rate treatments for the transmission of electric
energy in interstate commerce and the sale of electric energy at
wholesale in interstate commerce by public utilities for the purpose of
benefitting consumers by encouraging--
``(1) investments by public utilities in advanced
cybersecurity technology; and
``(2) participation by public utilities in cybersecurity
threat information sharing programs.
``(d) Factors for Consideration.--In issuing a rule pursuant to this
section, the Commission may provide additional incentives beyond those
identified in subsection (c) in any case in which the Commission
determines that an investment in advanced cybersecurity technology or
information sharing program costs will reduce cybersecurity risks to--
``(1) defense critical electric infrastructure (as defined
in section 215A(a)) and other facilities subject to the
jurisdiction of the Commission that are critical to public
safety, national defense, or homeland security, as determined by
the Commission in consultation with--
``(A) the Secretary of Energy;
``(B) the Secretary of Homeland Security; and
``(C) other appropriate Federal agencies; and
``(2) facilities of small or medium-sized public utilities
with limited cybersecurity resources, as determined by the
Commission.
``(e) Ratepayer Protection.--
``(1) In general.--Any rate approved under a rule issued
pursuant to this section, including any revisions to that rule,
shall be subject to the requirements of sections 205 and 206
that all rates, charges, terms, and conditions--
``(A) shall be just and reasonable; and
``(B) shall not be unduly discriminatory or
preferential.
[[Page 135 STAT. 953]]
``(2) Prohibition of duplicate recovery.--Any rule issued
pursuant to this section shall preclude rate treatments that
allow unjust and unreasonable double recovery for advanced
cybersecurity technology.
``(f) Single-Issue Rate Filings.--The Commission shall permit public
utilities to apply for incentive-based rate treatment under a rule
issued under this section on a single-issue basis by submitting to the
Commission a tariff schedule under section 205 that permits recovery of
costs and incentives over the depreciable life of the applicable assets,
without regard to changes in receipts or other costs of the public
utility.
``(g) Protection of Information.--Advanced cybersecurity technology
information that is provided to, generated by, or collected by the
Federal Government under subsection (b), (c), or (f) shall be considered
to be critical electric infrastructure information under section
215A.''.
SEC. 40124. <<NOTE: 42 USC 18723.>> RURAL AND MUNICIPAL UTILITY
ADVANCED CYBERSECURITY GRANT AND
TECHNICAL ASSISTANCE PROGRAM.
(a) Definitions.--In this section:
(1) Advanced cybersecurity technology.--The term ``advanced
cybersecurity technology'' means any technology, operational
capability, or service, including computer hardware, software,
or a related asset, that enhances the security posture of
electric utilities through improvements in the ability to
protect against, detect, respond to, or recover from a
cybersecurity threat (as defined in section 102 of the
Cybersecurity Act of 2015 (6 U.S.C. 1501)).
(2) Bulk-power system.--The term ``bulk-power system'' has
the meaning given the term in section 215(a) of the Federal
Power Act (16 U.S.C. 824o(a)).
(3) Eligible entity.--The term ``eligible entity'' means--
(A) a rural electric cooperative;
(B) a utility owned by a political subdivision of a
State, such as a municipally owned electric utility;
(C) a utility owned by any agency, authority,
corporation, or instrumentality of 1 or more political
subdivisions of a State;
(D) a not-for-profit entity that is in a partnership
with not fewer than 6 entities described in subparagraph
(A), (B), or (C); and
(E) an investor-owned electric utility that sells
less than 4,000,000 megawatt hours of electricity per
year.
(4) Program.--The term ``Program'' means the Rural and
Municipal Utility Advanced Cybersecurity Grant and Technical
Assistance Program established under subsection (b).
(b) <<NOTE: Deadline. Consultation.>> Establishment.--Not later
than 180 days after the date of enactment of this Act, the Secretary, in
coordination with the Secretary of Homeland Security and in consultation
with the Federal Energy Regulatory Commission, the North American
Electric Reliability Corporation, and the Electricity Subsector
Coordinating Council, shall establish a program, to be known as the
``Rural and Municipal Utility Advanced Cybersecurity Grant and Technical
Assistance Program'', to provide grants and technical assistance to, and
enter into cooperative agreements with, eligible entities to protect
against, detect, respond to, and recover from cybersecurity threats.
[[Page 135 STAT. 954]]
(c) Objectives.--The objectives of the Program shall be--
(1) to deploy advanced cybersecurity technologies for
electric utility systems; and
(2) to increase the participation of eligible entities in
cybersecurity threat information sharing programs.
(d) Awards.--
(1) In general.--The Secretary--
(A) shall award grants and provide technical
assistance under the Program to eligible entities on a
competitive basis;
(B) shall develop criteria and a formula for
awarding grants and providing technical assistance under
the Program;
(C) may enter into cooperative agreements with
eligible entities that can facilitate the objectives
described in subsection (c); and
(D) shall establish a process to ensure that all
eligible entities are informed about and can become
aware of opportunities to receive grants or technical
assistance under the Program.
(2) Priority for grants and technical assistance.--In
awarding grants and providing technical assistance under the
Program, the Secretary shall give priority to an eligible entity
that, as determined by the Secretary--
(A) has limited cybersecurity resources;
(B) owns assets critical to the reliability of the
bulk-power system; or
(C) owns defense critical electric infrastructure
(as defined in section 215A(a) of the Federal Power Act
(16 U.S.C. 824o-1(a))).
(e) Protection of Information.--Information provided to, or
collected by, the Federal Government pursuant to this section the
disclosure of which the Secretary reasonably foresees could be
detrimental to the physical security or cybersecurity of any electric
utility or the bulk-power system--
(1) shall be exempt from disclosure under section 552(b)(3)
of title 5, United States Code; and
(2) shall not be made available by any Federal agency,
State, political subdivision of a State, or Tribal authority
pursuant to any Federal, State, political subdivision of a
State, or Tribal law, respectively, requiring public disclosure
of information or records.
(f) <<NOTE: Time period.>> Authorization of Appropriations.--There
is authorized to be appropriated to the Secretary to carry out this
section $250,000,000 for the period of fiscal years 2022 through 2026.
SEC. 40125. <<NOTE: 42 USC 18724.>> ENHANCED GRID SECURITY.
(a) Definitions.--In this section:
(1) Electric utility.--The term ``electric utility'' has the
meaning given the term in section 3 of the Federal Power Act (16
U.S.C. 796).
(2) E-ISAC.--The term ``E-ISAC'' means the Electricity
Information Sharing and Analysis Center.
(b) Cybersecurity for the Energy Sector Research, Development, and
Demonstration Program.--
(1) In general.--The Secretary, in coordination with the
Secretary of Homeland Security and in consultation with, as
[[Page 135 STAT. 955]]
determined appropriate, other Federal agencies, the energy
sector, the States, Indian Tribes, Tribal organizations,
territories or freely associated states, and other stakeholders,
shall develop and carry out a program--
(A) to develop advanced cybersecurity applications
and technologies for the energy sector--
(i) to identify and mitigate vulnerabilities,
including--
(I) dependencies on other critical
infrastructure;
(II) impacts from weather and fuel
supply;
(III) increased dependence on
inverter-based technologies; and
(IV) vulnerabilities from unpatched
hardware and software systems; and
(ii) to advance the security of field devices
and third-party control systems, including--
(I) systems for generation,
transmission, distribution, end use, and
market functions;
(II) specific electric grid elements
including advanced metering, demand
response, distribution, generation, and
electricity storage;
(III) forensic analysis of infected
systems;
(IV) secure communications; and
(V) application of in-line edge
security solutions;
(B) to leverage electric grid architecture as a
means to assess risks to the energy sector, including by
implementing an all-hazards approach to communications
infrastructure, control systems architecture, and power
systems architecture;
(C) to perform pilot demonstration projects with the
energy sector to gain experience with new technologies;
(D) to develop workforce development curricula for
energy sector-related cybersecurity; and
(E) to develop improved supply chain concepts for
secure design of emerging digital components and power
electronics.
(2) <<NOTE: Time period.>> Authorization of
appropriations.--There is authorized to be appropriated to the
Secretary to carry out this subsection $250,000,000 for the
period of fiscal years 2022 through 2026.
(c) Energy Sector Operational Support for Cyberresilience Program.--
(1) In general.--The Secretary may develop and carry out a
program--
(A) to enhance and periodically test--
(i) the emergency response capabilities of the
Department; and
(ii) the coordination of the Department with
other agencies, the National Laboratories, and
private industry;
(B) to expand cooperation of the Department with the
intelligence community for energy sector-related threat
collection and analysis;
(C) to enhance the tools of the Department and E-
ISAC for monitoring the status of the energy sector;
[[Page 135 STAT. 956]]
(D) to expand industry participation in E-ISAC; and
(E) to provide technical assistance to small
electric utilities for purposes of assessing and
improving cybermaturity levels and addressing gaps
identified in the assessment.
(2) <<NOTE: Time period.>> Authorization of
appropriations.--There is authorized to be appropriated to the
Secretary to carry out this subsection $50,000,000 for the
period of fiscal years 2022 through 2026.
(d) Modeling and Assessing Energy Infrastructure Risk.--
(1) In general.--The Secretary, in coordination with the
Secretary of Homeland Security, shall develop and carry out an
advanced energy security program to secure energy networks,
including--
(A) electric networks;
(B) natural gas networks; and
(C) oil exploration, transmission, and delivery
networks.
(2) Security and resiliency objective.--The objective of the
program developed under paragraph (1) is to increase the
functional preservation of electric grid operations or natural
gas and oil operations in the face of natural and human-made
threats and hazards, including electric magnetic pulse and
geomagnetic disturbances.
(3) Eligible activities.--In carrying out the program
developed under paragraph (1), the Secretary may--
(A) develop capabilities to identify vulnerabilities
and critical components that pose major risks to grid
security if destroyed or impaired;
(B) provide modeling at the national level to
predict impacts from natural or human-made events;
(C) add physical security to the cybersecurity
maturity model;
(D) conduct exercises and assessments to identify
and mitigate vulnerabilities to the electric grid,
including providing mitigation recommendations;
(E) conduct research on hardening solutions for
critical components of the electric grid;
(F) conduct research on mitigation and recovery
solutions for critical components of the electric grid;
and
(G) provide technical assistance to States and other
entities for standards and risk analysis.
(4) Savings provision.--Nothing in this section authorizes
new regulatory requirements.
(5) <<NOTE: Time period.>> Authorization of
appropriations.--There is authorized to be appropriated to the
Secretary to carry out this subsection $50,000,000 for the
period of fiscal years 2022 through 2026.
SEC. 40126. <<NOTE: 42 USC 18725.>> CYBERSECURITY PLAN.
(a) In General.--The Secretary may require, as the Secretary
determines appropriate, a recipient of any award or other funding under
this division--
(1) to submit to the Secretary, prior to the issuance of the
award or other funding, a cybersecurity plan that demonstrates
the cybersecurity maturity of the recipient in the
[[Page 135 STAT. 957]]
context of the project for which that award or other funding was
provided; and
(2) establish a plan for maintaining and improving
cybersecurity throughout the life of the proposed solution of
the project.
(b) Contents of Cybersecurity Plan.--A cybersecurity plan described
in subsection (a) shall, at a minimum, describe how the recipient
described in that subsection--
(1) plans to maintain cybersecurity between networks,
systems, devices, applications, or components--
(A) within the proposed solution of the project; and
(B) at the necessary external interfaces at the
proposed solution boundaries;
(2) will perform ongoing evaluation of cybersecurity risks
to address issues as the issues arise throughout the life of the
proposed solution;
(3) will report known or suspected network or system
compromises of the project to the Secretary; and
(4) will leverage applicable cybersecurity programs of the
Department, including cyber vulnerability testing and security
engineering evaluations.
(c) Additional Guidance.--Each recipient described in subsection (a)
should--
(1) maximize the use of open guidance and standards,
including, wherever possible--
(A) the Cybersecurity Capability Maturity Model of
the Department (or a successor model); and
(B) the Framework for Improving Critical
Infrastructure Cybersecurity of the National Institute
of Standards and Technology; and
(2) document --
(A) any deviation from open standards; and
(B) the utilization of proprietary standards where
the recipient determines that such deviation necessary.
(d) Coordination.--The Office of Cybersecurity, Energy Security, and
Emergency Response of the Department shall review each cybersecurity
plan submitted under subsection (a) to ensure integration with
Department research, development, and demonstration programs.
(e) Protection of Information.--Information provided to, or
collected by, the Federal Government pursuant to this section the
disclosure of which the Secretary reasonably foresees could be
detrimental to the physical security or cybersecurity of any electric
utility or the bulk-power system--
(1) shall be exempt from disclosure under section 552(b)(3)
of title 5, United States Code; and
(2) shall not be made available by any Federal agency,
State, political subdivision of a State, or Tribal authority
pursuant to any Federal, State, political subdivision of a
State, or Tribal law, respectively, requiring public disclosure
of information or records.
SEC. 40127. <<NOTE: 42 USC 18726.>> SAVINGS PROVISION.
Nothing in this subtitle affects the authority, existing on the day
before the date of enactment of this Act, of any other Federal
department or agency, including the authority provided to the Secretary
of Homeland Security and the Director of the Cybersecurity
[[Page 135 STAT. 958]]
and Infrastructure Security Agency in title XXII of the Homeland
Security Act of 2002 (6 U.S.C. 651 et seq.).
TITLE II--SUPPLY CHAINS FOR CLEAN ENERGY TECHNOLOGIES
SEC. 40201. <<NOTE: 43 USC 311.>> EARTH MAPPING RESOURCES
INITIATIVE.
(a) Definition of Critical Mineral.--In this section, the term
``critical mineral'' has the meaning given the term in section 7002(a)
of the Energy Act of 2020 (30 U.S.C. 1606(a)).
(b) Establishment.--There is established within the United States
Geological Survey an initiative, to be known as the ``Earth Mapping
Resources Initiative'' (referred to in this section as the
``Initiative'').
(c) Purpose.--The purpose of the Initiative shall be to accelerate
efforts to carry out the fundamental resources and mapping mission of
the United States Geological Survey by--
(1) providing integrated topographic, geologic, geochemical,
and geophysical mapping;
(2) accelerating the integration and consolidation of
geospatial and resource data; and
(3) providing interpretation of subsurface and above-ground
mineral resources data.
(d) Cooperative Agreements.--
(1) In general.--In carrying out the Initiative, the
Director of the United States Geological Survey may enter into
cooperative agreements with State geological surveys.
(2) Effect.--Nothing in paragraph (1) precludes the Director
of the United States Geological Survey from using existing
contracting authorities in carrying out the Initiative.
(e) Comprehensive Mapping Modernization.--
(1) <<NOTE: Deadline.>> In general.--Not later than 10
years after the date of enactment of this Act, the Initiative
shall complete an initial comprehensive national modern surface
and subsurface mapping and data integration effort.
(2) Approach.--In carrying out paragraph (1) with regard to
minerals, mineralization, and mineral deposits, the Initiative
shall focus on the full range of minerals, using a whole ore
body approach rather than a single commodity approach, to
emphasize all of the recoverable critical minerals in a given
surface or subsurface deposit.
(3) Priority.--In carrying out paragraph (1) with regard to
minerals, mineralization, and mineral deposits, the Initiative
shall prioritize mapping and assessing critical minerals.
(4) Inclusions.--In carrying out paragraph (1), the
Initiative shall also--
(A) map and collect data for areas containing mine
waste to increase understanding of above-ground critical
mineral resources in previously disturbed areas; and
(B) provide for analysis of samples, including
samples within the National Geological and Geophysical
Data Preservation Program established under section
351(b) of the Energy Policy Act of 2005 (42 U.S.C.
15908(b)) for the occurrence of critical minerals.
[[Page 135 STAT. 959]]
(f) Availability.--The Initiative shall make the geospatial data and
metadata gathered by the Initiative under subsection (e)(1)
electronically publicly accessible on an ongoing basis.
(g) Integration of Data Sources.--The Initiative shall integrate
data sources, including data from--
(1) the National Cooperative Geologic Mapping Program
established by section 4(a)(1) of the National Geologic Mapping
Act of 1992 (43 U.S.C. 31c(a)(1));
(2) the National Geological and Geophysical Data
Preservation Program established under section 351(b) of the
Energy Policy Act of 2005 (42 U.S.C. 15908(b));
(3) the USMIN Mineral Deposit Database of the United States
Geological Survey;
(4) the 3D Elevation Program established under section 5(a)
of the National Landslide Preparedness Act (43 U.S.C. 3104(a));
and
(5) other relevant sources, including sources providing
geothermal resources data.
(h) <<NOTE: Time period.>> Authorization of Appropriations.--There
is authorized to be appropriated to the Secretary to carry out this
section $320,000,000 for the period of fiscal years 2022 through 2026,
to remain available until expended.
SEC. 40202. NATIONAL COOPERATIVE GEOLOGIC MAPPING PROGRAM.
(a) In General.--Section 4(d) of the National Geologic Mapping Act
of 1992 (43 U.S.C. 31c(d)) is amended by adding at the end the
following:
``(4) Abandoned mine land and mine waste component.--
``(A) In general.--The geologic mapping program
shall include an abandoned mine land and mine waste
geologic mapping component, the objective of which shall
be to establish the geologic framework of abandoned mine
land and other land containing mine waste.
``(B) Mapping priorities.--For the component
described in subparagraph (A), the priority shall be
mapping abandoned mine land and other land containing
mine waste where multiple critical mineral (as defined
in section 7002(a) of the Energy Act of 2020 (30 U.S.C.
1606(a))) and metal commodities are anticipated to be
present, rather than single mineral resources.''.
(b) Authorization of Appropriations.--Section 9(a) of the National
Geologic Mapping Act of 1992 (43 U.S.C. 31h(a)) is amended by striking
``2023'' and inserting ``2031''.
SEC. 40203. NATIONAL GEOLOGICAL AND GEOPHYSICAL DATA PRESERVATION
PROGRAM.
Section 351(b) of the Energy Policy Act of 2005 (42 U.S.C. 15908(b))
is amended--
(1) in paragraph (2), by striking ``and'' after the
semicolon;
(2) in paragraph (3), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(4) to provide for preservation of samples to track
geochemical signatures from critical mineral (as defined in
section 7002(a) of the Energy Act of 2020 (30 U.S.C. 1606(a)))
ore bodies for use in provenance tracking frameworks.''.
[[Page 135 STAT. 960]]
SEC. 40204. <<NOTE: 43 USC 50e.>> USGS ENERGY AND MINERALS
RESEARCH FACILITY.
(a) Establishment.--The Director of the United States Geological
Survey (referred to in this section as the ``Director''), shall fund,
through a cooperative agreement with an academic partner, the design,
construction, and tenant build-out of a facility to support energy and
minerals research and appurtenant associated structures.
(b) Ownership.--The United States Geological Survey shall retain
ownership of the facility and associated structures described in
subsection (a).
(c) Agreements.--The Director may enter into agreements with, and to
collect and expend funds or in-kind contributions from, academic,
Federal, State, or other tenants over the life of the facility described
in subsection (a) for the purposes of--
(1) facility planning;
(2) design;
(3) maintenance;
(4) operation; or
(5) facility improvements.
(d) Leases.--The Director may enter into a lease or other agreement
with the academic partner with which the Director has entered into a
cooperative agreement under subsection (a), at no cost to the Federal
Government, to obtain land on which to construct the facility described
in that subsection for a term of not less than 99 years.
(e) Reports.--The Director shall submit to Congress annual reports
on--
(1) the facility described in subsection (a); and
(2) the authorities used under this section.
(f) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary of the Interior to carry out this section
$167,000,000 for fiscal year 2022, to remain available until expended.
SEC. 40205. RARE EARTH ELEMENTS DEMONSTRATION FACILITY.
Section 7001 of the Energy Act of 2020 (42 U.S.C. 13344) is
amended--
(1) in subsection (b), by inserting ``and annually
thereafter while the facility established under subsection (c)
remains in operation,'' after ``enactment of this Act,'';
(2) by redesignating subsection (c) as subsection (d); and
(3) by inserting after subsection (b) the following:
``(c) Rare Earth Demonstration Facility.--
``(1) Establishment.--In coordination with the research
program under subsection (a)(1)(A), the Secretary shall fund,
through an agreement with an academic partner, the design,
construction, and build-out of a facility to demonstrate the
commercial feasibility of a full-scale integrated rare earth
element extraction and separation facility and refinery.
``(2) Facility activities.--The facility established under
paragraph (1) shall--
``(A) provide environmental benefits through use of
feedstock derived from acid mine drainage, mine waste,
or other deleterious material;
``(B) separate mixed rare earth oxides into pure
oxides of each rare earth element;
[[Page 135 STAT. 961]]
``(C) refine rare earth oxides into rare earth
metals; and
``(D) provide for separation of rare earth oxides
and refining into rare earth metals at a single site.
``(3) Authorization of appropriations.--There is authorized
to be appropriated to the Secretary to carry out this subsection
$140,000,000 for fiscal year 2022, to remain available until
expended.''.
SEC. 40206. <<NOTE: 30 USC 1607.>> CRITICAL MINERALS SUPPLY
CHAINS AND RELIABILITY.
(a) Definition of Critical Mineral.--In this section, the term
``critical mineral'' has the meaning given the term in section 7002(a)
of the Energy Act of 2020 (30 U.S.C. 1606(a)).
(b) Sense of Congress.--It is the sense of Congress that--
(1) critical minerals are fundamental to the economy,
competitiveness, and security of the United States;
(2) many critical minerals are only economic to recover when
combined with the production of a host mineral;
(3) to the maximum extent practicable, the critical mineral
needs of the United States should be satisfied by minerals
responsibly produced and recycled in the United States; and
(4) the Federal permitting process has been identified as an
impediment to mineral production and the mineral security of the
United States.
(c) Federal Permitting and Review Performance Improvements.--To
improve the quality and timeliness of Federal permitting and review
processes with respect to critical mineral production on Federal land,
the Secretary of the Interior, acting through the Director of the Bureau
of Land Management, and the Secretary of Agriculture, acting through the
Chief of the Forest Service (referred to in this section as the
``Secretaries''), to the maximum extent practicable, shall complete the
Federal permitting and review processes with maximum efficiency and
effectiveness, while supporting vital economic growth, by--
(1) establishing and adhering to timelines and schedules for
the consideration of, and final decisions regarding,
applications, operating plans, leases, licenses, permits, and
other use authorizations for critical mineral-related activities
on Federal land;
(2) establishing clear, quantifiable, and temporal
permitting performance goals and tracking progress against those
goals;
(3) engaging in early collaboration among agencies, project
sponsors, and affected stakeholders--
(A) to incorporate and address the interests of
those parties; and
(B) to minimize delays;
(4) ensuring transparency and accountability by using cost-
effective information technology to collect and disseminate
information regarding individual projects and agency
performance;
(5) engaging in early and active consultation with State,
local, and Tribal governments--
(A) to avoid conflicts or duplication of effort;
(B) to resolve concerns; and
(C) to allow for concurrent, rather than sequential,
reviews;
[[Page 135 STAT. 962]]
(6) providing demonstrable improvements in the performance
of Federal permitting and review processes, including lower
costs and more timely decisions;
(7) expanding and institutionalizing Federal permitting and
review process improvements that have proven effective;
(8) developing mechanisms to better communicate priorities
and resolve disputes among agencies at the national, regional,
State, and local levels; and
(9) developing other practices, such as preapplication
procedures.
(d) Review and Report.--Not later than 1 year after the date of
enactment of this Act, the Secretaries shall submit to Congress a report
that--
(1) identifies additional measures, including regulatory and
legislative proposals, if appropriate, that would increase the
timeliness of permitting activities for the exploration and
development of domestic critical minerals;
(2) identifies options, including cost recovery paid by
permit applicants, for ensuring adequate staffing and training
of Federal entities and personnel responsible for the
consideration of applications, operating plans, leases,
licenses, permits, and other use authorizations for critical
mineral-related activities on Federal land;
(3) quantifies the period of time typically required to
complete each step associated with the development and
processing of applications, operating plans, leases, licenses,
permits, and other use authorizations for critical mineral-
related activities on Federal land, including by--
(A) calculating the range, the mean, the median, the
variance, and other statistical measures or
representations of the period of time; and
(B) taking into account other aspects that affect
the period of time that are outside the control of the
Executive branch, such as judicial review, applicant
decisions, or State and local government involvement;
and
(4) describes actions carried out pursuant to subsection
(c).
(e) <<NOTE: Deadline.>> Performance Metric.--Not later than 90 days
after the date of submission of the report under subsection (d), and
after providing public notice and an opportunity to comment, the
Secretaries, using as a baseline the period of time quantified under
paragraph (3) of that subsection, shall develop and publish a
performance metric for evaluating the progress made by the Executive
branch to expedite the permitting of activities that will increase
exploration for, and development of, domestic critical minerals, while
maintaining environmental standards.
(f) Annual Reports.--Not later than the date on which the President
submits the first budget of the President under section 1105 of title
31, United States Code, after publication of the performance metric
required under subsection (e), and annually thereafter, the Secretaries
shall submit to Congress a report that--
(1) summarizes the implementation of recommendations,
measures, and options identified in paragraphs (1) and (2) of
subsection (d);
(2) using the performance metric developed under subsection
(e), describes progress made by the Executive branch, as
compared to the baseline developed pursuant to subsection
[[Page 135 STAT. 963]]
(d)(3), in expediting the permitting of activities that will
increase exploration for, and development of, domestic critical
minerals; and
(3) compares the United States to other countries in terms
of permitting efficiency and any other criteria relevant to the
globally competitive critical minerals industry.
(g) <<NOTE: Data. Public information. Website.>> Individual
Projects.--Each year, using data contained in the reports submitted
under subsection (f), the Director of the Office of Management and
Budget shall prioritize inclusion of individual critical mineral
projects on the website operated by the Office of Management and Budget
in accordance with section 1122 of title 31, United States Code.
SEC. 40207. <<NOTE: 42 USC 18741.>> BATTERY PROCESSING AND
MANUFACTURING.
(a) Definitions.--In this section:
(1) Advanced battery.--The term ``advanced battery'' means a
battery that consists of a battery cell that can be integrated
into a module, pack, or system to be used in energy storage
applications, including electric vehicles and the electric grid.
(2) Advanced battery component.--
(A) In general.--The term ``advanced battery
component'' means a component of an advanced battery.
(B) Inclusions.--The term ``advanced battery
component'' includes materials, enhancements,
enclosures, anodes, cathodes, electrolytes, cells, and
other associated technologies that comprise an advanced
battery.
(3) Battery material.--The term ``battery material'' means
the raw and processed form of a mineral, metal, chemical, or
other material used in an advanced battery component.
(4) Eligible entity.--The term ``eligible entity'' means an
entity described in any of paragraphs (1) through (5) of section
989(b) of the Energy Policy Act of 2005 (42 U.S.C. 16353(b)).
(5) Foreign entity of concern.--The term ``foreign entity of
concern'' means a foreign entity that is--
(A) designated as a foreign terrorist organization
by the Secretary of State under section 219(a) of the
Immigration and Nationality Act (8 U.S.C. 1189(a));
(B) included on the list of specially designated
nationals and blocked persons maintained by the Office
of Foreign Assets Control of the Department of the
Treasury (commonly known as the ``SDN list'');
(C) owned by, controlled by, or subject to the
jurisdiction or direction of a government of a foreign
country that is a covered nation (as defined in section
2533c(d) of title 10, United States Code);
(D) alleged by the Attorney General to have been
involved in activities for which a conviction was
obtained under--
(i) chapter 37 of title 18, United States Code
(commonly known as the ``Espionage Act'');
(ii) section 951 or 1030 of title 18, United
States Code;
(iii) chapter 90 of title 18, United States
Code (commonly known as the ``Economic Espionage
Act of 1996'');
[[Page 135 STAT. 964]]
(iv) the Arms Export Control Act (22 U.S.C.
2751 et seq.);
(v) section 224, 225, 226, 227, or 236 of the
Atomic Energy Act of 1954 (42 U.S.C. 2274, 2275,
2276, 2277, and 2284);
(vi) the Export Control Reform Act of 2018 (50
U.S.C. 4801 et seq.); or
(vii) the International Emergency Economic
Powers Act (50 U.S.C. 1701 et seq.); or
(E) <<NOTE: Consultation.>> determined by the
Secretary, in consultation with the Secretary of Defense
and the Director of National Intelligence, to be engaged
in unauthorized conduct that is detrimental to the
national security or foreign policy of the United
States.
(6) Manufacturing.--The term ``manufacturing'', with respect
to an advanced battery and an advanced battery component, means
the industrial and chemical steps taken to produce that advanced
battery or advanced battery component, respectively.
(7) Processing.--The term ``processing'', with respect to
battery material, means the refining of materials, including the
treating, baking, and coating processes used to convert raw
products into constituent materials employed directly in
advanced battery manufacturing.
(8) Recycling.--The term ``recycling'' means the recovery of
materials from advanced batteries to be reused in similar
applications, including the extracting, processing, and
recoating of battery materials and advanced battery components.
(b) Battery Material Processing Grants.--
(1) <<NOTE: Deadline.>> In general.--Not later than 180
days after the date of enactment of this Act, the Secretary
shall establish within the Office of Fossil Energy a program, to
be known as the ``Battery Material Processing Grant Program''
(referred to in this subsection as the ``program''), under which
the Secretary shall award grants in accordance with this
subsection.
(2) Purposes.--The purposes of the program are--
(A) to ensure that the United States has a viable
battery materials processing industry to supply the
North American battery supply chain;
(B) to expand the capabilities of the United States
in advanced battery manufacturing;
(C) to enhance national security by reducing the
reliance of the United States on foreign competitors for
critical materials and technologies; and
(D) to enhance the domestic processing capacity of
minerals necessary for battery materials and advanced
batteries.
(3) Grants.--
(A) In general.--Under the program, the Secretary
shall award grants to eligible entities--
(i) to carry out 1 or more demonstration
projects in the United States for the processing
of battery materials;
(ii) to construct 1 or more new commercial-
scale battery material processing facilities in
the United States; and
[[Page 135 STAT. 965]]
(iii) to retool, retrofit, or expand 1 or more
existing battery material processing facilities
located in the United States and determined
qualified by the Secretary.
(B) Amount limitation.--The amount of a grant
awarded under the program shall be not less than--
(i) $50,000,000 for an eligible entity
carrying out 1 or more projects described in
subparagraph (A)(i);
(ii) $100,000,000 for an eligible entity
carrying out 1 or more projects described in
subparagraph (A)(ii); and
(iii) $50,000,000 for an eligible entity
carrying out 1 or more projects described in
subparagraph (A)(iii).
(C) Priority; consideration.--In awarding grants to
eligible entities under the program, the Secretary
shall--
(i) give priority to an eligible entity that--
(I) is located and operates in the
United States;
(II) is owned by a United States
entity;
(III) deploys North American-owned
intellectual property and content;
(IV) represents consortia or
industry partnerships; and
(V) will not use battery material
supplied by or originating from a
foreign entity of concern; and
(ii) take into consideration whether a
project--
(I) provides workforce opportunities
in low- and moderate-income communities;
(II) encourages partnership with
universities and laboratories to spur
innovation and drive down costs;
(III) partners with Indian Tribes;
and
(IV) takes into account--
(aa) greenhouse gas
emissions reductions and energy
efficient battery material
processing opportunities
throughout the manufacturing
process; and
(bb) supply chain logistics.
(4) <<NOTE: Time period.>> Authorization of
appropriations.--There is authorized to be appropriated to the
Secretary to carry out the program $3,000,000,000 for the period
of fiscal years 2022 through 2026, to remain available until
expended.
(c) Battery Manufacturing and Recycling Grants.--
(1) <<NOTE: Deadline.>> In general.--Not later than 180
days after the date of enactment of this Act, the Secretary
shall establish within the Office of Energy Efficiency and
Renewable Energy a battery manufacturing and recycling grant
program (referred to in this subsection as the ``program'').
(2) Purpose.--The purpose of the program is to ensure that
the United States has a viable domestic manufacturing and
recycling capability to support and sustain a North American
battery supply chain.
(3) Grants.--
(A) In general.--Under the program, the Secretary
shall award grants to eligible entities--
[[Page 135 STAT. 966]]
(i) to carry out 1 or more demonstration
projects for advanced battery component
manufacturing, advanced battery manufacturing, and
recycling;
(ii) to construct 1 or more new commercial-
scale advanced battery component manufacturing,
advanced battery manufacturing, or recycling
facilities in the United States; and
(iii) to retool, retrofit, or expand 1 or more
existing facilities located in the United States
and determined qualified by the Secretary for
advanced battery component manufacturing, advanced
battery manufacturing, and recycling.
(B) Amount limitation.--The amount of a grant
awarded under the program shall be not less than--
(i) $50,000,000 for an eligible entity
carrying out 1 or more projects described in
subparagraph (A)(i);
(ii) $100,000,000 for an eligible entity
carrying out 1 or more projects described in
subparagraph (A)(ii); and
(iii) $50,000,000 for an eligible entity
carrying out 1 or more projects described in
subparagraph (A)(iii).
(C) Priority; consideration.--In awarding grants to
eligible entities under the program, the Secretary
shall--
(i) give priority to an eligible entity that--
(I) is located and operates in the
United States;
(II) is owned by a United States
entity;
(III) deploys North American-owned
intellectual property and content;
(IV) represents consortia or
industry partnerships; and
(V)(aa) if the eligible entity will
use the grant for advanced battery
component manufacturing, will not use
battery material supplied by or
originating from a foreign entity of
concern; or
(bb) if the eligible entity will use
the grant for battery recycling, will
not export recovered critical materials
to a foreign entity of concern; and
(ii) take into consideration whether a
project--
(I) provides workforce opportunities
in low- and moderate-income or rural
communities;
(II) provides workforce
opportunities in communities that have
lost jobs due to the displacements of
fossil energy jobs;
(III) encourages partnership with
universities and laboratories to spur
innovation and drive down costs;
(IV) partners with Indian Tribes;
(V) takes into account--
(aa) greenhouse gas
emissions reductions and energy
efficient battery material
processing opportunities
throughout the manufacturing
process; and
(bb) supply chain logistics;
and
(VI) utilizes feedstock produced in
the United States.
[[Page 135 STAT. 967]]
(4) <<NOTE: Time period.>> Authorization of
appropriations.--There is authorized to be appropriated to the
Secretary to carry out the program $3,000,000,000 for the period
of fiscal years 2022 through 2026, to remain available until
expended.
(d) Reporting Requirements.--Not later than 1 year after the date of
enactment of this Act, and annually thereafter, the Secretary shall
submit to Congress a report on the grant programs established under
subsections (b) and (c), including, with respect to each grant program,
a description of--
(1) the number of grant applications received;
(2) the number of grants awarded and the amount of each
award;
(3) the purpose and status of each project carried out using
a grant; and
(4) any other information the Secretary determines
necessary.
(e) Lithium-Ion Battery Recycling Prize Competition.--
(1) In general.--The Secretary shall continue to carry out
the Lithium-Ion Battery Recycling Prize Competition of the
Department established pursuant to section 24 of the Stevenson-
Wydler Technology Innovation Act of 1980 (15 U.S.C. 3719)
(referred to in this subsection as the ``competition'').
(2) Authorization of appropriations for pilot projects.--
(A) In general.--There is authorized to be
appropriated to the Secretary to carry out Phase III of
the competition, $10,000,000 for fiscal year 2022, to
remain available until expended.
(B) Use of funds.--The Secretary may use amounts
made available under subparagraph (A)--
(i) to increase the number of winners of Phase
III of the competition;
(ii) to increase the amount awarded to each
winner of Phase III of the competition; and
(iii) to carry out any other activity that is
consistent with the goals of Phase III of the
competition, as determined by the Secretary.
(f) Battery and Critical Mineral Recycling.--
(1) Definitions.--In this subsection:
(A) Administrator.--The term ``Administrator'' means
the Administrator of the Environmental Protection
Agency.
(B) Battery.--The term ``battery'' means a device
that--
(i) consists of 1 or more electrochemical
cells that are electrically connected; and
(ii) is designed to store and deliver electric
energy.
(C) Battery producer.--The term ``battery producer''
means, with respect to a covered battery or covered
battery-containing product that is sold, offered for
sale, or distributed for sale in the United States,
including through retail, wholesale, business-to-
business, and online sale, the following applicable
entity:
(i) A person who--
(I) manufactures the covered battery
or covered battery-containing product;
and
[[Page 135 STAT. 968]]
(II) sells or offers for sale the
covered battery or covered battery-
containing product under the brand of
that person.
(ii) If there is no person described in clause
(i) with respect to the covered battery or covered
battery-containing product, the owner or licensee
of the brand under which the covered battery or
covered battery-containing product is sold,
offered for sale, or distributed, regardless of
whether the trademark of the brand is registered.
(iii) If there is no person described in
clause (i) or (ii) with respect to the covered
battery or covered battery-containing product, a
person that imports the covered battery or covered
battery-containing product into the United States
for sale or distribution.
(D) Covered battery.--The term ``covered battery''
means a new or unused primary battery or rechargeable
battery.
(E) Covered battery-containing product.--The term
``covered battery-containing product'' means a new or
unused product that contains or is packaged with a
primary battery or rechargeable battery.
(F) Critical mineral.--The term ``critical mineral''
has the meaning given the term in section 7002(a) of the
Energy Act of 2020 (30 U.S.C. 1606(a)).
(G) Primary battery.--The term ``primary battery''
means a nonrechargeable battery that weighs not more
than 4.4 pounds, including an alkaline, carbon-zinc, and
lithium metal battery.
(H) Rechargeable battery.--
(i) In general.--The term ``rechargeable
battery'' means a battery that--
(I) contains 1 or more voltaic or
galvanic cells that are electrically
connected to produce electric energy;
(II) is designed to be recharged;
(III) weighs not more than 11
pounds; and
(IV) has a watt-hour rating of not
more than 300 watt-hours.
(ii) Exclusions.--The term ``rechargeable
battery'' does not include a battery that--
(I) contains electrolyte as a free
liquid; or
(II) employs lead-acid technology,
unless that battery is sealed and does
not contain electrolyte as a free
liquid.
(I) Recycling.--The term ``recycling'' means the
series of activities--
(i) during which recyclable materials are
processed into specification-grade commodities,
and consumed as raw-material feedstock, in lieu of
virgin materials, in the manufacturing of new
products;
(ii) that may include collection, processing,
and brokering; and
(iii) that result in subsequent consumption by
a materials manufacturer, including for the
manufacturing of new products.
[[Page 135 STAT. 969]]
(2) Battery recycling research, development, and
demonstration grants.--
(A) In general.--The Secretary, in coordination with
the Administrator, shall award multiyear grants to
eligible entities for research, development, and
demonstration projects to create innovative and
practical approaches to increase the reuse and recycling
of batteries, including by addressing--
(i) recycling activities;
(ii) the development of methods to promote the
design and production of batteries that take into
full account and facilitate the dismantling,
reuse, recovery, and recycling of battery
components and materials;
(iii) strategies to increase consumer
acceptance of, and participation in, the recycling
of batteries;
(iv) the extraction or recovery of critical
minerals from batteries that are recycled;
(v) the integration of increased quantities of
recycled critical minerals in batteries and other
products to develop markets for recycled battery
materials and critical minerals;
(vi) safe disposal of waste materials and
components recovered during the recycling process;
(vii) the protection of the health and safety
of all persons involved in, or in proximity to,
recycling and reprocessing activities, including
communities located near recycling and materials
reprocessing facilities;
(viii) mitigation of environmental impacts
that arise from recycling batteries, including
disposal of toxic reagents and byproducts related
to recycling processes;
(ix) protection of data privacy associated
with collected covered battery-containing
products;
(x) the optimization of the value of material
derived from recycling batteries; and
(xi) the cost-effectiveness and benefits of
the reuse and recycling of batteries and critical
minerals.
(B) Eligible entities.--The Secretary, in
coordination with the Administrator, may award a grant
under subparagraph (A) to--
(i) an institution of higher education;
(ii) a National Laboratory;
(iii) a Federal research agency;
(iv) a State research agency;
(v) a nonprofit organization;
(vi) an industrial entity;
(vii) a manufacturing entity;
(viii) a private battery-collection entity;
(ix) an entity operating 1 or more battery
recycling activities;
(x) a State or municipal government entity;
(xi) a battery producer;
(xii) a battery retailer; or
(xiii) a consortium of 2 or more entities
described in clauses (i) through (xii).
(C) Applications.--
[[Page 135 STAT. 970]]
(i) In general.--To be eligible to receive a
grant under subparagraph (A), an eligible entity
described in subparagraph (B) shall submit to the
Secretary an application at such time, in such
manner, and containing such information as the
Secretary may require.
(ii) Contents.--An application submitted under
clause (i) shall describe how the project will
promote collaboration among--
(I) battery producers and
manufacturers;
(II) battery material and equipment
manufacturers;
(III) battery recyclers, collectors,
and refiners; and
(IV) retailers.
(D) <<NOTE: Time period.>> Authorization of
appropriations.--There is authorized to be appropriated
to the Secretary to carry out this paragraph $60,000,000
for the period of fiscal years 2022 through 2026.
(3) State and local programs.--
(A) In general.--The Secretary, in coordination with
the Administrator, shall establish a program under which
the Secretary shall award grants, on a competitive
basis, to States and units of local government to assist
in the establishment or enhancement of State battery
collection, recycling, and reprocessing programs.
(B) Non-federal cost share.--The non-Federal share
of the cost of a project carried out using a grant under
this paragraph shall be 50 percent of the cost of the
project.
(C) Report.--Not later than 2 years after the date
of enactment of this Act, and annually thereafter, the
Secretary shall submit to Congress a report that
describes the number of battery collection points
established or enhanced, an estimate of jobs created,
and the quantity of material collected as a result of
the grants awarded under subparagraph (A).
(D) <<NOTE: Time period.>> Authorization of
appropriations.--There is authorized to be appropriated
to the Secretary to carry out this paragraph $50,000,000
for the period of fiscal years 2022 through 2026.
(4) Retailers as collection points.--
(A) <<NOTE: Grants.>> In general.--The Secretary
shall award grants, on a competitive basis, to retailers
that sell covered batteries or covered battery-
containing products to establish and implement a system
for the acceptance and collection of covered batteries
and covered battery-containing products, as applicable,
for reuse, recycling, or proper disposal.
(B) Collection system.--A system described in
subparagraph (A) shall include take-back of covered
batteries--
(i) at no cost to the consumer; and
(ii) on a regular, convenient, and accessible
basis.
(C) <<NOTE: Time period.>> Authorization of
appropriations.--There is authorized to be appropriated
to the Secretary to carry out this paragraph $15,000,000
for the period of fiscal years 2022 through 2026.
(5) Task force on producer responsibilities.--
[[Page 135 STAT. 971]]
(A) In general.--The Secretary, in coordination with
the Administrator, shall convene a task force to develop
an extended battery producer responsibility framework
that--
(i) addresses battery recycling goals, cost
structures for mandatory recycling, reporting
requirements, product design, collection models,
and transportation of collected materials;
(ii) provides sufficient flexibility to allow
battery producers to determine cost-effective
strategies for compliance with the framework; and
(iii) outlines regulatory pathways for
effective recycling.
(B) Task force members.--Members of the task force
convened under subparagraph (A) shall include--
(i) battery producers, manufacturers,
retailers, recyclers, and collectors or
processors;
(ii) States and municipalities; and
(iii) other relevant stakeholders, such as
environmental, energy, or consumer organizations,
as determined by the Secretary.
(C) Report.--Not later than 1 year after the date on
which the Secretary, in coordination with Administrator,
convenes the task force under subparagraph (A), the
Secretary shall submit to Congress a report that--
(i) describes the extended producer
responsibility framework developed by the task
force;
(ii) <<NOTE: Recommenda- tions.>> includes
the recommendations of the task force on how best
to implement a mandatory pay-in or other
enforcement mechanism to ensure that battery
producers and sellers are contributing to the
recycling of batteries; and
(iii) suggests regulatory pathways for
effective recycling.
(6) Effect on mercury-containing and rechargeable battery
management act.--Nothing in this subsection, or any regulation,
guideline, framework, or policy adopted or promulgated pursuant
to this subsection, shall modify or otherwise affect the
provisions of the Mercury-Containing and Rechargeable Battery
Management Act (42 U.S.C. 14301 et seq.).
SEC. 40208. ELECTRIC DRIVE VEHICLE BATTERY RECYCLING AND SECOND-
LIFE APPLICATIONS PROGRAM.
Section 641 of the Energy Independence and Security Act of 2007 (42
U.S.C. 17231) is amended--
(1) by striking subsection (k) and inserting the following:
``(k) Electric Drive Vehicle Battery Second-Life Applications and
Recycling.--
``(1) Definitions.--In this subsection:
``(A) Battery recycling and second-life applications
program.--The term `battery recycling and second-life
applications program' means the electric drive vehicle
battery recycling and second-life applications program
established under paragraph (3).
``(B) Critical material.--The term `critical
material' has the meaning given the term in section
7002(a) of the Energy Act of 2020 (30 U.S.C. 1606(a)).
[[Page 135 STAT. 972]]
``(C) Economically distressed area.--The term
`economically distressed area' means an area described
in section 301(a) of the Public Works and Economic
Development Act of 1965 (42 U.S.C. 3161(a)).
``(D) Electric drive vehicle battery.--The term
`electric drive vehicle battery' means any battery that
is a motive power source for an electric drive vehicle.
``(E) Eligible entity.--The term `eligible entity'
means an entity described in any of paragraphs (1)
through (5) of section 989(b) of the Energy Policy Act
of 2005 (42 U.S.C. 16353(b)).
``(2) Program.--The Secretary shall carry out a program of
research, development, and demonstration of--
``(A) second-life applications for electric drive
vehicle batteries that have been used to power electric
drive vehicles; and
``(B) technologies and processes for final recycling
and disposal of the devices described in subparagraph
(A).
``(3) Electric drive vehicle battery recycling and second-
life applications.--
``(A) In general.--In carrying out the program under
paragraph (2), the Secretary shall establish an electric
drive vehicle battery recycling and second-life
applications program under which the Secretary shall--
``(i) award grants under subparagraph (D); and
``(ii) carry out other activities in
accordance with this paragraph.
``(B) Purposes.--The purposes of the battery
recycling and second-life applications program are the
following:
``(i) To improve the recycling rates and
second-use adoption rates of electric drive
vehicle batteries.
``(ii) To optimize the design and adaptability
of electric drive vehicle batteries to make
electric drive vehicle batteries more easily
recyclable.
``(iii) To establish alternative supply chains
for critical materials that are found in electric
drive vehicle batteries.
``(iv) To reduce the cost of manufacturing,
installation, purchase, operation, and maintenance
of electric drive vehicle batteries.
``(v) To improve the environmental impact of
electric drive vehicle battery recycling
processes.
``(C) Targets.--In carrying out the battery
recycling and second-life applications program, the
Secretary shall address near-term (up to 2 years), mid-
term (up to 5 years), and long-term (up to 10 years)
challenges to the recycling of electric drive vehicle
batteries.
``(D) Grants.--
``(i) In general.--In carrying out the battery
recycling and second-life applications program,
the Secretary shall award multiyear grants on a
competitive, merit-reviewed basis to eligible
entities--
``(I) to conduct research,
development, testing, and evaluation of
solutions to increase the rate and
productivity of electric drive vehicle
battery recycling; and
[[Page 135 STAT. 973]]
``(II) for research, development,
and demonstration projects to create
innovative and practical approaches to
increase the recycling and second-use of
electric drive vehicle batteries,
including by addressing--
``(aa) technology to
increase the efficiency of
electric drive vehicle battery
recycling and maximize the
recovery of critical materials
for use in new products;
``(bb) expanded uses for
critical materials recovered
from electric drive vehicle
batteries;
``(cc) product design and
construction to facilitate the
disassembly and recycling of
electric drive vehicle
batteries;
``(dd) product design and
construction and other tools and
techniques to extend the
lifecycle of electric drive
vehicle batteries, including
methods to promote the safe
second-use of electric drive
vehicle batteries;
``(ee) strategies to
increase consumer acceptance of,
and participation in, the
recycling of electric drive
vehicle batteries;
``(ff) improvements and
changes to electric drive
vehicle battery chemistries that
include ways to decrease
processing costs for battery
recycling without sacrificing
front-end performance;
``(gg) second-use of
electric drive vehicle
batteries, including in
applications outside of the
automotive industry; and
``(hh) the commercialization
and scale-up of electric drive
vehicle battery recycling
technologies.
``(ii) Priority.--In awarding grants under
clause (i), the Secretary shall give priority to
projects that--
``(I) are located in geographically
diverse regions of the United States;
``(II) include business
commercialization plans that have the
potential for the recycling of electric
drive vehicle batteries at high volumes;
``(III) support the development of
advanced manufacturing technologies that
have the potential to improve the
competitiveness of the United States in
the international electric drive vehicle
battery manufacturing sector;
``(IV) provide the greatest
potential to reduce costs for consumers
and promote accessibility and community
implementation of demonstrated
technologies;
``(V) increase disclosure and
transparency of information to
consumers;
``(VI) support the development or
demonstration of projects in
economically distressed areas; and
``(VII) support other relevant
priorities, as determined to be
appropriate by the Secretary.
[[Page 135 STAT. 974]]
`` <<NOTE: Deadline.>> (iii) Solicitation.--
Not later than 90 days after the date of enactment
of the Infrastructure Investment and Jobs Act, and
annually thereafter, the Secretary shall conduct a
national solicitation for applications for grants
described in clause (i).
``(iv) Dissemination of results.--The
Secretary shall publish the results of the
projects carried out through grants awarded under
clause (i) through--
``(I) best practices relating to
those grants, for use in the electric
drive vehicle battery manufacturing,
design, installation, refurbishing, or
recycling industries;
``(II) coordination with information
dissemination programs relating to
general recycling of electronic devices;
and
``(III) educational materials for
the public, produced in conjunction with
State and local governments or nonprofit
organizations, on the problems and
solutions relating to the recycling and
second-life applications of electric
drive vehicle batteries.
``(E) Coordination with other programs of the
department.--In carrying out the battery recycling and
second-life applications program, the Secretary shall
coordinate and leverage the resources of complementary
efforts of the Department.
``(F) Study and report.--
``(i) Study.--The Secretary shall conduct a
study on the viable market opportunities available
for the recycling, second-use, and manufacturing
of electric drive vehicle batteries in the United
States.
``(ii) Report.--Not later than 1 year after
the date of enactment of the Infrastructure
Investment and Jobs Act, the Secretary shall
submit to the Committee on Energy and Natural
Resources of the Senate, the Committee on Science,
Space, and Technology of the House of
Representatives, and any other relevant committee
of Congress a report containing the results of the
study under clause (i), including a description
of--
``(I) the ability of relevant
businesses or other entities to
competitively manufacture electric drive
vehicle batteries and recycle electric
drive vehicle batteries in the United
States;
``(II) any existing electric drive
vehicle battery recycling and second-use
practices and plans of electric drive
vehicle manufacturing companies in the
United States;
``(III) any barriers to electric
drive vehicle battery recycling in the
United States;
``(IV) opportunities and barriers in
electric drive vehicle battery supply
chains in the United States and
internationally, including with allies
and trading partners;
``(V) opportunities for job creation
in the electric drive vehicle battery
recycling and manufacturing fields and
the necessary skills employees must
acquire for growth of those fields in
the United States;
[[Page 135 STAT. 975]]
``(VI) <<NOTE: Recommenda- tions.>>
policy recommendations for enhancing
electric drive vehicle battery
manufacturing and recycling in the
United States;
``(VII) <<NOTE: Recommenda-
tions.>> any recommendations for
lowering logistics costs and creating
better coordination and efficiency with
respect to the removal, collection,
transportation, storage, and disassembly
of electric drive vehicle batteries;
``(VIII) <<NOTE: Recommenda-
tions.>> any recommendations for areas
of coordination with other Federal
agencies to improve electric drive
vehicle battery recycling rates in the
United States;
``(IX) an aggressive 2-year target
and plan, the implementation of which
shall begin during the 90-day period
beginning on the date on which the
report is submitted, to enhance the
competitiveness of electric drive
vehicle battery manufacturing and
recycling in the United States; and
``(X) needs for future research,
development, and demonstration projects
in electric drive vehicle battery
manufacturing, recycling, and related
areas, as determined by the Secretary.
``(G) <<NOTE: Deadline. Time period. Recommenda-
tions.>> Evaluation.--Not later than 3 years after the
date on which the report under subparagraph (F)(ii) is
submitted, and every 4 years thereafter, the Secretary
shall conduct, and make available to the public and the
relevant committees of Congress, an independent review
of the progress of the grants awarded under subparagraph
(D) in meeting the recommendations and targets included
in the report.''; and
(2) in subsection (p), by striking paragraph (6) and
inserting the following:
``(6) the electric drive vehicle battery recycling and
second-life applications program under subsection (k)
$200,000,000 for the period of fiscal years 2022 through
2026.''.
SEC. 40209. <<NOTE: 42 USC 18742.>> ADVANCED ENERGY MANUFACTURING
AND RECYCLING GRANT PROGRAM.
(a) Definitions.--In this section:
(1) Advanced energy property.--The term ``advanced energy
property'' means--
(A) property designed to be used to produce energy
from the sun, water, wind, geothermal or hydrothermal
(as those terms are defined in section 612 of the Energy
Independence and Security Act of 2007 (42 U.S.C. 17191))
resources, enhanced geothermal systems (as defined in
that section), or other renewable resources;
(B) fuel cells, microturbines, or energy storage
systems and components;
(C) electric grid modernization equipment or
components;
(D) property designed to capture, remove, use, or
sequester carbon oxide emissions;
(E) equipment designed to refine, electrolyze, or
blend any fuel, chemical, or product that is--
(i) renewable; or
(ii) low-carbon and low-emission;
[[Page 135 STAT. 976]]
(F) property designed to produce energy conservation
technologies (including for residential, commercial, and
industrial applications);
(G)(i) light-, medium-, or heavy-duty electric or
fuel cell vehicles, electric or fuel cell locomotives,
electric or fuel cell maritime vessels, or electric or
fuel cell planes;
(ii) technologies, components, and materials of
those vehicles, locomotives, maritime vessels, or
planes; and
(iii) charging or refueling infrastructure
associated with those vehicles, locomotives, maritime
vessels, or planes;
(H)(i) hybrid vehicles with a gross vehicle weight
rating of not less than 14,000 pounds; and
(ii) technologies, components, and materials for
those vehicles; and
(I) other advanced energy property designed to
reduce greenhouse gas emissions, as may be determined by
the Secretary.
(2) Covered census tract.--The term ``covered census tract''
means a census tract--
(A) in which, after December 31, 1999, a coal mine
had closed;
(B) in which, after December 31, 2009, a coal-fired
electricity generating unit had been retired; or
(C) that is immediately adjacent to a census tract
described in subparagraph (A) or (B).
(3) Eligible entity.--The term ``eligible entity'' means a
manufacturing firm--
(A) the gross annual sales of which are less than
$100,000,000;
(B) that has fewer than 500 employees at the plant
site of the manufacturing firm; and
(C) the annual energy bills of which total more than
$100,000 but less than $2,500,000.
(4) Minority-owned.--The term ``minority-owned'', with
respect to an eligible entity, means an eligible entity not less
than 51 percent of which is owned by 1 or more individuals who
are--
(A) citizens of the United States; and
(B) Asian American, Native Hawaiian, Pacific
Islander, African American, Hispanic, Puerto Rican,
Native American, or Alaska Native.
(5) Program.--The term ``Program'' means the grant program
established under subsection (b).
(6) Qualifying advanced energy project.--The term
``qualifying advanced energy project'' means a project that--
(A)(i) re-equips, expands, or establishes a
manufacturing or recycling facility for the production
or recycling, as applicable, of advanced energy
property; or
(ii) re-equips an industrial or manufacturing
facility with equipment designed to reduce the
greenhouse gas emissions of that facility substantially
below the greenhouse gas emissions under current best
practices, as determined by the Secretary, through the
installation of--
(I) low- or zero-carbon process heat systems;
(II) carbon capture, transport, utilization,
and storage systems;
[[Page 135 STAT. 977]]
(III) technology relating to energy efficiency
and reduction in waste from industrial processes;
or
(IV) any other industrial technology that
significantly reduces greenhouse gas emissions, as
determined by the Secretary;
(B) has a reasonable expectation of commercial
viability, as determined by the Secretary; and
(C) is located in a covered census tract.
(b) Establishment.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall establish a program to award
grants to eligible entities to carry out qualifying advanced energy
projects.
(c) Applications.--
(1) In general.--Each eligible entity seeking a grant under
the Program shall submit to the Secretary an application at such
time, in such manner, and containing such information as the
Secretary may require, including a description of the proposed
qualifying advanced energy project to be carried out using the
grant.
(2) Selection criteria.--
(A) Projects.--In selecting eligible entities to
receive grants under the Program, the Secretary shall,
with respect to the qualifying advanced energy projects
proposed by the eligible entities, give higher priority
to projects that--
(i) will provide higher net impact in avoiding
or reducing anthropogenic emissions of greenhouse
gases;
(ii) will result in a higher level of domestic
job creation (both direct and indirect) during the
lifetime of the project;
(iii) will result in a higher level of job
creation in the vicinity of the project,
particularly with respect to--
(I) low-income communities (as
described in section 45D(e) of the
Internal Revenue Code of 1986); and
(II) dislocated workers who were
previously employed in manufacturing,
coal power plants, or coal mining;
(iv) have higher potential for technological
innovation and commercial deployment;
(v) have a lower levelized cost of--
(I) generated or stored energy; or
(II) measured reduction in energy
consumption or greenhouse gas emission
(based on costs of the full supply
chain); and
(vi) have a shorter project time.
(B) Eligible entities.--In selecting eligible
entities to receive grants under the Program, the
Secretary shall give priority to eligible entities that
are minority-owned.
(d) Project Completion and Location; Return of Unobligated Funds.--
(1) Completion; return of unobligated funds.--An eligible
entity that receives a grant under the Program shall be
required--
(A) <<NOTE: Deadline.>> to complete the qualifying
advanced energy project funded by the grant not later
than 3 years after the date of receipt of the grant
funds; and
[[Page 135 STAT. 978]]
(B) to return to the Secretary any grant funds that
remain unobligated at the end of that 3-year period.
(2) Location.--If the Secretary determines that an eligible
entity awarded a grant under the Program has carried out the
applicable qualifying advanced energy project at a location that
is materially different from the location specified in the
application for the grant, the eligible entity shall be required
to return the grant funds to the Secretary.
(e) Technical Assistance.--
(1) <<NOTE: Deadline.>> In general.--Not later than 180
days after the date of enactment of this Act, the Secretary
shall provide technical assistance on a selective basis to
eligible entities that are seeking a grant under the Program to
enhance the impact of the qualifying advanced energy project to
be carried out using the grant with respect to the selection
criteria described in subsection (c)(2)(A).
(2) Applications.--An eligible entity desiring technical
assistance under paragraph (1) shall submit to the Secretary an
application at such time, in such manner, and containing such
information as the Secretary may require.
(3) Factors for consideration.--In selecting eligible
entities for technical assistance under paragraph (1), the
Secretary shall give higher priority to eligible entities that
propose a qualifying advanced energy project that has greater
potential for enhancement of the impact of the project with
respect to the selection criteria described in subsection
(c)(2)(A).
(f) <<NOTE: Public information.>> Publication of Grants.--The
Secretary shall make publicly available the identity of each eligible
entity awarded a grant under the Program and the amount of the grant.
(g) Report.--Not later than 4 years after the date of enactment this
Act, the Secretary shall--
(1) review the grants awarded under the Program; and
(2) submit to the Committee on Energy and Natural Resources
of the Senate and the Committee on Energy and Commerce of the
House of Representatives a report describing those grants.
(h) <<NOTE: Time period.>> Authorization of Appropriations.--There
is authorized to be appropriated to the Secretary to carry out the
Program $750,000,000 for the period of fiscal years 2022 through 2026.
SEC. 40210. <<NOTE: 42 USC 18743.>> CRITICAL MINERALS MINING AND
RECYCLING RESEARCH.
(a) Definitions.--In this section:
(1) Critical mineral.--The term ``critical mineral'' has the
meaning given the term in section 7002(a) of the Energy Act of
2020 (30 U.S.C. 1606(a)).
(2) Critical minerals and metals.--The term ``critical
minerals and metals'' includes any host mineral of a critical
mineral.
(3) Director.--The term ``Director'' means the Director of
the Foundation.
(4) End-to-end.--The term ``end-to-end'', with respect to
the integration of mining or life cycle of minerals, means the
integrated approach of, or the lifecycle determined by,
examining the research and developmental process from the mining
of the raw minerals to its processing into useful materials, its
integration into components and devices, the utilization of such
devices in the end-use application to satisfy certain
[[Page 135 STAT. 979]]
performance metrics, and the recycling or disposal of such
devices.
(5) Foreign entity of concern.--The term ``foreign entity of
concern'' means a foreign entity that is--
(A) designated as a foreign terrorist organization
by the Secretary of State under section 219(a) of the
Immigration and Nationality Act (8 U.S.C. 1189(a));
(B) included on the list of specially designated
nationals and blocked persons maintained by the Office
of Foreign Assets Control of the Department of the
Treasury (commonly known as the SDN list);
(C) owned by, controlled by, or subject to the
jurisdiction or direction of a government of a foreign
country that is a covered nation (as defined in section
2533c(d) of title 10, United States Code);
(D) alleged by the Attorney General to have been
involved in activities for which a conviction was
obtained under--
(i) chapter 37 of title 18, United States Code
(commonly known as the ``Espionage Act'');
(ii) section 951 or 1030 of title 18, United
States Code;
(iii) chapter 90 of title 18, United States
Code (commonly known as the ``Economic Espionage
Act of 1996)'';
(iv) the Arms Export Control Act (22 U.S.C.
2751 et seq.);
(v) section 224, 225, 226, 227, or 236 of the
Atomic Energy Act of 1954 (42 U.S.C. 2274, 2275,
2276, 2277, and 2284);
(vi) the Export Control Reform Act of 2018 (50
U.S.C. 4801 et seq.); or
(vii) the International Emergency Economic
Powers Act (50 U.S.C. 1701 et seq.); or
(E) determined by the Secretary of Commerce, in
consultation with the Secretary of Defense and the
Director of National Intelligence, to be engaged in
unauthorized conduct that is detrimental to the national
security or foreign policy of the United States.
(6) Foundation.--The term ``Foundation'' means the National
Science Foundation.
(7) Institution of higher education.--The term ``institution
of higher education'' has the meaning given the term in section
101 of the Higher Education Act of 1965 (20 U.S.C. 1001).
(8) National laboratory.--The term ``National Laboratory''
has the meaning given the term in section 2 of the Energy Policy
Act of 2005 (42 U.S.C. 15801).
(9) Recycling.--The term ``recycling'' means the process of
collecting and processing spent materials and devices and
turning the materials and devices into raw materials or
components that can be reused either partially or completely.
(10) Secondary recovery.--The term ``secondary recovery''
means the recovery of critical minerals and metals from
discarded end-use products or from waste products produced
during the metal refining and manufacturing process, including
from mine waste piles, acid mine drainage sludge,
[[Page 135 STAT. 980]]
or byproducts produced through legacy mining and metallurgy
activities.
(b) Critical Minerals Mining and Recycling Research and
Development.--
(1) In general.--In order to support supply chain
resiliency, the Secretary, in coordination with the Director,
shall issue awards, on a competitive basis, to eligible entities
described in paragraph (2) to support basic research that will
accelerate innovation to advance critical minerals mining,
recycling, and reclamation strategies and technologies for the
purposes of--
(A) making better use of domestic resources; and
(B) eliminating national reliance on minerals and
mineral materials that are subject to supply
disruptions.
(2) Eligible entities.--Entities eligible to receive an
award under paragraph (1) are the following:
(A) Institutions of higher education.
(B) National Laboratories.
(C) Nonprofit organizations.
(D) Consortia of entities described in subparagraphs
(A) through (C), including consortia that collaborate
with private industry.
(3) Use of funds.--Activities funded by an award under this
section may include--
(A) advancing mining research and development
activities to develop new mapping and mining
technologies and techniques, including advanced critical
mineral extraction and production--
(i) to improve existing, or to develop new,
supply chains of critical minerals; and
(ii) to yield more efficient, economical, and
environmentally benign mining practices;
(B) advancing critical mineral processing research
activities to improve separation, alloying,
manufacturing, or recycling techniques and technologies
that can decrease the energy intensity, waste, potential
environmental impact, and costs of those activities;
(C) advancing research and development of critical
minerals mining and recycling technologies that take
into account the potential end-uses and disposal of
critical minerals, in order to improve end-to-end
integration of mining and technological applications;
(D) conducting long-term earth observation of
reclaimed mine sites, including the study of the
evolution of microbial diversity at those sites;
(E) examining the application of artificial
intelligence for geological exploration of critical
minerals, including what size and diversity of data sets
would be required;
(F) examining the application of machine learning
for detection and sorting of critical minerals,
including what size and diversity of data sets would be
required;
(G) conducting detailed isotope studies of critical
minerals and the development of more refined geologic
models; or
(H) providing training and research opportunities to
undergraduate and graduate students to prepare the next
generation of mining engineers and researchers.
[[Page 135 STAT. 981]]
(c) Critical Minerals Interagency Subcommittee.--
(1) In general.--In order to support supply chain
resiliency, the Critical Minerals Subcommittee of the National
Science and Technology Council (referred to in this subsection
as the ``Subcommittee'') shall coordinate Federal science and
technology efforts to ensure secure and reliable supplies of
critical minerals to the United States.
(2) Purposes.--The purposes of the Subcommittee shall be--
(A) to advise and assist the National Science and
Technology Council, including the Committee on Homeland
and National Security of the National Science and
Technology Council, on United States policies,
procedures, and plans relating to critical minerals,
including--
(i) Federal research, development, and
deployment efforts to optimize methods for
extractions, concentration, separation, and
purification of conventional, secondary, and
unconventional sources of critical minerals,
including research that prioritizes end-to-end
integration of mining and recycling techniques and
the end-use target for critical minerals;
(ii) efficient use and reuse of critical
minerals, including recycling technologies for
critical minerals and the reclamation of critical
minerals from components, such as spent batteries;
(iii) addressing the technology transitions
between research or lab-scale mining and recycling
and commercialization of these technologies;
(iv) the critical minerals workforce of the
United States; and
(v) United States private industry investments
in innovation and technology transfer from
federally funded science and technology;
(B) to identify emerging opportunities, stimulate
international cooperation, and foster the development of
secure and reliable supply chains of critical minerals,
including activities relating to the reuse of critical
minerals via recycling;
(C) to ensure the transparency of information and
data related to critical minerals; and
(D) to provide recommendations on coordination and
collaboration among the research, development, and
deployment programs and activities of Federal agencies
to promote a secure and reliable supply of critical
minerals necessary to maintain national security,
economic well-being, and industrial production.
(3) Responsibilities.--In carrying out paragraphs (1) and
(2), the Subcommittee may, taking into account the findings and
recommendations of relevant advisory committees--
(A) provide recommendations on how Federal agencies
may improve the topographic, geologic, and geophysical
mapping of the United States and improve the
discoverability, accessibility, and usability of the
resulting and existing data, to the extent permitted by
law and subject to appropriate limitation for purposes
of privacy and security;
[[Page 135 STAT. 982]]
(B) assess the progress toward developing critical
minerals recycling and reprocessing technologies;
(C) assess the end-to-end lifecycle of critical
minerals, including for mining, usage, recycling, and
end-use material and technology requirements;
(D) examine, and provide recommendations for,
options for accessing and developing critical minerals
through investment and trade with allies and partners of
the United States;
(E) evaluate and provide recommendations to
incentivize the development and use of advances in
science and technology in the private industry;
(F) assess the need for, and make recommendations to
address, the challenges the United States critical
minerals supply chain workforce faces, including--
(i) aging and retiring personnel and faculty;
(ii) public perceptions about the nature of
mining and mineral processing; and
(iii) foreign competition for United States
talent;
(G) develop, and update as necessary, a strategic
plan to guide Federal programs and activities to
enhance--
(i) scientific and technical capabilities
across critical mineral supply chains, including a
roadmap that identifies key research and
development needs and coordinates ongoing
activities for source diversification, more
efficient use, recycling, and substitution for
critical minerals; and
(ii) cross-cutting mining science, data
science techniques, materials science,
manufacturing science and engineering,
computational modeling, and environmental health
and safety research and development; and
(H) report to the appropriate committees of Congress
on activities and findings under this subsection.
(4) Mandatory responsibilities.--In carrying out paragraphs
(1) and (2), the Subcommittee shall, taking into account the
findings and recommendations of relevant advisory committees,
identify and evaluate Federal policies and regulations that
restrict the mining of critical minerals.
(d) Grant Program for Processing of Critical Minerals and
Development of Critical Minerals and Metals.--
(1) Establishment.--The Secretary, in consultation with the
Director, the Secretary of the Interior, and the Secretary of
Commerce, shall establish a grant program to finance pilot
projects for--
(A) the processing or recycling of critical minerals
in the United States; or
(B) the development of critical minerals and metals
in the United States
(2) Limitation on grant awards.--A grant awarded under
paragraph (1) may not exceed $10,000,000.
(3) Economic viability.--In awarding grants under paragraph
(1), the Secretary shall give priority to projects that the
Secretary determines are likely to be economically viable over
the long term.
(4) Secondary recovery.--In awarding grants under paragraph
(1), the Secretary shall seek to award not less than
[[Page 135 STAT. 983]]
30 percent of the total amount of grants awarded during the
fiscal year for projects relating to secondary recovery of
critical minerals and metals.
(5) Domestic priority.--In awarding grants for the
development of critical minerals and metals under paragraph
(1)(B), the Secretary shall prioritize pilot projects that will
process the critical minerals and metals domestically.
(6) Prohibition on processing by foreign entity of
concern.--In awarding grants under paragraph (1), the Secretary
shall ensure that pilot projects do not export for processing
any critical minerals and metals to a foreign entity of concern.
(7) <<NOTE: Time period.>> Authorization of
appropriations.--There is authorized to be appropriated to the
Secretary to carry out the grant program established under
paragraph (1) $100,000,000 for each of fiscal years 2021 through
2024.
SEC. 40211. <<NOTE: 42 USC 18744.>> 21ST CENTURY ENERGY WORKFORCE
ADVISORY BOARD.
(a) Establishment.--The Secretary shall establish a board, to be
known as the ``21st Century Energy Workforce Advisory Board'', to
develop a strategy for the Department that, with respect to the role of
the Department in the support and development of a skilled energy
workforce--
(1) meets the current and future industry and labor needs of
the energy sector;
(2) provides opportunities for students to become qualified
for placement in traditional energy sector and emerging energy
sector jobs;
(3) identifies areas in which the Department can effectively
utilize the technical expertise of the Department to support the
workforce activities of other Federal agencies;
(4) strengthens and engages the workforce training programs
of the Department and the National Laboratories in carrying out
the Equity in Energy Initiative of the Department and other
Department workforce priorities;
(5) develops plans to support and retrain displaced and
unemployed energy sector workers; and
(6) prioritizes education and job training for
underrepresented groups, including racial and ethnic minorities,
Indian Tribes, women, veterans, and socioeconomically
disadvantaged individuals.
(b) Membership.--
(1) <<NOTE: Appointment. Deadline.>> In general.--The Board
shall be composed of not fewer than 10 and not more than 15
members, with the initial members of the Board to be appointed
by the Secretary not later than 1 year after the date of
enactment of this Act.
(2) Requirement.--The Board shall include not fewer than 1
representative of a labor organization with significant energy
experience who has been nominated by a national labor
federation.
(3) Qualifications.--Each individual appointed to the Board
under paragraph (1) shall have expertise in--
(A) the field of economics or workforce development;
(B) relevant traditional energy industries or
emerging energy industries, including energy efficiency;
(C) secondary or postsecondary education;
[[Page 135 STAT. 984]]
(D) energy workforce development or apprenticeship
programs of States or units of local government;
(E) relevant organized labor organizations; or
(F) bringing underrepresented groups, including
racial and ethnic minorities, women, veterans, and
socioeconomically disadvantaged individuals, into the
workforce.
(c) Advisory Board Review and Recommendations.--
(1) Determination by board.--In developing the strategy
required under subsection (a), the Board shall--
(A) determine whether there are opportunities to
more effectively and efficiently use the capabilities of
the Department in the development of a skilled energy
workforce;
(B) identify ways in which the Department could work
with other relevant Federal agencies, States, units of
local government, institutions of higher education,
labor organizations, Indian Tribes and tribal
organizations, and industry in the development of a
skilled energy workforce, subject to applicable law;
(C) identify ways in which the Department and
National Laboratories can--
(i) increase outreach to minority-serving
institutions; and
(ii) make resources available to increase the
number of skilled minorities and women trained to
go into the energy and energy-related
manufacturing sectors;
(iii) increase outreach to displaced and
unemployed energy sector workers; and
(iv) make resources available to provide
training to displaced and unemployed energy sector
workers to reenter the energy workforce; and
(D)(i) identify the energy sectors in greatest need
of workforce training; and
(ii) in consultation with the Secretary of Labor,
develop recommendations for the skills necessary to
develop a workforce trained to work in those energy
sectors.
(2) Required analysis.--In developing the strategy required
under subsection (a), the Board shall analyze the effectiveness
of--
(A) existing Department-directed support; and
(B) existing energy workforce training programs.
(3) Report.--
(A) In general.--Not later than 1 year after the
date on which the Board is established under this
section, and biennially thereafter until the date on
which the Board is terminated under subsection (f), the
Board shall submit to the Secretary a report containing,
with respect to the strategy required under subsection
(a)--
(i) the findings of the Board; and
(ii) the proposed energy workforce strategy of
the Board.
(B) Response of the secretary.--Not later than 90
days after the date on which a report is submitted to
the Secretary under subparagraph (A), the Secretary
shall--
[[Page 135 STAT. 985]]
(i) submit to the Board a response to the
report that--
(I) describes whether the Secretary
approves or disapproves of each
recommendation of the Board under
subparagraph (A); and
(II) if the Secretary approves of a
recommendation, provides an
implementation plan for the
recommendation; and
(ii) submit to Congress--
(I) the report of the Board under
subparagraph (A); and
(II) the response of the Secretary
under clause (i).
(C) Public availability of report.--
(i) In general.--The Board shall make each
report under subparagraph (A) available to the
public on the earlier of--
(I) the date on which the Board
receives the response of the Secretary
under subparagraph (B)(i); and
(II) the date that is 90 days after
the date on which the Board submitted
the report to the Secretary.
(ii) Requirement.--If the Board has received a
response to a report from the Secretary under
subparagraph (B)(i), the Board shall make that
response publicly available with the applicable
report.
(d) Report by the Secretary.--Not later than 180 days before the
date of expiration of a term of the Board under subsection (f), the
Secretary shall submit to the Committees on Energy and Natural Resources
and Appropriations of the Senate and the Committees on Energy and
Commerce and Appropriations of the House of Representatives a report
that--
(1) describes the effectiveness and accomplishments of the
Board during the applicable term;
(2) contains a determination of the Secretary as to whether
the Board should be renewed; and
(3) if the Secretary determines that the Board should be
renewed, any recommendations as to whether and how the scope and
functions of the Board should be modified.
(e) Outreach to Minority-Serving Institutions, Veterans, and
Displaced and Unemployed Energy Workers.--In developing the strategy
under subsection (a), the Board shall--
(1) give special consideration to increasing outreach to
minority-serving institutions, veterans, and displaced and
unemployed energy workers;
(2) make resources available to--
(A) minority-serving institutions, with the
objective of increasing the number of skilled minorities
and women trained to go into the energy and
manufacturing sectors;
(B) institutions that serve veterans, with the
objective of increasing the number veterans in the
energy industry by ensuring that veterans have the
credentials and training necessary to secure careers in
the energy industry; and
(C) institutions that serve displaced and unemployed
energy workers to increase the number of individuals
trained for jobs in the energy industry;
[[Page 135 STAT. 986]]
(3) encourage the energy industry to improve the
opportunities for students of minority-serving institutions,
veterans, and displaced and unemployed energy workers to
participate in internships, preapprenticeships, apprenticeships,
and cooperative work-study programs in the energy industry; and
(4) work with the National Laboratories to increase the
participation of underrepresented groups, veterans, and
displaced and unemployed energy workers in internships,
fellowships, training programs, and employment at the National
Laboratories.
(f) Term.--
(1) In general.--Subject to paragraph (2), the Board shall
terminate on September 30, 2026.
(2) Extensions.--The Secretary may renew the Board for 1 or
more 5-year periods by submitting, not later than the date
described in subsection (d), a report described in that
subsection that contains a determination by the Secretary that
the Board should be renewed.
TITLE III--FUELS AND TECHNOLOGY INFRASTRUCTURE INVESTMENTS
Subtitle A--Carbon Capture, Utilization, Storage, and Transportation
Infrastructure
SEC. 40301. <<NOTE: 42 USC 16292 note.>> FINDINGS.
Congress finds that--
(1) the industrial sector is integral to the economy of the
United States--
(A) providing millions of jobs and essential
products; and
(B) demonstrating global leadership in manufacturing
and innovation;
(2) carbon capture and storage technologies are necessary
for reducing hard-to-abate emissions from the industrial sector,
which emits nearly 25 percent of carbon dioxide emissions in the
United States;
(3) carbon removal and storage technologies, including
direct air capture, must be deployed at large-scale in the
coming decades to remove carbon dioxide directly from the
atmosphere;
(4) large-scale deployment of carbon capture, removal,
utilization, transport, and storage--
(A) is critical for achieving mid-century climate
goals; and
(B) will drive regional economic development,
technological innovation, and high-wage employment;
(5) carbon capture, removal, and utilization technologies
require a backbone system of shared carbon dioxide transport and
storage infrastructure to enable large-scale deployment, realize
economies of scale, and create an interconnected carbon
management market;
[[Page 135 STAT. 987]]
(6) carbon dioxide transport infrastructure and permanent
geological storage are proven and safe technologies with
existing Federal and State regulatory frameworks;
(7) carbon dioxide transport and storage infrastructure
share similar barriers to deployment previously faced by other
types of critical national infrastructure, such as high capital
costs and chicken-and-egg challenges, that require Federal and
State support, in combination with private investment, to be
overcome; and
(8) each State should take into consideration, with respect
to new carbon dioxide transportation infrastructure--
(A) qualifying the infrastructure as pollution
control devices under applicable laws (including
regulations) of the State; and
(B) establishing a waiver of ad valorem and property
taxes for the infrastructure for a period of not less
than 10 years.
SEC. 40302. CARBON UTILIZATION PROGRAM.
Section 969A of the Energy Policy Act of 2005 (42 U.S.C. 16298a) is
amended--
(1) in subsection (a)--
(A) by redesignating paragraphs (3) and (4) as
paragraphs (4) and (5), respectively; and
(B) by inserting after paragraph (2) the following:
``(3) to develop or obtain, in coordination with other
applicable Federal agencies and standard-setting organizations,
standards and certifications, as appropriate, to facilitate the
commercialization of the products and technologies described in
paragraph (2);'';
(2) in subsection (b)--
(A) by redesignating paragraph (2) as paragraph (3);
(B) by inserting after paragraph (1) the following:
``(2) Grant program.--
``(A) <<NOTE: Deadline.>> In general.--Not later
than 1 year after the date of enactment of the
Infrastructure Investment and Jobs Act, the Secretary
shall establish a program to provide grants to eligible
entities to use in accordance with subparagraph (D).
``(B) Eligible entities.--To be eligible to receive
a grant under this paragraph, an entity shall be--
``(i) a State;
``(ii) a unit of local government; or
``(iii) a public utility or agency.
``(C) Applications.--Eligible entities desiring a
grant under this paragraph shall submit to the Secretary
an application at such time, in such manner, and
containing such information as the Secretary determines
to be appropriate.
``(D) Use of funds.--An eligible entity shall use a
grant received under this paragraph to procure and use
commercial or industrial products that--
``(i) use or are derived from anthropogenic
carbon oxides; and
``(ii) demonstrate significant net reductions
in lifecycle greenhouse gas emissions compared to
incumbent technologies, processes, and
products.''; and
[[Page 135 STAT. 988]]
(C) in paragraph (3) (as so redesignated), by
striking ``paragraph (1)'' and inserting ``this
subsection''; and
(3) by striking subsection (d) and inserting the following:
``(d) <<NOTE: Time period.>> Authorization of Appropriations.--
There are authorized to be appropriated to the Secretary to carry out
this section--
``(1) $41,000,000 for fiscal year 2022;
``(2) $65,250,000 for fiscal year 2023;
``(3) $66,562,500 for fiscal year 2024;
``(4) $67,940,625 for fiscal year 2025; and
``(5) $69,387,656 for fiscal year 2026.''.
SEC. 40303. CARBON CAPTURE TECHNOLOGY PROGRAM.
Section 962 of the Energy Policy Act of 2005 (42 U.S.C. 16292) is
amended--
(1) in subsection (b)(2)--
(A) in subparagraph (C), by striking ``and'' at the
end;
(B) in subparagraph (D), by striking ``program.''
and inserting ``program for carbon capture technologies;
and''; and
(C) by adding at the end the following:
``(E) a front-end engineering and design program for
carbon dioxide transport infrastructure necessary to
enable deployment of carbon capture, utilization, and
storage technologies.''; and
(2) in subsection (d)(1)--
(A) in subparagraph (C), by striking ``and'' at the
end;
(B) in subparagraph (D), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following:
``(E) for activities under the front-end engineering
and design program described in subsection (b)(2)(E),
$100,000,000 for the period of fiscal years 2022 through
2026.''.
SEC. 40304. CARBON DIOXIDE TRANSPORTATION INFRASTRUCTURE FINANCE
AND INNOVATION.
(a) In General.--Title IX of the Energy Policy Act of 2005 (42
U.S.C. 16181 et seq.) is amended by adding at the end the following:
``Subtitle J--Carbon Dioxide Transportation Infrastructure Finance and
Innovation
``SEC. 999A. <<NOTE: 42 USC 16371.>> DEFINITIONS.
``In this subtitle:
``(1) CIFIA program.--The term `CIFIA program' means the
carbon dioxide transportation infrastructure finance and
innovation program established under section 999B(a).
``(2) Common carrier.--The term `common carrier' means a
transportation infrastructure operator or owner that--
``(A) publishes a publicly available tariff
containing the just and reasonable rates, terms, and
conditions of nondiscriminatory service; and
[[Page 135 STAT. 989]]
``(B) holds itself out to provide transportation
services to the public for a fee.
``(3) Contingent commitment.--The term `contingent
commitment' means a commitment to obligate funds from future
available budget authority that is--
``(A) contingent on those funds being made available
in law at a future date; and
``(B) not an obligation of the Federal Government.
``(4) Eligible project costs.--The term `eligible project
costs' means amounts substantially all of which are paid by, or
for the account of, an obligor in connection with a project,
including--
``(A) the cost of--
``(i) development-phase activities, including
planning, feasibility analysis, revenue
forecasting, environmental review, permitting,
preliminary engineering and design work, and other
preconstruction activities;
``(ii) construction, reconstruction,
rehabilitation, replacement, and acquisition of
real property (including land relating to the
project and improvements to land), environmental
mitigation, construction contingencies, and
acquisition and installation of equipment
(including labor); and
``(iii) capitalized interest necessary to meet
market requirements, reasonably required reserve
funds, capital issuance expenses, and other
carrying costs during construction; and
``(B) transaction costs associated with financing
the project, including--
``(i) the cost of legal counsel and technical
consultants; and
``(ii) any subsidy amount paid in accordance
with section 999B(c)(3)(B)(ii) or section
999C(b)(6)(B)(ii).
``(5) Federal credit instrument.--The term `Federal credit
instrument' means a secured loan or loan guarantee authorized to
be provided under the CIFIA program with respect to a project.
``(6) Lender.--The term `lender' means a qualified
institutional buyer (as defined in section 230.144A(a) of title
17, Code of Federal Regulations (or a successor regulation),
commonly known as Rule 144A(a) of the Securities and Exchange
Commission and issued under the Securities Act of 1933 (15
U.S.C. 77a et seq.)), that is not a Federal qualified
institutional buyer.
``(7) Letter of interest.--The term `letter of interest'
means a letter submitted by a potential applicant prior to an
application for credit assistance in a format prescribed by the
Secretary on the website of the CIFIA program that--
``(A) describes the project and the location,
purpose, and cost of the project;
``(B) outlines the proposed financial plan,
including the requested credit and grant assistance and
the proposed obligor;
``(C) provides a status of environmental review; and
``(D) provides information regarding satisfaction of
other eligibility requirements of the CIFIA program.
[[Page 135 STAT. 990]]
``(8) Loan guarantee.--The term `loan guarantee' means any
guarantee or other pledge by the Secretary to pay all or part of
the principal of, and interest on, a loan made to an obligor, or
debt obligation issued by an obligor, in each case funded by a
lender.
``(9) Master credit agreement.--The term `master credit
agreement' means a conditional agreement that--
``(A) is for the purpose of extending credit
assistance for--
``(i) a project of high priority under section
999B(c)(3)(A); or
``(ii) a project covered under section
999B(c)(3)(B);
``(B) does not provide for a current obligation of
Federal funds; and
``(C) would--
``(i) make a contingent commitment of a
Federal credit instrument or grant at a future
date, subject to--
``(I) the availability of future
funds being made available to carry out
the CIFIA program; and
``(II) the satisfaction of all
conditions for the provision of credit
assistance under the CIFIA program,
including section 999C(b);
``(ii) establish the maximum amounts and
general terms and conditions of the Federal credit
instruments or grants;
``(iii) identify the 1 or more revenue sources
that will secure the repayment of the Federal
credit instruments;
``(iv) provide for the obligation of funds for
the Federal credit instruments or grants after all
requirements have been met for the projects
subject to the agreement, including--
``(I) compliance with all applicable
requirements specified under the CIFIA
program, including sections 999B(d) and
999C(b)(1); and
``(II) the availability of funds to
carry out the CIFIA program; and
``(v) <<NOTE: Deadline.>> require that
contingent commitments shall result in a financial
close and obligation of credit or grant assistance
by not later than 4 years after the date of entry
into the agreement or release of the commitment,
as applicable, unless otherwise extended by the
Secretary.
``(10) Obligor.--The term `obligor' means a corporation,
partnership, joint venture, trust, non-Federal governmental
entity, agency, or instrumentality, or other entity that is
liable for payment of the principal of, or interest on, a
Federal credit instrument.
``(11) Produced in the united states.--The term `produced in
the United States', with respect to iron and steel, means that
all manufacturing processes for the iron and steel, including
the application of any coating, occurs within the United States.
``(12) Project.--The term `project' means a project for
common carrier carbon dioxide transportation infrastructure or
associated equipment, including pipeline, shipping, rail, or
[[Page 135 STAT. 991]]
other transportation infrastructure and associated equipment,
that will transport or handle carbon dioxide captured from
anthropogenic sources or ambient air, as the Secretary
determines to be appropriate.
``(13) Project obligation.--The term `project obligation'
means any note, bond, debenture, or other debt obligation issued
by an obligor in connection with the financing of a project,
other than a Federal credit instrument.
``(14) Secured loan.--The term `secured loan' means a direct
loan to an obligor or a debt obligation issued by an obligor and
purchased by the Secretary, in each case funded by the Secretary
in connection with the financing of a project under section
999C.
``(15) Subsidy amount.--The term `subsidy amount' means the
amount of budget authority sufficient to cover the estimated
long-term cost to the Federal Government of a Federal credit
instrument--
``(A) calculated on a net present value basis; and
``(B) excluding administrative costs and any
incidental effects on governmental receipts or outlays
in accordance with the Federal Credit Reform Act of 1990
(2 U.S.C. 661 et seq.).
``(16) Substantial completion.--The term `substantial
completion', with respect to a project, means the date--
``(A) on which the project commences transportation
of carbon dioxide; or
``(B) of a comparable event to the event described
in subparagraph (A), as determined by the Secretary and
specified in the project credit agreement.
``SEC. 999B. <<NOTE: 42 USC 16372.>> DETERMINATION OF ELIGIBILITY
AND PROJECT SELECTION.
``(a) Establishment of Program.--The Secretary shall establish and
carry out a carbon dioxide transportation infrastructure finance and
innovation program, under which the Secretary shall provide for eligible
projects in accordance with this subtitle--
``(1) a Federal credit instrument under section 999C;
``(2) a grant under section 999D; or
``(3) both a Federal credit instrument and a grant.
``(b) Eligibility.--
``(1) In general.--A project shall be eligible to receive a
Federal credit instrument or a grant under the CIFIA program
if--
``(A) the entity proposing to carry out the project
submits a letter of interest prior to submission of an
application under paragraph (3) for the project; and
``(B) the project meets the criteria described in
this subsection.
``(2) Creditworthiness.--
``(A) <<NOTE: Determination.>> In general.--Each
project and obligor that receives a Federal credit
instrument or a grant under the CIFIA program shall be
creditworthy, such that there exists a reasonable
prospect of repayment of the principal and interest on
the Federal credit instrument, as determined by the
Secretary under subparagraph (B).
``(B) Reasonable prospect of repayment.--The
Secretary shall base a determination of whether there is
a
[[Page 135 STAT. 992]]
reasonable prospect of repayment under subparagraph (A)
on a comprehensive evaluation of whether the obligor has
a reasonable prospect of repaying the Federal credit
instrument for the eligible project, including
evaluation of--
``(i) the strength of the contractual terms of
an eligible project (if available for the
applicable market segment);
``(ii) the forecast of noncontractual cash
flows supported by market projections from
reputable sources, as determined by the Secretary,
and cash sweeps or other structural enhancements;
``(iii) the projected financial strength of
the obligor--
``(I) at the time of loan close; and
``(II) throughout the loan term,
including after the project is
completed;
``(iv) the financial strength of the investors
and strategic partners of the obligor, if
applicable; and
``(v) other financial metrics and analyses
that are relied on by the private lending
community and nationally recognized credit rating
agencies, as determined appropriate by the
Secretary.
``(3) Applications.--To be eligible for assistance under the
CIFIA program, an obligor shall submit to the Secretary a
project application at such time, in such manner, and containing
such information as the Secretary determines to be appropriate.
``(4) Eligible project costs.--A project under the CIFIA
program shall have eligible project costs that are reasonably
anticipated to equal or exceed $100,000,000.
``(5) Revenue sources.--The applicable Federal credit
instrument shall be repayable, in whole or in part, from--
``(A) user fees;
``(B) payments owing to the obligor under a public-
private partnership; or
``(C) other revenue sources that also secure or fund
the project obligations.
``(6) Obligor will be identified later.--A State, local
government, agency, or instrumentality of a State or local
government, or a public authority, may submit to the Secretary
an application under paragraph (3), under which a private party
to a public-private partnership will be--
``(A) the obligor; and
``(B) identified at a later date through completion
of a procurement and selection of the private party.
``(7) Beneficial effects.--The Secretary shall determine
that financial assistance for each project under the CIFIA
program will--
``(A) attract public or private investment for the
project; or
``(B) enable the project to proceed at an earlier
date than the project would otherwise be able to proceed
or reduce the lifecycle costs (including debt service
costs) of the project.
``(8) <<NOTE: Deadline.>> Project readiness.--To be
eligible for assistance under the CIFIA program, the applicant
shall demonstrate a reasonable expectation that the contracting
process for
[[Page 135 STAT. 993]]
construction of the project can commence by not later than 90
days after the date on which a Federal credit instrument or
grant is obligated for the project under the CIFIA program.
``(c) Selection Among Eligible Projects.--
``(1) Establishment of application process.--The Secretary
shall establish an application process under which projects that
are eligible to receive assistance under subsection (b) may--
``(A) receive credit assistance on terms acceptable
to the Secretary, if adequate funds are available
(including any funds provided on behalf of an eligible
project under paragraph (3)(B)(ii)) to cover the subsidy
amount associated with the Federal credit instrument;
and
``(B) receive grants under section 999D if--
``(i) adequate funds are available to cover
the amount of the grant; and
``(ii) the Secretary determines that the
project is eligible under subsection (b).
``(2) Priority.--In selecting projects to receive credit
assistance under subsection (b), the Secretary shall give
priority to projects that--
``(A) are large-capacity, common carrier
infrastructure;
``(B) have demonstrated demand for use of the
infrastructure by associated projects that capture
carbon dioxide from anthropogenic sources or ambient
air;
``(C) enable geographical diversity in associated
projects that capture carbon dioxide from anthropogenic
sources or ambient air, with the goal of enabling
projects in all major carbon dioxide-emitting regions of
the United States; and
``(D) are sited within, or adjacent to, existing
pipeline or other linear infrastructure corridors, in a
manner that minimizes environmental disturbance and
other siting concerns.
``(3) Master credit agreements.--
``(A) Priority projects.--The Secretary may enter
into a master credit agreement for a project that the
Secretary determines--
``(i) will likely be eligible for credit
assistance under subsection (b), on obtaining--
``(I) additional commitments from
associated carbon capture projects to
use the project; or
``(II) all necessary permits and
approvals; and
``(ii) is a project of high priority, as
determined in accordance with the criteria
described in paragraph (2).
``(B) Adequate funding not available.--If the
Secretary fully obligates funding to eligible projects
for a fiscal year and adequate funding is not available
to fund a Federal credit instrument, a project sponsor
(including a unit of State or local government) of an
eligible project may elect--
``(i)(I) to enter into a master credit
agreement in lieu of the Federal credit
instrument; and
``(II) to wait to execute a Federal credit
instrument until the fiscal year for which
additional funds are available to receive credit
assistance; or
[[Page 135 STAT. 994]]
``(ii) if the lack of adequate funding is
solely with respect to amounts available for the
subsidy amount, to pay the subsidy amount to fund
the Federal credit instrument.
``(d) Federal Requirements.--
``(1) In general.--Nothing in this subtitle supersedes the
applicability of any other requirement under Federal law
(including regulations).
``(2) NEPA.--Federal credit assistance may only be provided
under this subtitle for a project that has received an
environmental categorical exclusion, a finding of no significant
impact, or a record of decision under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.).
``(e) Use of American Iron, Steel, and Manufactured Goods.--
``(1) In general.--Except as provided in paragraph (2), no
Federal credit instrument or grant provided under the CIFIA
program shall be made available for a project unless all iron,
steel, and manufactured goods used in the project are produced
in the United States.
``(2) Exceptions.--Paragraph (1) shall not apply in any case
or category of cases with respect to which the Secretary
determines that--
``(A) the application would be inconsistent with the
public interest;
``(B) iron, steel, or a relevant manufactured good
is not produced in the United States in sufficient and
reasonably available quantity, or of a satisfactory
quality; or
``(C) the inclusion of iron, steel, or a
manufactured good produced in the United States will
increase the cost of the overall project by more than 25
percent.
``(3) Waivers.--If the Secretary receives a request for a
waiver under this subsection, the Secretary shall--
``(A) <<NOTE: Public information.>> make available
to the public a copy of the request, together with any
information available to the Secretary concerning the
request--
``(i) on an informal basis; and
``(ii) by electronic means, including on the
official public website of the Department;
``(B) allow for informal public comment relating to
the request for not fewer than 15 days before making a
determination with respect to the request; and
``(C) approve or disapprove the request by not later
than the date that is 120 days after the date of receipt
of the request.
``(4) Applicability.--This subsection shall be applied in
accordance with any applicable obligations of the United States
under international agreements.
``(f) Application Processing Procedures.--
``(1) <<NOTE: Deadline.>> Notice of complete application.--
Not later than 30 days after the date of receipt of an
application under this section, the Secretary shall provide to
the applicant a written notice describing whether--
``(A) the application is complete; or
``(B) additional information or materials are needed
to complete the application.
[[Page 135 STAT. 995]]
``(2) <<NOTE: Deadline.>> Approval or denial of
application.--Not later than 60 days after the date of issuance
of a written notice under paragraph (1), the Secretary shall
provide to the applicant a written notice informing the
applicant whether the Secretary has approved or disapproved the
application.
``(g) Development-phase Activities.--Any Federal credit instrument
provided under the CIFIA program may be used to finance up to 100
percent of the cost of development-phase activities, as described in
section 999A(4)(A).
``SEC. 999C. <<NOTE: 42 USC 16373.>> SECURED LOANS.
``(a) Agreements.--
``(1) In general.--Subject to paragraph (2), the Secretary
may enter into agreements with 1 or more obligors to make
secured loans, the proceeds of which--
``(A) shall be used--
``(i) to finance eligible project costs of any
project selected under section 999B;
``(ii) to refinance interim construction
financing of eligible project costs of any project
selected under section 999B; or
``(iii) to refinance long-term project
obligations or Federal credit instruments, if the
refinancing provides additional funding capacity
for the completion, enhancement, or expansion of
any project that--
``(I) is selected under section
999B; or
``(II) otherwise meets the
requirements of that section; and
``(B) may be used in accordance with subsection
(b)(7) to pay any fees collected by the Secretary under
subparagraph (B) of that subsection.
``(2) <<NOTE: Consultation.>> Risk assessment.--Before
entering into an agreement under this subsection, the Secretary,
in consultation with the Director of the Office of Management
and Budget, shall determine an appropriate credit subsidy amount
for each secured loan, taking into account all relevant factors,
including the creditworthiness factors under section 999B(b)(2).
``(b) Terms and Limitations.--
``(1) In general.--A secured loan under this section with
respect to a project shall be on such terms and conditions and
contain such covenants, representations, warranties, and
requirements (including requirements for audits) as the
Secretary determines to be appropriate.
``(2) Maximum amount.--The amount of a secured loan under
this section shall not exceed an amount equal to 80 percent of
the reasonably anticipated eligible project costs.
``(3) Payment.--A secured loan under this section shall be
payable, in whole or in part, from--
``(A) user fees;
``(B) payments owing to the obligor under a public-
private partnership; or
``(C) other revenue sources that also secure or fund
the project obligations.
``(4) Interest rate.--
``(A) In general.--Except as provided in
subparagraph (B), the interest rate on a secured loan
under this section shall be not less than the interest
rate reflected in the
[[Page 135 STAT. 996]]
yield on United States Treasury securities of a similar
maturity to the maturity of the secured loan on the date
of execution of the loan agreement.
``(B) Limited buydowns.--
``(i) In general.--Subject to clause (iii),
the Secretary may lower the interest rate of a
secured loan under this section to not lower than
the interest rate described in clause (ii), if the
interest rate has increased during the period--
``(I) beginning on, as applicable--
``(aa) the date on which an
application acceptable to the
Secretary is submitted for the
applicable project; or
``(bb) the date on which the
Secretary entered into a master
credit agreement for the
applicable project; and
``(II) ending on the date on which
the Secretary executes the Federal
credit instrument for the applicable
project that is the subject of the
secured loan.
``(ii) Description of interest rate.--The
interest rate referred to in clause (i) is the
interest rate reflected in the yield on United
States Treasury securities of a similar maturity
to the maturity of the secured loan in effect, as
applicable to the project that is the subject of
the secured loan, on--
``(I) the date described in clause
(i)(I)(aa); or
``(II) the date described in clause
(i)(I)(bb).
``(iii) Limitation.--The interest rate of a
secured loan may not be lowered pursuant to clause
(i) by more than 1\1/2\ percentage points (150
basis points).
``(5) Maturity date.--The final maturity date of the secured
loan shall be the earlier of--
``(A) the date that is 35 years after the date of
substantial completion of the project; and
``(B) if the useful life of the capital asset being
financed is of a lesser period, the date that is the end
of the useful life of the asset.
``(6) Nonsubordination.--
``(A) In general.--Except as provided in
subparagraph (B), the secured loan shall not be
subordinated to the claims of any holder of project
obligations in the event of bankruptcy, insolvency, or
liquidation of the obligor.
``(B) Preexisting indenture.--
``(i) <<NOTE: Waiver authority.>> In
general.--The Secretary shall waive the
requirement under subparagraph (A) for a public
agency borrower that is financing ongoing capital
programs and has outstanding senior bonds under a
preexisting indenture, if--
``(I) the secured loan is rated in
the A category or higher; and
``(II) the secured loan is secured
and payable from pledged revenues not
affected by project performance, such as
a tax-backed revenue pledge or a system-
backed pledge of project revenues.
``(ii) Limitation.--If the Secretary waives
the nonsubordination requirement under this
subparagraph--
[[Page 135 STAT. 997]]
``(I) the maximum credit subsidy
amount to be paid by the Federal
Government shall be not more than 10
percent of the principal amount of the
secured loan; and
``(II) the obligor shall be
responsible for paying the remainder of
the subsidy amount, if any.
``(7) Fees.--
``(A) In general.--The Secretary may collect a fee
on or after the date of the financial close of a Federal
credit instrument under this section in an amount equal
to not more than $3,000,000 to cover all or a portion of
the costs to the Federal Government of providing the
Federal credit instrument.
``(B) Amendment to add cost of fees to secured
loan.--If the Secretary collects a fee from an obligor
under subparagraph (A) to cover all or a portion of the
costs to the Federal Government of providing a secured
loan, the obligor and the Secretary may amend the terms
of the secured loan to add to the principal of the
secured loan an amount equal to the amount of the fee
collected by the Secretary.
``(8) Maximum federal involvement.--The total Federal
assistance provided for a project under the CIFIA program,
including any grant provided under section 999D, shall not
exceed an amount equal to 80 percent of the eligible project
costs.
``(c) Repayment.--
``(1) Schedule.--The Secretary shall establish a repayment
schedule for each secured loan under this section based on--
``(A) the projected cash flow from project revenues
and other repayment sources; and
``(B) the useful life of the project.
``(2) <<NOTE: Deadline.>> Commencement.--Scheduled loan
repayments of principal or interest on a secured loan under this
section shall commence not later than 5 years after the date of
substantial completion of the project.
``(3) Deferred payments.--
``(A) In general.--If, at any time after the date of
substantial completion of a project, the project is
unable to generate sufficient revenues in excess of
reasonable and necessary operating expenses to pay the
scheduled loan repayments of principal and interest on
the secured loan, the Secretary may, subject to
subparagraph (C), allow the obligor to add unpaid
principal and interest to the outstanding balance of the
secured loan.
``(B) Interest.--Any payment deferred under
subparagraph (A) shall--
``(i) continue to accrue interest in
accordance with subsection (b)(4) until fully
repaid; and
``(ii) be scheduled to be amortized over the
remaining term of the loan.
``(C) Criteria.--
``(i) In general.--Any payment deferral under
subparagraph (A) shall be contingent on the
project meeting criteria established by the
Secretary.
[[Page 135 STAT. 998]]
``(ii) Repayment standards.--The criteria
established pursuant to clause (i) shall include
standards for the reasonable prospect of
repayment.
``(4) Prepayment.--
``(A) Use of excess revenues.--Any excess revenues
that remain after satisfying scheduled debt service
requirements on the project obligations and secured loan
and all deposit requirements under the terms of any
trust agreement, bond resolution, or similar agreement
securing project obligations may be applied annually to
prepay the secured loan, without penalty.
``(B) Use of proceeds of refinancing.--A secured
loan may be prepaid at any time without penalty from the
proceeds of refinancing from non-Federal funding
sources.
``(d) Sale of Secured Loans.--
``(1) In general.--Subject to paragraph (2), as soon as
practicable after substantial completion of a project and after
notifying the obligor, the Secretary may sell to another entity
or reoffer into the capital markets a secured loan for the
project if the Secretary determines that the sale or reoffering
can be made on favorable terms.
``(2) Consent of obligor.--In making a sale or reoffering
under paragraph (1), the Secretary may not change any original
term or condition of the secured loan without the written
consent of the obligor.
``(e) Loan Guarantees.--
``(1) In general.--The Secretary may provide a loan
guarantee to a lender in lieu of making a secured loan under
this section if the Secretary determines that the budgetary cost
of the loan guarantee is substantially the same as, or less
than, that of a secured loan.
``(2) Terms.--The terms of a loan guarantee under paragraph
(1) shall be consistent with the terms required under this
section for a secured loan, except that the rate on the
guaranteed loan and any prepayment features shall be negotiated
between the obligor and the lender, with the consent of the
Secretary.
``SEC. 999D. <<NOTE: 42 USC 16374.>> FUTURE GROWTH GRANTS.
``(a) Establishment.--The Secretary may provide grants to pay a
portion of the cost differential, with respect to any projected future
increase in demand for carbon dioxide transportation by an
infrastructure project described in subsection (b), between--
``(1) the cost of constructing the infrastructure asset with
the capacity to transport an increased flow rate of carbon
dioxide, as made practicable under the project; and
``(2) the cost of constructing the infrastructure asset with
the capacity to transport carbon dioxide at the flow rate
initially required, based on commitments for the use of the
asset.
``(b) Eligibility.--To be eligible to receive a grant under this
section, an entity shall--
``(1) be eligible to receive credit assistance under the
CIFIA program;
``(2) carry out, or propose to carry out, a project for
large-capacity, common carrier infrastructure with a probable
future increase in demand for carbon dioxide transportation; and
[[Page 135 STAT. 999]]
``(3) submit to the Secretary an application at such time,
in such manner, and containing such information as the Secretary
determines to be appropriate.
``(c) Use of Funds.--A grant provided under this section may be used
only to pay the costs of any additional flow rate capacity of a carbon
dioxide transportation infrastructure asset that the project sponsor
demonstrates to the satisfaction of the Secretary can reasonably be
expected to be used during the 20-year period beginning on the date of
substantial completion of the project described in subsection (b)(2).
``(d) Maximum Amount.--The amount of a grant provided under this
section may not exceed an amount equal to 80 percent of the cost of the
additional capacity described in subsection (a).
``SEC. 999E. <<NOTE: 42 USC 16375.>> PROGRAM ADMINISTRATION.
``(a) Requirement.--The Secretary shall establish a uniform system
to service the Federal credit instruments provided under the CIFIA
program.
``(b) Fees.--If funding sufficient to cover the costs of services of
expert firms retained pursuant to subsection (d) and all or a portion of
the costs to the Federal Government of servicing the Federal credit
instruments is not provided in an appropriations Act for a fiscal year,
the Secretary, during that fiscal year, may collect fees on or after the
date of the financial close of a Federal credit instrument provided
under the CIFIA program at a level that is sufficient to cover those
costs.
``(c) Servicer.--
``(1) In general.--The Secretary may appoint a financial
entity to assist the Secretary in servicing the Federal credit
instruments.
``(2) Duties.--A servicer appointed under paragraph (1)
shall act as the agent for the Secretary.
``(3) Fee.--A servicer appointed under paragraph (1) shall
receive a servicing fee, subject to approval by the Secretary.
``(d) Assistance From Expert Firms.--The Secretary may retain the
services of expert firms, including counsel, in the field of municipal
and project finance to assist in the underwriting and servicing of
Federal credit instruments.
``(e) Expedited Processing.--The Secretary shall implement
procedures and measures to economize the time and cost involved in
obtaining approval and the issuance of credit assistance under the CIFIA
program.
``SEC. 999F. <<NOTE: 42 USC 16376.>> STATE AND LOCAL PERMITS.
``The provision of credit assistance under the CIFIA program with
respect to a project shall not--
``(1) relieve any recipient of the assistance of any project
obligation to obtain any required State or local permit or
approval with respect to the project;
``(2) limit the right of any unit of State or local
government to approve or regulate any rate of return on private
equity invested in the project; or
``(3) otherwise supersede any State or local law (including
any regulation) applicable to the construction or operation of
the project.
[[Page 135 STAT. 1000]]
``SEC. 999G. <<NOTE: 42 USC 16377.>> REGULATIONS.
``The Secretary may promulgate such regulations as the Secretary
determines to be appropriate to carry out the CIFIA program.
``SEC. 999H. <<NOTE: 42 USC 16378.>> AUTHORIZATION OF
APPROPRIATIONS; CONTRACT AUTHORITY.
``(a) Authorization of Appropriations.--
``(1) <<NOTE: Time periods.>> In general.--There are
authorized to be appropriated to the Secretary to carry out this
subtitle--
``(A) $600,000,000 for each of fiscal years 2022 and
2023; and
``(B) $300,000,000 for each of fiscal years 2024
through 2026.
``(2) Spending and borrowing authority.--Spending and
borrowing authority for a fiscal year to enter into Federal
credit instruments shall be promptly apportioned to the
Secretary on a fiscal-year basis.
``(3) Reestimates.--If the subsidy amount of a Federal
credit instrument is reestimated, the cost increase or decrease
of the reestimate shall be borne by, or benefit, the general
fund of the Treasury, consistent with section 504(f) of the
Congressional Budget Act of 1974 (2 U.S.C. 661c(f)).
``(4) Administrative costs.--Of the amounts made available
to carry out the CIFIA program, the Secretary may use not more
than $9,000,000 (as indexed for United States dollar inflation
from the date of enactment of the Infrastructure Investment and
Jobs Act (as measured by the Consumer Price Index)) each fiscal
year for the administration of the CIFIA program.
``(b) Contract Authority.--
``(1) In general.--Notwithstanding any other provision of
law, execution of a term sheet by the Secretary of a Federal
credit instrument that uses amounts made available under the
CIFIA program shall impose on the United States a contractual
obligation to fund the Federal credit investment.
``(2) Availability.--Amounts made available to carry out the
CIFIA program for a fiscal year shall be available for
obligation on October 1 of the fiscal year.''.
(b) Technical Amendments.--The table of contents for the Energy
Policy Act of 2005 (Public Law 109-58; 119 Stat. 600) is amended--
(1) in the item relating to section 917, by striking
``Efficiency'';
(2) by striking the items relating to subtitle J of title IX
(relating to ultra-deepwater and unconventional natural gas and
other petroleum resources) and inserting the following:
``Subtitle J--Carbon Dioxide Transportation Infrastructure Finance and
Innovation
``Sec. 999A. Definitions.
``Sec. 999B. Determination of eligibility and project selection.
``Sec. 999C. Secured loans.
``Sec. 999D. Future growth grants.
``Sec. 999E. Program administration.
``Sec. 999F. State and local permits.
``Sec. 999G. Regulations.
``Sec. 999H. Authorization of appropriations; contract authority.''; and
(3) by striking the item relating to section 969B and
inserting the following:
``Sec. 969B. High efficiency turbines.''.
[[Page 135 STAT. 1001]]
SEC. 40305. CARBON STORAGE VALIDATION AND TESTING.
Section 963 of the Energy Policy Act of 2005 (42 U.S.C. 16293) is
amended--
(1) in subsection (a)(1)(B), by striking ``over a 10-year
period'';
(2) in subsection (b)--
(A) in paragraph (1), by striking ``and
demonstration'' and inserting ``demonstration, and
commercialization''; and
(B) in paragraph (2)--
(i) in subparagraph (G), by striking ``and''
at the end;
(ii) in subparagraph (H), by striking the
period at the end and inserting ``; and''; and
(iii) by adding at the end the following:
``(I) evaluating the quantity,
location, and timing of geologic carbon
storage deployment that may be needed,
and developing strategies and resources
to enable the deployment.'';
(3) by redesignating subsections (e) through (g) as
subsections (f) through (h), respectively;
(4) by inserting after subsection (d) the following:
``(e) Large-scale Carbon Storage Commercialization Program.--
``(1) In general.--The Secretary shall establish a
commercialization program under which the Secretary shall
provide funding for the development of new or expanded
commercial large-scale carbon sequestration projects and
associated carbon dioxide transport infrastructure, including
funding for the feasibility, site characterization, permitting,
and construction stages of project development.
``(2) Applications; selection.--
``(A) In general.--To be eligible to enter into an
agreement with the Secretary for funding under paragraph
(1), an entity shall submit to the Secretary an
application at such time, in such manner, and containing
such information as the Secretary determines to be
appropriate.
``(B) Application process.--The Secretary shall
establish an application process that, to the maximum
extent practicable--
``(i) is open to projects at any stage of
development described in paragraph (1); and
``(ii) facilitates expeditious development of
projects described in that paragraph.
``(C) Project selection.--In selecting projects for
funding under paragraph (1), the Secretary shall give
priority to--
``(i) projects with substantial carbon dioxide
storage capacity; or
``(ii) projects that will store carbon dioxide
from multiple carbon capture facilities.'';
(5) in subsection (f) (as so redesignated), in paragraph
(1), by inserting ``with respect to the research, development,
demonstration program components described in subsections (b)
through (d)'' before ``give preference''; and
(6) by striking subsection (h) (as so redesignated) and
inserting the following:
[[Page 135 STAT. 1002]]
``(h) <<NOTE: Time period.>> Authorization of Appropriations.--
There is authorized to be appropriated to the Secretary to carry out
this section $2,500,000,000 for the period of fiscal years 2022 through
2026.''.
SEC. 40306. <<NOTE: Time period. 42 USC 300h-9.>> SECURE GEOLOGIC
STORAGE PERMITTING.
(a) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Class vi well.--The term ``Class VI well'' means a well
described in section 144.6(f) of title 40, Code of Federal
Regulations (or successor regulations).
(b) Authorization of Appropriations for Geologic Sequestration
Permitting.--There is authorized to be appropriated to the Administrator
for the permitting of Class VI wells by the Administrator for the
injection of carbon dioxide for the purpose of geologic sequestration in
accordance with the requirements of the Safe Drinking Water Act (42
U.S.C. 300f et seq.) and the final rule of the Administrator entitled
``Federal Requirements Under the Underground Injection Control (UIC)
Program for Carbon Dioxide (CO2) Geologic Sequestration (GS) Wells'' (75
Fed. Reg. 77230 (December 10, 2010)), $5,000,000 for each of fiscal
years 2022 through 2026.
(c) State Permitting Program Grants.--
(1) Establishment.--The Administrator shall award grants to
States that, pursuant to section 1422 of the Safe Drinking Water
Act (42 U.S.C. 300h-1), receive the approval of the
Administrator for a State underground injection control program
for permitting Class VI wells for the injection of carbon
dioxide.
(2) Use of funds.--A State that receives a grant under
paragraph (1) shall use the amounts received under the grant to
defray the expenses of the State related to the establishment
and operation of a State underground injection control program
described in paragraph (1).
(3) Authorization of appropriations.--There is authorized to
be appropriated to the Administrator to carry out this
subsection $50,000,000 for the period of fiscal years 2022
through 2026.
SEC. 40307. GEOLOGIC CARBON SEQUESTRATION ON THE OUTER CONTINENTAL
SHELF.
(a) Definitions.--Section 2 of the Outer Continental Shelf Lands Act
(43 U.S.C. 1331) is amended--
(1) in the matter preceding subsection (a), by striking
``When used in this Act--'' and inserting ``In this Act:'';
(2) in each subsection, by inserting a subsection heading,
the text of which is comprised of the term defined in the
subsection;
(3) by striking the semicolon at the end of each subsection
(other than subsection (q)) and ``; and'' at the end of
subsection (p) and inserting a period; and
(4) by adding at the end the following:
``(r) Carbon Dioxide Stream.--
``(1) In general.--The term `carbon dioxide stream' means
carbon dioxide that--
``(A) has been captured; and
``(B) consists overwhelmingly of--
[[Page 135 STAT. 1003]]
``(i) carbon dioxide plus incidental
associated substances derived from the source
material or capture process; and
``(ii) any substances added to the stream for
the purpose of enabling or improving the injection
process.
``(2) Exclusions.--The term `carbon dioxide stream' does not
include additional waste or other matter added to the carbon
dioxide stream for the purpose of disposal.
``(s) Carbon Sequestration.--The term `carbon sequestration' means
the act of storing carbon dioxide that has been removed from the
atmosphere or captured through physical, chemical, or biological
processes that can prevent the carbon dioxide from reaching the
atmosphere.''.
(b) Leases, Easements, or Rights-of-way for Energy and Related
Purposes.--Section 8(p)(1) of the Outer Continental Shelf Lands Act (43
U.S.C. 1337(p)(1)) is amended--
(1) in subparagraph (C), by striking ``or'' after the
semicolon;
(2) in subparagraph (D), by striking the period at the end
and inserting ``; or''; and
(3) by adding at the end the following:
``(E) provide for, support, or are directly related
to the injection of a carbon dioxide stream into sub-
seabed geologic formations for the purpose of long-term
carbon sequestration.''.
(c) <<NOTE: 43 USC 1337 note.>> Clarification.--A carbon dioxide
stream injected for the purpose of carbon sequestration under
subparagraph (E) of section 8(p)(1) of the Outer Continental Shelf Lands
Act (43 U.S.C. 1337(p)(1)) shall not be considered to be material (as
defined in section 3 of the Marine Protection, Research, and Sanctuaries
Act of 1972 (33 U.S.C. 1402)) for purposes of that Act (33 U.S.C. 1401
et seq.).
(d) <<NOTE: Deadline. 43 USC 1331 note.>> Regulations.--Not later
than 1 year after the date of enactment of this Act, the Secretary of
the Interior shall promulgate regulations to carry out the amendments
made by this section.
SEC. 40308. CARBON REMOVAL.
(a) In General.--Section 969D of the Energy Policy Act of 2005 (42
U.S.C. 16298d) is amended--
(1) by redesignating subsection (j) as subsection (k); and
(2) by inserting after subsection (i) the following:
``(j) Regional Direct Air Capture Hubs.--
``(1) Definitions.--In this subsection:
``(A) Eligible project.--The term `eligible project'
means a direct air capture project or a component
project of a regional direct air capture hub.
``(B) Regional direct air capture hub.--The term
`regional direct air capture hub' means a network of
direct air capture projects, potential carbon dioxide
utilization off-takers, connective carbon dioxide
transport infrastructure, subsurface resources, and
sequestration infrastructure located within a region.
``(2) Establishment of program.--
``(A) In general.--The Secretary shall establish a
program under which the Secretary shall provide funding
for eligible projects that contribute to the development
of 4
[[Page 135 STAT. 1004]]
regional direct air capture hubs described in
subparagraph (B).
``(B) Regional direct air capture hubs.--Each of the
4 regional direct air capture hubs developed under the
program under subparagraph (A) shall be a regional
direct air capture hub that--
``(i) facilitates the deployment of direct air
capture projects;
``(ii) has the capacity to capture and
sequester, utilize, or sequester and utilize at
least 1,000,000 metric tons of carbon dioxide from
the atmosphere annually from a single unit or
multiple interconnected units;
``(iii) demonstrates the capture, processing,
delivery, and sequestration or end-use of captured
carbon; and
``(iv) could be developed into a regional or
interregional carbon network to facilitate
sequestration or carbon utilization.
``(3) Selection of projects.--
``(A) Solicitation of proposals.--
``(i) <<NOTE: Deadline.>> In general.--Not
later than 180 days after the date of enactment of
the Infrastructure Investment and Jobs Act, the
Secretary shall solicit applications for funding
for eligible projects.
``(ii) Additional solicitations.--The
Secretary shall solicit applications for funding
for eligible projects on a recurring basis after
the first round of applications is received under
clause (i) until all amounts appropriated to carry
out this subsection are expended.
``(B) <<NOTE: Deadline.>> Selection of projects for
the development of regional direct air capture hubs.--
Not later than 3 years after the date of the deadline
for the submission of proposals under subparagraph
(A)(i), the Secretary shall select eligible projects
described in paragraph (2)(A).
``(C) Criteria.--The Secretary shall select eligible
projects under subparagraph (B) using the following
criteria:
``(i) Carbon intensity of local industry.--To
the maximum extent practicable, each eligible
project shall be located in a region with--
``(I) existing carbon-intensive fuel
production or industrial capacity; or
``(II) <<NOTE: Time period.>>
carbon-intensive fuel production or
industrial capacity that has retired or
closed in the preceding 10 years.
``(ii) Geographic diversity.--To the maximum
extent practicable, eligible projects shall
contribute to the development of regional direct
air capture hubs located in different regions of
the United States.
``(iii) Carbon potential.--To the maximum
extent practicable, eligible projects shall
contribute to the development of regional direct
air capture hubs located in regions with high
potential for carbon sequestration or utilization.
[[Page 135 STAT. 1005]]
``(iv) Hubs in fossil-producing regions.--To
the maximum extent practicable, eligible projects
shall contribute to the development of at least 2
regional direct air capture hubs located in
economically distressed communities in the regions
of the United States with high levels of coal,
oil, or natural gas resources.
``(v) Scalability.--The Secretary shall give
priority to eligible projects that, as compared to
other eligible projects, will contribute to the
development of regional direct air capture hubs
with larger initial capacity, greater potential
for expansion, and lower levelized cost per ton of
carbon dioxide removed from the atmosphere.
``(vi) Employment.--The Secretary shall give
priority to eligible projects that are likely to
create opportunities for skilled training and
long-term employment to the greatest number of
residents of the region.
``(vii) Additional criteria.--The Secretary
may take into consideration other criteria that,
in the judgment of the Secretary, are necessary or
appropriate to carry out this subsection.
``(D) Coordination.--To the maximum extent
practicable, in carrying out the program under this
subsection, the Secretary shall take into account and
coordinate with activities of the carbon capture
technology program established under section 962(b)(1),
the carbon storage validation and testing program
established under section 963(b)(1), and the CIFIA
program established under section 999B(a) such that
funding from each of the programs is leveraged to
contribute toward the development of integrated regional
and interregional carbon capture, removal, transport,
sequestration, and utilization networks.
``(E) <<NOTE: Grants. Contracts.>> Funding of
eligible projects.--The Secretary may make grants to, or
enter into cooperative agreements or contracts with,
each eligible project selected under subparagraph (B) to
accelerate commercialization of, and demonstrate the
removal, processing, transport, sequestration, and
utilization of, carbon dioxide captured from the
atmosphere.
``(4) <<NOTE: Time period.>> Authorization of
appropriations.--There is authorized to be appropriated to the
Secretary to carry out this subsection $3,500,000,000 for the
period of fiscal years 2022 through 2026, to remain available
until expended.''.
Subtitle B--Hydrogen Research and Development
SEC. 40311. <<NOTE: 42 USC 16151 note.>> FINDINGS; PURPOSE.
(a) Findings.--Congress finds that--
(1) hydrogen plays a critical part in the comprehensive
energy portfolio of the United States;
(2) the use of the hydrogen resources of the United States--
(A) promotes energy security and resilience; and
[[Page 135 STAT. 1006]]
(B) provides economic value and environmental
benefits for diverse applications across multiple
sectors of the economy; and
(3) hydrogen can be produced from a variety of domestically
available clean energy sources, including--
(A) renewable energy resources, including biomass;
(B) fossil fuels with carbon capture, utilization,
and storage; and
(C) nuclear power.
(b) Purpose.--The purpose of this subtitle is to accelerate
research, development, demonstration, and deployment of hydrogen from
clean energy sources by--
(1) providing a statutory definition for the term ``clean
hydrogen'';
(2) establishing a clean hydrogen strategy and roadmap for
the United States;
(3) establishing a clearing house for clean hydrogen program
information at the National Energy Technology Laboratory;
(4) developing a robust clean hydrogen supply chain and
workforce by prioritizing clean hydrogen demonstration projects
in major shale gas regions;
(5) establishing regional clean hydrogen hubs; and
(6) authorizing appropriations to carry out the Department
of Energy Hydrogen Program Plan, dated November 2020, developed
pursuant to title VIII of the Energy Policy Act of 2005 (42
U.S.C. 16151 et seq.).
SEC. 40312. DEFINITIONS.
Section 803 of the Energy Policy Act of 2005 (42 U.S.C. 16152) is
amended--
(1) in paragraph (5), by striking the paragraph designation
and heading and all that follows through ``when'' in the matter
preceding subparagraph (A) and inserting the following:
``(5) Portable; storage.--The terms `portable' and
`storage', when'';
(2) by redesignating paragraphs (1) through (7) as
paragraphs (2) through (8), respectively; and
(3) by inserting before paragraph (2) (as so redesignated)
the following:
``(1) Clean hydrogen; hydrogen.--The terms `clean hydrogen'
and `hydrogen' mean hydrogen produced in compliance with the
greenhouse gas emissions standard established under section
822(a), including production from any fuel source.''.
SEC. 40313. CLEAN HYDROGEN RESEARCH AND DEVELOPMENT PROGRAM.
(a) In General.--Section 805 of the Energy Policy Act of 2005 (42
U.S. 16154) is amended--
(1) in the section heading, by striking ``programs'' and
inserting ``clean hydrogen research and development program'';
(2) in subsection (a)--
(A) by striking ``research and development program''
and inserting ``crosscutting research and development
program (referred to in this section as the
`program')''; and
(B) by inserting ``processing,'' after
``production,'';
[[Page 135 STAT. 1007]]
(3) by striking subsection (b) and inserting the following:
``(b) Goals.--The goals of the program shall be--
``(1) to advance research and development to demonstrate and
commercialize the use of clean hydrogen in the transportation,
utility, industrial, commercial, and residential sectors; and
``(2) to demonstrate a standard of clean hydrogen production
in the transportation, utility, industrial, commercial, and
residential sectors by 2040.'';
(4) in subsection (c)(3), by striking ``renewable fuels and
biofuels'' and inserting ``fossil fuels with carbon capture,
utilization, and sequestration, renewable fuels, biofuels, and
nuclear energy'';
(5) by striking subsection (e) and inserting the following:
``(e) Activities.--In carrying out the program, the Secretary, in
partnership with the private sector, shall conduct activities to advance
and support--
``(1) the establishment of a series of technology cost goals
oriented toward achieving the standard of clean hydrogen
production developed under section 822(a);
``(2) the production of clean hydrogen from diverse energy
sources, including--
``(A) fossil fuels with carbon capture, utilization,
and sequestration;
``(B) hydrogen-carrier fuels (including ethanol and
methanol);
``(C) renewable energy resources, including biomass;
``(D) nuclear energy; and
``(E) any other methods the Secretary determines to
be appropriate;
``(3) the use of clean hydrogen for commercial, industrial,
and residential electric power generation;
``(4) the use of clean hydrogen in industrial applications,
including steelmaking, cement, chemical feedstocks, and process
heat;
``(5) the use of clean hydrogen for use as a fuel source for
both residential and commercial comfort heating and hot water
requirements;
``(6) the safe and efficient delivery of hydrogen or
hydrogen-carrier fuels, including--
``(A) transmission by pipelines, including
retrofitting the existing natural gas transportation
infrastructure system to enable a transition to
transport and deliver increasing levels of clean
hydrogen, clean hydrogen blends, or clean hydrogen
carriers;
``(B) tanks and other distribution methods; and
``(C) convenient and economic refueling of vehicles,
locomotives, maritime vessels, or planes--
``(i) at central refueling stations; or
``(ii) through distributed onsite generation;
``(7) advanced vehicle, locomotive, maritime vessel, or
plane technologies, including--
``(A) engine and emission control systems;
``(B) energy storage, electric propulsion, and
hybrid systems;
``(C) automotive, locomotive, maritime vessel, or
plane materials; and
[[Page 135 STAT. 1008]]
``(D) other advanced vehicle, locomotive, maritime
vessel, or plane technologies;
``(8) storage of hydrogen or hydrogen-carrier fuels,
including the development of materials for safe and economic
storage in gaseous, liquid, or solid form;
``(9) the development of safe, durable, affordable, and
efficient fuel cells, including fuel-flexible fuel cell power
systems, improved manufacturing processes, high-temperature
membranes, cost-effective fuel processing for natural gas, fuel
cell stack and system reliability, low-temperature operation,
and cold start capability;
``(10) the ability of domestic clean hydrogen equipment
manufacturers to manufacture commercially available competitive
technologies in the United States;
``(11) the use of clean hydrogen in the transportation
sector, including in light-, medium-, and heavy-duty vehicles,
rail transport, aviation, and maritime applications; and
``(12) <<NOTE: Coordination.>> in coordination with
relevant agencies, the development of appropriate, uniform codes
and standards for the safe and consistent deployment and
commercialization of clean hydrogen production, processing,
delivery, and end-use technologies.''; and
(6) by adding at the end the following:
``(j) <<NOTE: Deadline. Time periods.>> Targets.--Not later than
180 days after the date of enactment of the Infrastructure Investment
and Jobs Act, the Secretary shall establish targets for the program to
address near-term (up to 2 years), mid-term (up to 7 years), and long-
term (up to 15 years) challenges to the advancement of clean hydrogen
systems and technologies.''.
(b) Conforming Amendment.--The table of contents for the Energy
Policy Act of 2005 (Public Law 109-58; 119 Stat. 599) is amended by
striking the item relating to section 805 and inserting the following:
``Sec. 805. Clean hydrogen research and development program.''.
SEC. 40314. ADDITIONAL CLEAN HYDROGEN PROGRAMS.
Title VIII of the Energy Policy Act of 2005 (42 U.S.C. 16151 et
seq.) is amended--
(1) by redesignating sections 813 through 816 <<NOTE: 42
USC 16162-16165.>> as sections 818 through 821, respectively;
and
(2) by inserting after section 812 the following:
``SEC. 813. <<NOTE: 42 USC 16161a.>> REGIONAL CLEAN HYDROGEN
HUBS.
``(a) Definition of Regional Clean Hydrogen Hub.--In this section,
the term `regional clean hydrogen hub' means a network of clean hydrogen
producers, potential clean hydrogen consumers, and connective
infrastructure located in close proximity.
``(b) Establishment of Program.--The Secretary shall establish a
program to support the development of at least 4 regional clean hydrogen
hubs that--
``(1) demonstrably aid the achievement of the clean hydrogen
production standard developed under section 822(a);
``(2) demonstrate the production, processing, delivery,
storage, and end-use of clean hydrogen; and
``(3) can be developed into a national clean hydrogen
network to facilitate a clean hydrogen economy.
``(c) Selection of Regional Clean Hydrogen Hubs.--
[[Page 135 STAT. 1009]]
``(1) <<NOTE: Deadline.>> Solicitation of proposals.--Not
later than 180 days after the date of enactment of the
Infrastructure Investment and Jobs Act, the Secretary shall
solicit proposals for regional clean hydrogen hubs.
``(2) <<NOTE: Deadline.>> Selection of hubs.--Not later
than 1 year after the deadline for the submission of proposals
under paragraph (1), the Secretary shall select at least 4
regional clean hydrogen hubs to be developed under subsection
(b).
``(3) Criteria.--The Secretary shall select regional clean
hydrogen hubs under paragraph (2) using the following criteria:
``(A) Feedstock diversity.--To the maximum extent
practicable--
``(i) at least 1 regional clean hydrogen hub
shall demonstrate the production of clean hydrogen
from fossil fuels;
``(ii) at least 1 regional clean hydrogen hub
shall demonstrate the production of clean hydrogen
from renewable energy; and
``(iii) at least 1 regional clean hydrogen hub
shall demonstrate the production of clean hydrogen
from nuclear energy.
``(B) End-use diversity.--To the maximum extent
practicable--
``(i) at least 1 regional clean hydrogen hub
shall demonstrate the end-use of clean hydrogen in
the electric power generation sector;
``(ii) at least 1 regional clean hydrogen hub
shall demonstrate the end-use of clean hydrogen in
the industrial sector;
``(iii) at least 1 regional clean hydrogen hub
shall demonstrate the end-use of clean hydrogen in
the residential and commercial heating sector; and
``(iv) at least 1 regional clean hydrogen hub
shall demonstrate the end-use of clean hydrogen in
the transportation sector.
``(C) Geographic diversity.--To the maximum extent
practicable, each regional clean hydrogen hub--
``(i) shall be located in a different region
of the United States; and
``(ii) shall use energy resources that are
abundant in that region.
``(D) Hubs in natural gas-producing regions.--To the
maximum extent practicable, at least 2 regional clean
hydrogen hubs shall be located in the regions of the
United States with the greatest natural gas resources.
``(E) Employment.--The Secretary shall give priority
to regional clean hydrogen hubs that are likely to
create opportunities for skilled training and long-term
employment to the greatest number of residents of the
region.
``(F) Additional criteria.--The Secretary may take
into consideration other criteria that, in the judgment
of the Secretary, are necessary or appropriate to carry
out this title
``(4) <<NOTE: Grants.>> Funding of regional clean hydrogen
hubs.--The Secretary may make grants to each regional clean
hydrogen
[[Page 135 STAT. 1010]]
hub selected under paragraph (2) to accelerate commercialization
of, and demonstrate the production, processing, delivery,
storage, and end-use of, clean hydrogen.
``(d) <<NOTE: Time period.>> Authorization of Appropriations.--
There is authorized to be appropriated to the Secretary to carry out
this section $8,000,000,000 for the period of fiscal years 2022 through
2026.
``SEC. 814. <<NOTE: 42 USC 16161b.>> NATIONAL CLEAN HYDROGEN
STRATEGY AND ROADMAP.
``(a) Development.--
``(1) <<NOTE: Consultation.>> In general.--In carrying out
the programs established under sections 805 and 813, the
Secretary, in consultation with the heads of relevant offices of
the Department, shall develop a technologically and economically
feasible national strategy and roadmap to facilitate widescale
production, processing, delivery, storage, and use of clean
hydrogen.
``(2) Inclusions.--The national clean hydrogen strategy and
roadmap developed under paragraph (1) shall focus on--
``(A) establishing a standard of hydrogen production
that achieves the standard developed under section
822(a), including interim goals towards meeting that
standard;
``(B)(i) clean hydrogen production and use from
natural gas, coal, renewable energy sources, nuclear
energy, and biomass; and
``(ii) identifying potential barriers, pathways, and
opportunities, including Federal policy needs, to
transition to a clean hydrogen economy;
``(C) identifying--
``(i) economic opportunities for the
production, processing, transport, storage, and
use of clean hydrogen that exist in the major
shale natural gas-producing regions of the United
States;
``(ii) economic opportunities for the
production, processing, transport, storage, and
use of clean hydrogen that exist for merchant
nuclear power plants operating in deregulated
markets; and
``(iii) environmental risks associated with
potential deployment of clean hydrogen
technologies in those regions, and ways to
mitigate those risks;
``(D) approaches, including substrategies, that
reflect geographic diversity across the country, to
advance clean hydrogen based on resources, industry
sectors, environmental benefits, and economic impacts in
regional economies;
``(E) identifying opportunities to use, and barriers
to using, existing infrastructure, including all
components of the natural gas infrastructure system, the
carbon dioxide pipeline infrastructure system, end-use
local distribution networks, end-use power generators,
LNG terminals, industrial users of natural gas, and
residential and commercial consumers of natural gas, for
clean hydrogen deployment;
``(F) identifying the needs for and barriers and
pathways to developing clean hydrogen hubs (including,
where appropriate, clean hydrogen hubs coupled with
carbon capture, utilization, and storage hubs) that--
``(i) are regionally dispersed across the
United States and can leverage natural gas to the
maximum extent practicable;
[[Page 135 STAT. 1011]]
``(ii) can demonstrate the efficient
production, processing, delivery, and use of clean
hydrogen;
``(iii) include transportation corridors and
modes of transportation, including transportation
of clean hydrogen by pipeline and rail and through
ports; and
``(iv) where appropriate, could serve as joint
clean hydrogen and carbon capture, utilization,
and storage hubs;
``(G) prioritizing activities that improve the
ability of the Department to develop tools to model,
analyze, and optimize single-input, multiple-output
integrated hybrid energy systems and multiple-input,
multiple-output integrated hybrid energy systems that
maximize efficiency in providing hydrogen, high-value
heat, electricity, and chemical synthesis services;
``(H) identifying the appropriate points of
interaction between and among Federal agencies involved
in the production, processing, delivery, storage, and
use of clean hydrogen and clarifying the
responsibilities of those Federal agencies, and
potential regulatory obstacles and recommendations for
modifications, in order to support the deployment of
clean hydrogen; and
``(I) identifying geographic zones or regions in
which clean hydrogen technologies could efficiently and
economically be introduced in order to transition
existing infrastructure to rely on clean hydrogen, in
support of decarbonizing all relevant sectors of the
economy.
``(b) Reports to Congress.--
``(1) In general.--Not later than 180 days after the date of
enactment of the Infrastructure Investment and Jobs Act, the
Secretary shall submit to Congress the clean hydrogen strategy
and roadmap developed under subsection (a).
``(2) <<NOTE: Time period.>> Updates.--The Secretary shall
submit to Congress updates to the clean hydrogen strategy and
roadmap under paragraph (1) not less frequently than once every
3 years after the date on which the Secretary initially submits
the report and roadmap.
``SEC. 815. <<NOTE: 42 USC 16161c.>> CLEAN HYDROGEN MANUFACTURING
AND RECYCLING.
``(a) Clean Hydrogen Manufacturing Initiative.--
``(1) <<NOTE: Grants. Contracts.>> In general.--In carrying
out the programs established under sections 805 and 813, the
Secretary shall award multiyear grants to, and enter into
contracts, cooperative agreements, or any other agreements
authorized under this Act or other Federal law with, eligible
entities (as determined by the Secretary) for research,
development, and demonstration projects to advance new clean
hydrogen production, processing, delivery, storage, and use
equipment manufacturing technologies and techniques.
``(2) Priority.--In awarding grants or entering into
contracts, cooperative agreements, or other agreements under
paragraph (1), the Secretary, to the maximum extent practicable,
shall give priority to clean hydrogen equipment manufacturing
projects that--
``(A) increase efficiency and cost-effectiveness
in--
``(i) the manufacturing process; and
[[Page 135 STAT. 1012]]
``(ii) the use of resources, including
existing energy infrastructure;
``(B) support domestic supply chains for materials
and components;
``(C) identify and incorporate nonhazardous
alternative materials for components and devices;
``(D) operate in partnership with tribal energy
development organizations, Indian Tribes, Tribal
organizations, Native Hawaiian community-based
organizations, or territories or freely associated
States; or
``(E) are located in economically distressed areas
of the major natural gas-producing regions of the United
States.
``(3) <<NOTE: Deadline. Time period. Public
information. Review.>> Evaluation.--Not later than 3 years
after the date of enactment of the Infrastructure Investment and
Jobs Act, and not less frequently than once every 4 years
thereafter, the Secretary shall conduct, and make available to
the public and the relevant committees of Congress, an
independent review of the progress of the projects carried out
through grants awarded, or contracts, cooperative agreements, or
other agreements entered into, under paragraph (1).
``(b) Clean Hydrogen Technology Recycling Research, Development, and
Demonstration Program.--
``(1) <<NOTE: Grants. Contracts.>> In general.--In carrying
out the programs established under sections 805 and 813, the
Secretary shall award multiyear grants to, and enter into
contracts, cooperative agreements, or any other agreements
authorized under this Act or other Federal law with, eligible
entities for research, development, and demonstration projects
to create innovative and practical approaches to increase the
reuse and recycling of clean hydrogen technologies, including
by--
``(A) increasing the efficiency and cost-
effectiveness of the recovery of raw materials from
clean hydrogen technology components and systems,
including enabling technologies such as electrolyzers
and fuel cells;
``(B) minimizing environmental impacts from the
recovery and disposal processes;
``(C) addressing any barriers to the research,
development, demonstration, and commercialization of
technologies and processes for the disassembly and
recycling of devices used for clean hydrogen production,
processing, delivery, storage, and use;
``(D) developing alternative materials, designs,
manufacturing processes, and other aspects of clean
hydrogen technologies;
``(E) developing alternative disassembly and
resource recovery processes that enable efficient, cost-
effective, and environmentally responsible disassembly
of, and resource recovery from, clean hydrogen
technologies; and
``(F) developing strategies to increase consumer
acceptance of, and participation in, the recycling of
fuel cells.
``(2) <<NOTE: Public information.>> Dissemination of
results.--The Secretary shall make available to the public and
the relevant committees of Congress the results of the projects
carried out through grants awarded, or contracts, cooperative
agreements, or other agreements entered into, under paragraph
(1), including any educational and outreach materials developed
by the projects.
[[Page 135 STAT. 1013]]
``(c) <<NOTE: Time period.>> Authorization of Appropriations.--
There is authorized to be appropriated to the Secretary to carry out
this section $500,000,000 for the period of fiscal years 2022 through
2026.
``SEC. 816. <<NOTE: 42 USC 16161d.>> CLEAN HYDROGEN ELECTROLYSIS
PROGRAM.
``(a) Definitions.--In this section:
``(1) Electrolysis.--The term `electrolysis' means a process
that uses electricity to split water into hydrogen and oxygen.
``(2) Electrolyzer.--The term `electrolyzer' means a system
that produces hydrogen using electrolysis.
``(3) Program.--The term `program' means the program
established under subsection (b).
``(b) <<NOTE: Deadline.>> Establishment.--Not later than 90 days
after the date of enactment of the Infrastructure Investment and Jobs
Act, the Secretary shall establish a research, development,
demonstration, commercialization, and deployment program for purposes of
commercialization to improve the efficiency, increase the durability,
and reduce the cost of producing clean hydrogen using electrolyzers.
``(c) Goals.--The goals of the program are--
``(1) to reduce the cost of hydrogen produced using
electrolyzers to less than $2 per kilogram of hydrogen by 2026;
and
``(2) any other goals the Secretary determines are
appropriate.
``(d) Demonstration Projects.--In carrying out the program, the
Secretary shall fund demonstration projects--
``(1) to demonstrate technologies that produce clean
hydrogen using electrolyzers; and
``(2) to validate information on the cost, efficiency,
durability, and feasibility of commercial deployment of the
technologies described in paragraph (1).
``(e) Focus.--The program shall focus on research relating to, and
the development, demonstration, and deployment of--
``(1) low-temperature electrolyzers, including liquid-
alkaline electrolyzers, membrane-based electrolyzers, and other
advanced electrolyzers, capable of converting intermittent
sources of electric power to clean hydrogen with enhanced
efficiency and durability;
``(2) high-temperature electrolyzers that combine
electricity and heat to improve the efficiency of clean hydrogen
production;
``(3) advanced reversible fuel cells that combine the
functionality of an electrolyzer and a fuel cell;
``(4) new highly active, selective, and durable electrolyzer
catalysts and electro-catalysts that--
``(A) greatly reduce or eliminate the need for
platinum group metals; and
``(B) enable electrolysis of complex mixtures with
impurities, including seawater;
``(5) modular electrolyzers for distributed energy systems
and the bulk-power system (as defined in section 215(a) of the
Federal Power Act (16 U.S.C. 824o(a)));
``(6) low-cost membranes or electrolytes and separation
materials that are durable in the presence of impurities or
seawater;
``(7) improved component design and material integration,
including with respect to electrodes, porous transport layers
and bipolar plates, and balance-of-system components, to allow
[[Page 135 STAT. 1014]]
for scale-up and domestic manufacturing of electrolyzers at a
high volume;
``(8) clean hydrogen storage technologies;
``(9) technologies that integrate hydrogen production with--
``(A) clean hydrogen compression and drying
technologies;
``(B) clean hydrogen storage; and
``(C) transportation or stationary systems; and
``(10) integrated systems that combine hydrogen production
with renewable power or nuclear power generation technologies,
including hybrid systems with hydrogen storage.
``(f) <<NOTE: Determinations.>> Grants, Contracts, Cooperative
Agreements.--
``(1) Grants.--In carrying out the program, the Secretary
shall award grants, on a competitive basis, to eligible entities
for projects that the Secretary determines would provide the
greatest progress toward achieving the goal of the program
described in subsection (c).
``(2) Contracts and cooperative agreements.--In carrying out
the program, the Secretary may enter into contracts and
cooperative agreements with eligible entities and Federal
agencies for projects that the Secretary determines would
further the purpose of the program described in subsection (b).
``(3) Eligibility; applications.--
``(A) In general.--The eligibility of an entity to
receive a grant under paragraph (1), to enter into a
contract or cooperative agreement under paragraph (2),
or to receive funding for a demonstration project under
subsection (d) shall be determined by the Secretary.
``(B) Applications.--An eligible entity desiring to
receive a grant under paragraph (1), to enter into a
contract or cooperative agreement under paragraph (2),
or to receive funding for a demonstration project under
subsection (d) shall submit to the Secretary an
application at such time, in such manner, and containing
such information as the Secretary may require.
``(g) <<NOTE: Time period.>> Authorization of Appropriations.--
There is authorized to be appropriated to the Secretary to carry out the
program $1,000,000,000 for the period of fiscal years 2022 through 2026,
to remain available until expended.
``SEC. 817. <<NOTE: 42 USC 16161e.>> LABORATORY MANAGEMENT.
``(a) In General.--The National Energy Technology Laboratory, the
Idaho National Laboratory, and the National Renewable Energy Laboratory
shall continue to work in a crosscutting manner to carry out the
programs established under sections 813 and 815.
``(b) Coordination; Clearinghouse.--In carrying out subsection (a),
the National Energy Technology Laboratory shall--
``(1) <<NOTE: Coordination.>> coordinate with--
``(A) the Idaho National Laboratory, the National
Renewable Energy Laboratory, and other National
Laboratories in a cross-cutting manner;
``(B) institutions of higher education;
``(C) research institutes;
``(D) industrial researchers; and
``(E) international researchers; and
``(2) act as a clearinghouse to collect information from,
and distribute information to, the National Laboratories and
[[Page 135 STAT. 1015]]
other entities described in subparagraphs (B) through (E) of
paragraph (1).''.
SEC. 40315. CLEAN HYDROGEN PRODUCTION QUALIFICATIONS.
(a) In General.--The Energy Policy Act of 2005 (42 U.S.C. 16151 et
seq.) (as amended by section 40314(1)) is amended by adding at the end
the following:
``SEC. 822. <<NOTE: 42 USC 16166.>> CLEAN HYDROGEN PRODUCTION
QUALIFICATIONS.
``(a) <<NOTE: Deadline. Consultation. Determination. Applicability.>>
In General.--Not later than 180 days after the date of enactment of the
Infrastructure Investment and Jobs Act, the Secretary, in consultation
with the Administrator of the Environmental Protection Agency and after
taking into account input from industry and other stakeholders, as
determined by the Secretary, shall develop an initial standard for the
carbon intensity of clean hydrogen production that shall apply to
activities carried out under this title.
``(b) Requirements.--
``(1) In general.--The standard developed under subsection
(a) shall--
``(A) support clean hydrogen production from each
source described in section 805(e)(2);
``(B) <<NOTE: Definition.>> define the term `clean
hydrogen' to mean hydrogen produced with a carbon
intensity equal to or less than 2 kilograms of carbon
dioxide-equivalent produced at the site of production
per kilogram of hydrogen produced; and
``(C) take into consideration technological and
economic feasibility.
``(2) <<NOTE: Deadline. Consultation. Determination.>>
Adjustment.--Not later than the date that is 5 years after the
date on which the Secretary develops the standard under
subsection (a), the Secretary, in consultation with the
Administrator of the Environmental Protection Agency and after
taking into account input from industry and other stakeholders,
as determined by the Secretary, shall--
``(A) determine whether the definition of clean
hydrogen required under paragraph (1)(B) should be
adjusted below the standard described in that paragraph;
and
``(B) if the Secretary determines the adjustment
described in subparagraph (A) is appropriate, carry out
the adjustment.
``(c) Application.--The standard developed under subsection (a)
shall apply to clean hydrogen production from renewable, fossil fuel
with carbon capture, utilization, and sequestration technologies,
nuclear, and other fuel sources using any applicable production
technology.''.
(b) Conforming Amendment.--The table of contents for the Energy
Policy Act of 2005 (Public Law 109-58; 119 Stat. 599) is amended by
striking the items relating to sections 813 through 816 and inserting
the following:
``Sec. 813. Regional clean hydrogen hubs.
``Sec. 814. National clean hydrogen strategy and roadmap.
``Sec. 815. Clean hydrogen manufacturing and recycling.
``Sec. 816. Clean hydrogen electrolysis program.
``Sec. 817. Laboratory management.
``Sec. 818. Technology transfer
``Sec. 819. Miscellaneous provisions.
``Sec. 820. Cost sharing.
``Sec. 821. Savings clause.
``Sec. 822. Clean hydrogen production qualifications.''.
[[Page 135 STAT. 1016]]
Subtitle C--Nuclear Energy Infrastructure
SEC. 40321. <<NOTE: 42 USC 18751.>> INFRASTRUCTURE PLANNING FOR
MICRO AND SMALL MODULAR NUCLEAR
REACTORS.
(a) Definitions.--In this section:
(1) Advanced nuclear reactor.-- The term ``advanced nuclear
reactor'' has the meaning given the term in section 951(b) of
the Energy Policy Act of 2005 (42 U.S.C. 16271(b)).
(2) Isolated community.--The term ``isolated community'' has
the meaning given the term in section 8011(a) of the Energy Act
of 2020 (42 U.S.C. 17392(a)).
(3) Micro-reactor.--The term ``micro-reactor'' means an
advanced nuclear reactor that has an electric power production
capacity that is not greater than 50 megawatts.
(4) National laboratory.--The term ``National Laboratory''
has the meaning given the term in section 2 of the Energy Policy
Act of 2005 (42 U.S.C. 15801).
(5) Small modular reactor.--The term ``small modular
reactor'' means an advanced nuclear reactor--
(A) with a rated capacity of less than 300
electrical megawatts; and
(B) that can be constructed and operated in
combination with similar reactors at a single site.
(b) Report.--Not later than 180 days after the date of enactment of
this Act, the Secretary shall submit to the Committee on Energy and
Natural Resources of the Senate and the Committees on Energy and
Commerce and Science, Space, and Technology of the House of
Representatives a report that describes how the Department could enhance
energy resilience and reduce carbon emissions with the use of micro-
reactors and small modular reactors.
(c) Elements.--The report required by subsection (b) shall address
the following:
(1) <<NOTE: Evaluation. Determination.>> An evaluation by
the Department of current resilience and carbon reduction
requirements for energy for facilities of the Department to
determine whether changes are needed to address--
(A) <<NOTE: Time period.>> the need to provide
uninterrupted power to facilities of the Department for
at least 3 days during power grid failures;
(B) the need for protection against cyber threats
and electromagnetic pulses; and
(C) resilience to extreme natural events, including
earthquakes, volcanic activity, tornados, hurricanes,
floods, tsunamis, lahars, landslides, seiches, a large
quantity of snowfall, and very low or high temperatures.
(2) <<NOTE: Strategy.>> A strategy of the Department for
using nuclear energy to meet resilience and carbon reduction
goals of facilities of the Department.
(3) <<NOTE: Strategy.>> A strategy to partner with private
industry to develop and deploy micro-reactors and small modular
reactors to remote communities in order to replace diesel
generation and other fossil fuels.
(4) <<NOTE: Assessment.>> An assessment by the Department
of the value associated with enhancing the resilience of a
facility of the Department by transitioning to power from micro-
reactors and small
[[Page 135 STAT. 1017]]
modular reactors and to co-located nuclear facilities with the
capability to provide dedicated power to the facility of the
Department during a grid outage or failure.
(5) <<NOTE: Plans.>> The plans of the Department--
(A) for deploying a micro-reactor and a small
modular reactor to produce energy for use by a facility
of the Department in the United States by 2026;
(B) for deploying a small modular reactor to produce
energy for use by a facility of the Department in the
United States by 2029; and
(C) to include micro-reactors and small modular
reactors in the planning for meeting future facility
energy needs.
(d) Financial and Technical Assistance for Siting Micro-reactors,
Small Modular Reactors, and Advanced Nuclear Reactors.--
(1) In general.--The Secretary shall offer financial and
technical assistance to entities to conduct feasibility studies
for the purpose of identifying suitable locations for the
deployment of micro-reactors, small modular reactors, and
advanced nuclear reactors in isolated communities.
(2) Requirement.--Prior to providing financial and technical
assistance under paragraph (1), the Secretary shall conduct
robust community engagement and outreach for the purpose of
identifying levels of interest in isolated communities.
(3) Limitation.--The Secretary shall not disburse more than
50 percent of the amounts available for financial assistance
under this subsection to the National Laboratories.
SEC. 40322. PROPERTY INTERESTS RELATING TO CERTAIN PROJECTS AND
PROTECTION OF INFORMATION RELATING TO
CERTAIN AGREEMENTS.
(a) <<NOTE: 42 USC 18752.>> Property Interests Relating to
Federally Funded Advanced Nuclear Reactor Projects.--
(1) Definitions.--In this section:
(A) Advanced nuclear reactor.--The term ``advanced
nuclear reactor'' has the meaning given the term in
section 951(b) of the Energy Policy Act of 2005 (42
U.S.C. 16271(b)).
(B) Property interest.--
(i) In general.--Except as provided in clause
(ii), the term ``property interest'' means any
interest in real property or personal property (as
those terms are defined in section 200.1 of title
2, Code of Federal Regulations (as in effect on
the date of enactment of this Act)).
(ii) Exclusion.--The term ``property
interest'' does not include any interest in
intellectual property developed using funding
provided under a project described in paragraph
(3).
(2) Assignment of property interests.--The Secretary may
assign to any entity, including the United States, fee title or
any other property interest acquired by the Secretary under an
agreement entered into with respect to a project described in
paragraph (3).
(3) Project described.--A project referred to in paragraph
(2) is--
[[Page 135 STAT. 1018]]
(A) a project for which funding is provided pursuant
to the funding opportunity announcement of the
Department numbered DE-FOA-0002271, including any
project for which funding has been provided pursuant to
that announcement as of the date of enactment of this
Act;
(B) any other project for which funding is provided
using amounts made available for the Advanced Reactor
Demonstration Program of the Department under the
heading ``Nuclear Energy'' under the heading ``ENERGY
PROGRAMS'' in title III of division C of the Further
Consolidated Appropriations Act, 2020 (Public Law 116-
94; 133 Stat. 2670);
(C) any other project for which Federal funding is
provided under the Advanced Reactor Demonstration
Program of the Department; or
(D) a project--
(i) relating to advanced nuclear reactors; and
(ii) for which Federal funding is provided
under a program focused on development and
demonstration.
(4) Retroactive vesting.--The vesting of fee title or any
other property interest assigned under paragraph (2) shall be
retroactive to the date on which the applicable project first
received Federal funding as described in any of subparagraphs
(A) through (D) of paragraph (3).
(b) <<NOTE: Contracts.>> Considerations in Cooperative Research and
Development Agreements.--
(1) In general.--Section 12(c)(7)(B) of the Stevenson-Wydler
Technology Innovation Act of 1980 (15 U.S.C. 3710a(c)(7)(B)) is
amended--
(A) by inserting ``(i)'' after ``(B)'';
(B) in clause (i), as so designated, by striking
``The director'' and inserting ``Subject to clause (ii),
the director''; and
(C) by adding at the end the following:
``(II) <<NOTE: Time
period. Determination.>> The agency may
authorize the director to provide
appropriate protections against
dissemination described in clause (i)
for a total period of not more than 30
years if the agency determines that the
nature of the information protected
against dissemination, including nuclear
technology, could reasonably require an
extended period of that protection to
reach commercialization.''.
(2) <<NOTE: 15 USC 3710a note.>> Applicability.--
(A) Definition.--In this subsection, the term
``cooperative research and development agreement'' has
the meaning given the term in section 12(d) of the
Stevenson-Wydler Technology Innovation Act of 1980 (15
U.S.C. 3710a(d)).
(B) Retroactive effect.--Clause (ii) of section
12(c)(7)(B) of the Stevenson-Wydler Technology
Innovation Act of 1980 (15 U.S.C. 3710a(c)(7)(B)), as
added by subsection (a) of this section, shall apply
with respect to any cooperative research and development
agreement that is in effect as of the day before the
date of enactment of this Act.
[[Page 135 STAT. 1019]]
(c) Department of Energy Contracts.--Section 646(g)(5) of the
Department of Energy Organization Act (42 U.S.C. 7256(g)(5)) is
amended--
(1) by striking ``(5) The Secretary'' and inserting the
following:
``(5) Protection from disclosure.--
``(A) In general.--The Secretary''; and
(2) <<NOTE: Time periods.>> in subparagraph (A) (as so
designated)--
(A) by striking ``, for up to 5 years after the date
on which the information is developed,''; and
(B) by striking ``agency.'' and inserting the
following: ``agency--
``(i) for up to 5 years after the date on
which the information is developed; or
``(ii) <<NOTE: Determination.>> for up to 30
years after the date on which the information is
developed, if the Secretary determines that the
nature of the technology under the transaction,
including nuclear technology, could reasonably
require an extended period of protection from
disclosure to reach commercialization.
``(B) Extension during term.--The Secretary may
extend the period of protection from disclosure during
the term of any transaction described in subparagraph
(A) in accordance with that subparagraph.''.
SEC. 40323. <<NOTE: 42 USC 18753.>> CIVIL NUCLEAR CREDIT PROGRAM.
(a) Definitions.--In this section:
(1) Certified nuclear reactor.--The term ``certified nuclear
reactor'' means a nuclear reactor that--
(A) competes in a competitive electricity market;
and
(B) is certified under subsection (c)(2)(A)(i) to
submit a sealed bid in accordance with subsection (d).
(2) Credit.--The term ``credit'' means a credit allocated to
a certified nuclear reactor under subsection (e)(2).
(b) Establishment of Program.--The Secretary shall establish a civil
nuclear credit program--
(1) <<NOTE: Evaluation.>> to evaluate nuclear reactors that
are projected to cease operations due to economic factors; and
(2) <<NOTE: Allocation.>> to allocate credits to certified
nuclear reactors that are selected under paragraph (1)(B) of
subsection (e) to receive credits under paragraph (2) of that
subsection.
(c) Certification.--
(1) Application.--
(A) In general.--In order to be certified under
paragraph (2)(A)(i), the owner or operator of a nuclear
reactor that is projected to cease operations due to
economic factors shall submit to the Secretary an
application at such time, in such manner, and containing
such information as the Secretary determines to be
appropriate, including--
(i) information on the operating costs
necessary to make the determination described in
paragraph (2)(A)(ii)(I), including--
(I) <<NOTE: Time period.>> the
average projected annual operating loss
in dollars per megawatt-hour, inclusive
of the cost of operational and market
risks, expected to be incurred by the
nuclear reactor over the 4-year period
for which credits would be allocated;
[[Page 135 STAT. 1020]]
(II) any private or publicly
available data with respect to current
or projected bulk power market prices;
(III) out-of-market revenue streams;
(IV) operations and maintenance
costs;
(V) capital costs, including fuel;
and
(VI) operational and market risks;
(ii) <<NOTE: Estimate.>> an estimate of the
potential incremental air pollutants that would
result if the nuclear reactor were to cease
operations;
(iii) <<NOTE: Time period.>> known
information on the source of produced uranium and
the location where the uranium is converted,
enriched, and fabricated into fuel assemblies for
the nuclear reactor for the 4-year period for
which credits would be allocated; and
(iv) <<NOTE: Plan. Time period.>> a detailed
plan to sustain operations at the conclusion of
the applicable 4-year period for which credits
would be allocated--
(I) without receiving additional
credits; or
(II) with the receipt of additional
credits of a lower amount than the
credits allocated during that 4-year
credit period.
(B) Timeline.--The Secretary shall accept
applications described in subparagraph (A)--
(i) <<NOTE: Deadline.>> until the date that
is 120 days after the date of enactment of this
Act; and
(ii) not less frequently than every year
thereafter.
(C) Payments from state programs.--
(i) <<NOTE: Time period.>> In general.--The
owner or operator of a nuclear reactor that
receives a payment from a State zero-emission
credit, a State clean energy contract, or any
other State program with respect to that nuclear
reactor shall be eligible to submit an application
under subparagraph (A) with respect to that
nuclear reactor during any application period
beginning after the 120-day period beginning on
the date of enactment of this Act.
(ii) Requirement.--An application submitted by
an owner or operator described in clause (i) with
respect to a nuclear reactor described in that
clause shall include all projected payments from
State programs in determining the average
projected annual operating loss described in
subparagraph (A)(i)(I), unless the credits
allocated to the nuclear reactor pursuant to that
application will be used to reduce those payments.
(2) Determination to certify.--
(A) Determination.--
(i) <<NOTE: Deadline.>> In general.--Not
later than 60 days after the applicable date under
subparagraph (B) of paragraph (1), the Secretary
shall determine whether to certify, in accordance
with clauses (ii) and (iii), each nuclear reactor
for which an application is submitted under
subparagraph (A) of that paragraph.
(ii) Minimum requirements.--To the maximum
extent practicable, the Secretary shall only
certify a nuclear reactor under clause (i) if--
[[Page 135 STAT. 1021]]
(I) after considering the
information submitted under paragraph
(1)(A)(i), the Secretary determines that
the nuclear reactor is projected to
cease operations due to economic
factors;
(II) after considering the estimate
submitted under paragraph (1)(A)(ii),
the Secretary determines that pollutants
would increase if the nuclear reactor
were to cease operations and be replaced
with other types of power generation;
and
(III) the Nuclear Regulatory
Commission has reasonable assurance that
the nuclear reactor--
(aa) will continue to be
operated in accordance with the
current licensing basis (as
defined in section 54.3 of title
10, Code of Federal Regulations
(or successor regulations) of
the nuclear reactor; and
(bb) poses no significant
safety hazards.
(iii) Priority.--In determining whether to
certify a nuclear reactor under clause (i), the
Secretary shall give priority to a nuclear reactor
that uses, to the maximum extent available,
uranium that is produced, converted, enriched, and
fabricated into fuel assemblies in the United
States.
(B) Notice.--For each application received under
paragraph (1)(A), the Secretary shall provide to the
applicable owner or operator, as applicable--
(i) a notice of the certification of the
applicable nuclear reactor; or
(ii) a notice that describes the reasons why
the certification of the applicable nuclear
reactor was denied.
(d) Bidding Process.--
(1) <<NOTE: Deadline.>> In general.--Subject to paragraph
(2), the Secretary shall establish a deadline by which each
certified nuclear reactor shall submit to the Secretary a sealed
bid that--
(A) describes the price per megawatt-hour of the
credits desired by the certified nuclear reactor, which
shall not exceed the average projected annual operating
loss described in subsection (c)(1)(A)(i)(I); and
(B) <<NOTE: Time period.>> includes a commitment,
subject to the receipt of credits, to provide a specific
number of megawatt-hours of generation during the 4-year
period for which credits would be allocated.
(2) <<NOTE: Deadline.>> Requirement.--The deadline
established under paragraph (1) shall be not later than 30 days
after the first date on which the Secretary has made the
determination described in paragraph (2)(A)(i) of subsection (c)
with respect to each application submitted under paragraph
(1)(A) of that subsection.
(e) Allocation.--
(1) Auction.--Notwithstanding section 169 of the Atomic
Energy Act of 1954 (42 U.S.C. 2209), the Secretary shall--
(A) <<NOTE: Consultation.>> in consultation with
the heads of applicable Federal agencies, establish a
process for evaluating bids submitted under subsection
(d)(1) through an auction process; and
(B) select certified nuclear reactors to be
allocated credits.
[[Page 135 STAT. 1022]]
(2) <<NOTE: Time period.>> Credits.--Subject to subsection
(f)(2), on selection under paragraph (1), a certified nuclear
reactor shall be allocated credits for a 4-year period beginning
on the date of the selection.
(3) Requirement.--To the maximum extent practicable, the
Secretary shall use the amounts made available for credits under
this section to allocate credits to as many certified nuclear
reactors as possible.
(f) Renewal.--
(1) In general.--The owner or operator of a certified
nuclear reactor may seek to recertify the nuclear reactor in
accordance with this section.
(2) <<NOTE: Termination date.>> Limitation.--
Notwithstanding any other provision of this section, the
Secretary may not allocate any credits after September 30, 2031.
(g) Additional Requirements.--
(1) <<NOTE: Time period.>> Audit.--During the 4-year period
beginning on the date on which a certified nuclear reactor first
receives a credit, the Secretary shall periodically audit the
certified nuclear reactor.
(2) <<NOTE: Regulations.>> Recapture.--The Secretary shall,
by regulation, provide for the recapture of the allocation of
any credit to a certified nuclear reactor that, during the
period described in paragraph (1)--
(A) terminates operations; or
(B) does not operate at an annual loss in the
absence of an allocation of credits to the certified
nuclear reactor.
(3) <<NOTE: Procedures.>> Confidentiality.--The Secretary
shall establish procedures to ensure that any confidential,
private, proprietary, or privileged information that is included
in a sealed bid submitted under this section is not publicly
disclosed or otherwise improperly used.
(h) Report.--Not later than January 1, 2024, the Comptroller General
of the United States shall submit to Congress a report with respect to
the credits allocated to certified nuclear reactors, which shall
include--
(1) <<NOTE: Evaluation.>> an evaluation of the
effectiveness of the credits in avoiding air pollutants while
ensuring grid reliability;
(2) a quantification of the ratepayer savings achieved under
this section; and
(3) <<NOTE: Recommenda- tions.>> any recommendations to
renew or expand the credits.
(i) <<NOTE: Time period.>> Authorization of Appropriations.--There
is authorized to be appropriated to the Secretary to carry out this
section $6,000,000,000 for the period of fiscal years 2022 through 2026.
Subtitle D--Hydropower
SEC. 40331. HYDROELECTRIC PRODUCTION INCENTIVES.
Section 242 of the Energy Policy Act of 2005 (42 U.S.C. 15881) is
amended--
(1) in subsection (b)(2), by striking ``before the date of
the enactment of this section'' and inserting ``before the date
of enactment of the Infrastructure Investment and Jobs Act'';
(2) in the undesignated matter following subsection (b)(3),
by striking ``the date of the enactment of this section'' and
[[Page 135 STAT. 1023]]
inserting ``the date of enactment of the Infrastructure
Investment and Jobs Act'';
(3) in subsection (e)(1), in the second sentence, by
striking ``$750,000'' and inserting ``$1,000,000''; and
(4) by striking subsection (g) and inserting the following:
``(g) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out this section $125,000,000 for
fiscal year 2022, to remain available until expended.''.
SEC. 40332. HYDROELECTRIC EFFICIENCY IMPROVEMENT INCENTIVES.
(a) In General.--Section 243 of the Energy Policy Act of 2005 (42
U.S.C. 15882) is amended--
(1) in the section heading, by inserting ``incentives''
after ``improvement'';
(2) in subsection (b)--
(A) in the first sentence, by striking ``10
percent'' and inserting ``30 percent'';
(B) in the second sentence--
(i) by striking ``$750,000'' and inserting
``$5,000,000''; and
(ii) by inserting ``in any 1 fiscal year''
before the period at the end; and
(3) by striking subsection (c) and inserting the following:
``(c) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $75,000,000 for fiscal year 2022
to remain available until expended.''.
(b) Conforming Amendment.--The table of contents for the Energy
Policy Act of 2005 (Public Law 109-58; 119 Stat. 595) is amended by
striking the item relating to section 243 and inserting the following:
``243. Hydroelectric efficiency improvement incentives.''.
SEC. 40333. MAINTAINING AND ENHANCING HYDROELECTRICITY INCENTIVES.
(a) In General.--Subtitle C of title II of the Energy Policy Act of
2005 (Public Law 109-58; 119 Stat. 674) is amended by adding at the end
the following:
``SEC. 247. <<NOTE: 42 USC 15883.>> MAINTAINING AND ENHANCING
HYDROELECTRICITY INCENTIVES.
``(a) Definition of Qualified Hydroelectric Facility.--In this
section, the term `qualified hydroelectric facility' means a
hydroelectric project that--
``(1)(A) is licensed by the Federal Energy Regulatory
Commission; or
``(B) is a hydroelectric project constructed, operated, or
maintained pursuant to a permit or valid existing right-of-way
granted prior to June 10, 1920, or a license granted pursuant to
the Federal Power Act (16 U.S.C. 791a et seq.);
``(2) is placed into service before the date of enactment of
this section; and
``(3)(A) is in compliance with all applicable Federal,
Tribal, and State requirements; or
``(B) would be brought into compliance with the requirements
described in subparagraph (A) as a result of the capital
improvements carried out using an incentive payment under this
section.
[[Page 135 STAT. 1024]]
``(b) Incentive Payments.--The Secretary shall make incentive
payments to the owners or operators of qualified hydroelectric
facilities for capital improvements directly related to--
``(1) improving grid resiliency, including--
``(A) adapting more quickly to changing grid
conditions;
``(B) providing ancillary services (including black
start capabilities, voltage support, and spinning
reserves);
``(C) integrating other variable sources of
electricity generation; and
``(D) managing accumulated reservoir sediments;
``(2) improving dam safety to ensure acceptable performance
under all loading conditions (including static, hydrologic, and
seismic conditions), including--
``(A) the maintenance or upgrade of spillways or
other appurtenant structures;
``(B) dam stability improvements, including erosion
repair and enhanced seepage controls; and
``(C) upgrades or replacements of floodgates or
natural infrastructure restoration or protection to
improve flood risk reduction; or
``(3) environmental improvements, including--
``(A) adding or improving safe and effective fish
passage, including new or upgraded turbine technology,
fish ladders, fishways, and all other associated
technology, equipment, or other fish passage technology
to a qualified hydroelectric facility;
``(B) improving the quality of the water retained or
released by a qualified hydroelectric facility;
``(C) promoting downstream sediment transport
processes and habitat maintenance; and
``(D) improving recreational access to the project
vicinity, including roads, trails, boat ingress and
egress, flows to improve recreation, and infrastructure
that improves river recreation opportunity.
``(c) Limitations.--
``(1) Costs.--Incentive payments under this section shall
not exceed 30 percent of the costs of the applicable capital
improvement.
``(2) Maximum amount.--Not more than 1 incentive payment may
be made under this section with respect to capital improvements
at a single qualified hydroelectric facility in any 1 fiscal
year, the amount of which shall not exceed $5,000,000.
``(d) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out this section $553,600,000 for
fiscal year 2022, to remain available until expended.''.
(b) Conforming Amendment.--The table of contents for the Energy
Policy Act of 2005 (Public Law 109-58; 119 Stat. 595) is amended by
inserting after the item relating to section 246 the following:
``247. Maintaining and enhancing hydroelectricity incentives.''.
SEC. 40334. PUMPED STORAGE HYDROPOWER WIND AND SOLAR INTEGRATION
AND SYSTEM RELIABILITY INITIATIVE.
Section 3201 of the Energy Policy Act of 2020 (42 U.S.C. 17232) is
amended--
[[Page 135 STAT. 1025]]
(1) <<NOTE: 42 USC 17231, 17232.>> by redesignating
subsections (e) through (g) as subsections (f) through (h),
respectively; and
(2) <<NOTE: 42 USC 17232.>> by inserting after subsection
(d) the following:
``(e) Pumped Storage Hydropower Wind and Solar Integration and
System Reliability Initiative.--
``(1) Definition of eligible entity.--In this subsection,
the term `eligible entity' means--
``(A)(i) an electric utility, including--
``(I) a political subdivision of a State, such
as a municipally owned electric utility; or
``(II) an instrumentality of a State composed
of municipally owned electric utilities;
``(ii) an electric cooperative; or
``(iii) an investor-owned utility;
``(B) an Indian Tribe or Tribal organization;
``(C) a State energy office;
``(D) an institution of higher education; and
``(E) a consortium of the entities described in
subparagraphs (A) through (D).
``(2) Demonstration project.--
``(A) <<NOTE: Deadline. Contracts. Assessments.>>
In general.--Not later than September 30, 2023, the
Secretary shall, to the maximum extent practicable,
enter into an agreement with an eligible entity to
provide financial assistance to the eligible entity to
carry out project design, transmission studies, power
market assessments, and permitting for a pumped storage
hydropower project to facilitate the long-duration
storage of intermittent renewable electricity.
``(B) Project requirements.--To be eligible for
financial assistance under subparagraph (A), a project
shall--
``(i) be designed to provide not less than
1,000 megawatts of storage capacity;
``(ii) be able to provide energy and capacity
for use in more than 1 organized electricity
market;
``(iii) be able to store electricity generated
by intermittent renewable electricity projects
located on Tribal land; and
``(iv) have received a preliminary permit from
the Federal Energy Regulatory Commission.
``(C) Matching requirement.--An eligible entity
receiving financial assistance under subparagraph (A)
shall provide matching funds equal to or greater than
the amount of financial assistance provided under that
subparagraph.
``(3) <<NOTE: Time period.>> Authorization of
appropriations.--There is authorized to be appropriated to carry
out this subsection $2,000,000 for each of fiscal years 2022
through 2026.''.
SEC. 40335. AUTHORITY FOR PUMPED STORAGE HYDROPOWER DEVELOPMENT
USING MULTIPLE BUREAU OF RECLAMATION
RESERVOIRS.
Section 9(c) of the Reclamation Project Act of 1939 (43 U.S.C.
485h(c)) is amended--
(1) in paragraph (1), in the fourth sentence, by striking
``, including small conduit hydropower development'' and
inserting ``and reserve to the Secretary the exclusive authority
[[Page 135 STAT. 1026]]
to develop small conduit hydropower using Bureau of Reclamation
facilities and pumped storage hydropower exclusively using
Bureau of Reclamation reservoirs''; and
(2) in paragraph (8), by striking ``has been filed with the
Federal Energy Regulatory Commission as of the date of the
enactment of the Bureau of Reclamation Small Conduit Hydropower
Development and Rural Jobs Act'' and inserting ``was filed with
the Federal Energy Regulatory Commission before August 9, 2013,
and is still pending''.
SEC. 40336. LIMITATIONS ON ISSUANCE OF CERTAIN LEASES OF POWER
PRIVILEGE.
(a) Definitions.--In this section:
(1) Commission.--The term ``Commission'' means the Federal
Energy Regulatory Commission.
(2) Director.--The term ``Director'' means the Director of
the Office of Hearings and Appeals.
(3) Office of hearings and appeals.--The term ``Office of
Hearings and Appeals'' means the Office of Hearings and Appeals
of the Department of the Interior.
(4) Party.--The term ``party'', with respect to a study plan
agreement, means each of the following parties to the study plan
agreement:
(A) The proposed lessee.
(B) The Tribes.
(5) Project.--The term ``project'' means a proposed pumped
storage facility that--
(A) would use multiple Bureau of Reclamation
reservoirs; and
(B) as of June 1, 2017, was subject to a preliminary
permit issued by the Commission pursuant to section 4(f)
of the Federal Power Act (16 U.S.C. 797(f)).
(6) Proposed lessee.--The term ``proposed lessee'' means the
proposed lessee of a project.
(7) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(8) Study plan.--The term ``study plan'' means the plan
described in subsection (d)(1).
(9) Study plan agreement.--The term ``study plan agreement''
means an agreement entered into under subsection (b)(1) and
described in subsection (c).
(10) Tribes.--The term ``Tribes'' means--
(A) the Confederated Tribes of the Colville
Reservation; and
(B) the Spokane Tribe of Indians of the Spokane
Reservation.
(b) Requirement for Issuance of Leases of Power Privilege.--The
Secretary shall not issue a lease of power privilege pursuant to section
9(c)(1) of the Reclamation Project Act of 1939 (43 U.S.C. 485h(c)(1))
(as amended by section 40335) for a project unless--
(1) the proposed lessee and the Tribes have entered into a
study plan agreement; or
(2) <<NOTE: Determination.>> the Secretary or the Director,
as applicable, makes a final determination for--
(A) a study plan agreement under subsection (c)(2);
or
[[Page 135 STAT. 1027]]
(B) a study plan under subsection (d).
(c) Study Plan Agreement Requirements.--
(1) In general.--A study plan agreement shall--
(A) establish the deadlines for the proposed lessee
to formally respond in writing to comments and study
requests about the project previously submitted to the
Commission;
(B) allow for the parties to submit additional
comments and study requests if any aspect of the
project, as proposed, differs from an aspect of the
project, as described in a preapplication document
provided to the Commission;
(C) except as expressly agreed to by the parties or
as provided in paragraph (2) or subsection (d), require
that the proposed lessee conduct each study described
in--
(i) a study request about the project
previously submitted to the Commission; or
(ii) any additional study request submitted in
accordance with the study plan agreement;
(D) require that the proposed lessee study any
potential adverse economic effects of the project on the
Tribes, including effects on--
(i) annual payments to the Confederated Tribes
of the Colville Reservation under section 5(b) of
the Confederated Tribes of the Colville
Reservation Grand Coulee Dam Settlement Act
(Public Law 103-436; 108 Stat. 4579); and
(ii) annual payments to the Spokane Tribe of
Indians of the Spokane Reservation authorized
after the date of enactment of this Act, the
amount of which derives from the annual payments
described in clause (i);
(E) establish a protocol for communication and
consultation between the parties;
(F) provide mechanisms for resolving disputes
between the parties regarding implementation and
enforcement of the study plan agreement; and
(G) contain other provisions determined to be
appropriate by the parties.
(2) Disputes.--
(A) <<NOTE: Determination. Notice.>> In general.--
If the parties cannot agree to the terms of a study plan
agreement or implementation of those terms, the parties
shall submit to the Director, for final determination on
the terms or implementation of the study plan agreement,
notice of the dispute, consistent with paragraph (1)(F),
to the extent the parties have agreed to a study plan
agreement.
(B) <<NOTE: Evaluation.>> Inclusion.--A dispute
covered by subparagraph (A) may include the view of a
proposed lessee that an additional study request
submitted in accordance with paragraph (1)(B) is not
reasonably calculated to assist the Secretary in
evaluating the potential impacts of the project.
(C) <<NOTE: Determination. Deadline.>> Timing.--The
Director shall issue a determination regarding a dispute
under subparagraph (A) not later than 120 days after the
date on which the Director receives notice of the
dispute under that subparagraph.
(d) Study Plan.--
[[Page 135 STAT. 1028]]
(1) In general.--The proposed lessee shall submit to the
Secretary for approval a study plan that details the proposed
methodology for performing each of the studies--
(A) identified in the study plan agreement of the
proposed lessee; or
(B) determined by the Director in a final
determination regarding a dispute under subsection
(c)(2).
(2) <<NOTE: Deadline.>> Initial determination.--Not later
than 60 days after the date on which the Secretary receives the
study plan under paragraph (1), the Secretary shall make an
initial determination that--
(A) approves the study plan;
(B) rejects the study plan on the grounds that the
study plan--
(i) lacks sufficient detail on a proposed
methodology for a study identified in the study
plan agreement; or
(ii) is inconsistent with the study plan
agreement; or
(C) imposes additional study plan requirements that
the Secretary determines are necessary to adequately
define the potential effects of the project on--
(i) the exercise of the paramount hunting,
fishing, and boating rights of the Tribes reserved
pursuant to the Act of June 29, 1940 (54 Stat.
703, chapter 460; 16 U.S.C. 835d et seq.);
(ii) the annual payments described in clauses
(i) and (ii) of subsection (c)(1)(D);
(iii) the Columbia Basin project (as defined
in section 1 of the Act of May 27, 1937 (50 Stat.
208, chapter 269; 57 Stat. 14, chapter 14; 16
U.S.C. 835));
(iv) historic properties and cultural or
spiritually significant resources; and
(v) the environment.
(3) <<NOTE: Deadlines.>> Objections.--
(A) In general.--Not later than 30 days after the
date on which the Secretary makes an initial
determination under paragraph (2), the Tribes or the
proposed lessee may submit to the Director an objection
to the initial determination.
(B) Final determination.--Not later than 120 days
after the date on which the Director receives an
objection under subparagraph (A), the Director shall--
(i) hold a hearing on the record regarding the
objection; and
(ii) make a final determination that
establishes the study plan, including a
description of studies the proposed lessee is
required to perform.
(4) No objections.--If no objections are submitted by the
deadline described in paragraph (3)(A), the initial
determination of the Secretary under paragraph (2) shall be
final.
(e) Conditions of Lease.--
(1) Consistency with rights of tribes; protection,
mitigation, and enhancement of fish and wildlife.--
(A) In general.--Any lease of power privilege issued
by the Secretary for a project under subsection (b)
shall contain conditions--
[[Page 135 STAT. 1029]]
(i) to ensure that the project is consistent
with, and will not interfere with, the exercise of
the paramount hunting, fishing, and boating rights
of the Tribes reserved pursuant to the Act of June
29, 1940 (54 Stat. 703, chapter 460; 16 U.S.C.
835d et seq.); and
(ii) to adequately and equitably protect,
mitigate damages to, and enhance fish and
wildlife, including related spawning grounds and
habitat, affected by the development, operation,
and management of the project.
(B) Recommendations of the tribes.--The conditions
required under subparagraph (A) shall be based on joint
recommendations of the Tribes.
(C) Resolving inconsistencies.--
(i) <<NOTE: Determination.>> In general.--If
the Secretary determines that any recommendation
of the Tribes under subparagraph (B) is not
reasonably calculated to ensure the project is
consistent with subparagraph (A) or is
inconsistent with the requirements of the
Reclamation Project Act of 1939 (43 U.S.C. 485 et
seq.), the Secretary shall attempt to resolve any
such inconsistency with the Tribes, giving due
weight to the recommendations and expertise of the
Tribes.
(ii) Publication of findings.--If, after an
attempt to resolve an inconsistency under clause
(i), the Secretary does not adopt in whole or in
part a recommendation of the Tribes under
subparagraph (B), the Secretary shall issue each
of the following findings, including a statement
of the basis for each of the findings:
(I) A finding that adoption of the
recommendation is inconsistent with the
requirements of the Reclamation Project
Act of 1939 (43 U.S.C. 485 et seq.).
(II) A finding that the conditions
selected by the Secretary to be
contained in the lease of power
privilege under subparagraph (A) comply
with the requirements of clauses (i) and
(ii) of that subparagraph.
(2) Annual charges payable by licensee.--
(A) In general.--Subject to subparagraph (B), any
lease of power privilege issued by the Secretary for a
project under subsection (b) shall contain conditions
that require the lessee of the project to make direct
payments to the Tribes through reasonable annual charges
in an amount that recompenses the Tribes for any adverse
economic effect of the project identified in a study
performed pursuant to the study plan agreement for the
project.
(B) Agreement.--
(i) In general.--The amount of the annual
charges described in subparagraph (A) shall be
established through agreement between the proposed
lessee and the Tribes.
(ii) Condition.--The agreement under clause
(i), including any modification of the agreement,
shall be deemed to be a condition to the lease of
power privilege
[[Page 135 STAT. 1030]]
issued by the Secretary for a project under
subsection (b).
(C) Dispute resolution.--
(i) <<NOTE: Notice.>> In general.--If the
proposed lessee and the Tribes cannot agree to the
terms of an agreement under subparagraph (B)(i),
the proposed lessee and the Tribes shall submit
notice of the dispute to the Director.
(ii) <<NOTE: Deadline.>> Resolution.--The
Director shall resolve the dispute described in
clause (i) not later than 180 days after the date
on which the Director receives notice of the
dispute under that clause.
(3) Additional conditions.--The Secretary may include in any
lease of power privilege issued by the Secretary for a project
under subsection (b) other conditions determined appropriate by
the Secretary, on the condition that the conditions shall be
consistent with the Reclamation Project Act of 1939 (43 U.S.C.
485 et seq.).
(4) Consultation.--In establishing conditions under this
subsection, the Secretary shall consult with the Tribes.
(f) Deadlines.--The Secretary or any officer of the Office of
Hearing and Appeals before whom a proceeding is pending under this
section may extend any deadline or enlarge any timeframe described in
this section--
(1) at the discretion of the Secretary or the officer; or
(2) on a showing of good cause by any party.
(g) Judicial Review.--Any final action of the Secretary or the
Director made pursuant to this section shall be subject to judicial
review in accordance with chapter 7 of title 5, United States Code.
(h) Effect on Other Projects.--Nothing in this section establishes
any precedent or is binding on any Bureau of Reclamation lease of power
privilege, other than for a project.
Subtitle E--Miscellaneous
SEC. 40341. SOLAR ENERGY TECHNOLOGIES ON CURRENT AND FORMER MINE
LAND.
Section 3004 of the Energy Act of 2020 (42 U.S.C. 16238) is
amended--
(1) in subsection (a)--
(A) by redesignating paragraphs (6) through (15) as
paragraphs (7) through (16), respectively; and
(B) by inserting after paragraph (5) the following:
``(6) Mine land.--The term `mine land' means--
``(A) land subject to titles IV and V of the Surface
Mining Control and Reclamation Act of 1977 (30 U.S.C.
1231 et seq.; 30 U.S.C. 1251 et seq.); and
``(B) land that has been claimed or patented subject
to sections 2319 through 2344 of the Revised Statutes
(commonly known as the `Mining Law of 1872') (30 U.S.C.
22 et seq.).''; and
(2) in subsection (b)(6)(B)--
(A) in the matter preceding clause (i), by inserting
``, in consultation with the Secretary of the Interior
and
[[Page 135 STAT. 1031]]
the Administrator of the Environmental Protection Agency
for purposes of clause (iv),'' after ``the Secretary'';
(B) in clause (iii), by striking ``and'' after the
semicolon;
(C) by redesignating clause (iv) as clause (v); and
(D) by inserting after clause (iii) the following:
``(iv) a description of the technical and
economic viability of siting solar energy
technologies on current and former mine land,
including necessary interconnection and
transmission siting and the impact on local job
creation; and''.
SEC. 40342. <<NOTE: 42 USC 18761.>> CLEAN ENERGY DEMONSTRATION
PROGRAM ON CURRENT AND FORMER MINE
LAND.
(a) Definitions.--In this section:
(1) Clean energy project.--The term ``clean energy project''
means a project that demonstrates 1 or more of the following
technologies:
(A) Solar.
(B) Micro-grids.
(C) Geothermal.
(D) Direct air capture.
(E) Fossil-fueled electricity generation with carbon
capture, utilization, and sequestration.
(F) Energy storage, including pumped storage
hydropower and compressed air storage.
(G) Advanced nuclear technologies.
(2) Economically distressed area.--The term ``economically
distressed area'' means an area described in section 301(a) of
the Public Works and Economic Development Act of 1965 (42 U.S.C.
3161(a)).
(3) Mine land.--The term ``mine land'' means--
(A) land subject to titles IV and V of the Surface
Mining Control and Reclamation Act of 1977 (30 U.S.C.
1231 et seq.; 30 U.S.C. 1251 et seq.); and
(B) land that has been claimed or patented subject
to sections 2319 through 2344 of the Revised Statutes
(commonly known as the ``Mining Law of 1872'') (30
U.S.C. 22 et seq.).
(4) Program.--The term ``program'' means the demonstration
program established under subsection (b).
(b) Establishment.--The Secretary shall establish a program to
demonstrate the technical and economic viability of carrying out clean
energy projects on current and former mine land.
(c) Selection of Demonstration Projects.--
(1) In general.--In carrying out the program, the Secretary
shall select not more than 5 clean energy projects, to be
carried out in geographically diverse regions, at least 2 of
which shall be solar projects.
(2) Eligibility.--To be eligible to be selected for
participation in the program under paragraph (1), a clean energy
project shall demonstrate, as determined by the Secretary, a
technology on a current or former mine land site with a
reasonable expectation of commercial viability.
(3) Priority.--In selecting clean energy projects for
participation in the program under paragraph (1), the Secretary
shall prioritize clean energy projects that will--
[[Page 135 STAT. 1032]]
(A) be carried out in a location where the greatest
number of jobs can be created from the successful
demonstration of the clean energy project;
(B) provide the greatest net impact in avoiding or
reducing greenhouse gas emissions;
(C) provide the greatest domestic job creation (both
directly and indirectly) during the implementation of
the clean energy project;
(D) provide the greatest job creation and economic
development in the vicinity of the clean energy project,
particularly--
(i) in economically distressed areas; and
(ii) with respect to dislocated workers who
were previously employed in manufacturing, coal
power plants, or coal mining;
(E) have the greatest potential for technological
innovation and commercial deployment;
(F) have the lowest levelized cost of generated or
stored energy;
(G) have the lowest rate of greenhouse gas emissions
per unit of electricity generated or stored; and
(H) have the shortest project time from permitting
to completion.
(4) <<NOTE: Consultation.>> Project selection.--The
Secretary shall solicit proposals for clean energy projects and
select clean energy project finalists in consultation with the
Secretary of the Interior, the Administrator of the
Environmental Protection Agency, and the Secretary of Labor.
(5) <<NOTE: Consultation.>> Compatibility with existing
operations.--Prior to selecting a clean energy project for
participation in the program under paragraph (1), the Secretary
shall consult with, as applicable, mining claimholders or
operators or the relevant Office of Surface Mining Reclamation
and Enforcement Abandoned Mine Land program office to confirm--
(A) that the proposed project is compatible with any
current mining, exploration, or reclamation activities;
and
(B) the valid existing rights of any mining
claimholders or operators.
(d) <<NOTE: Determination.>> Consultation.--The Secretary shall
consult with the Director of the Office of Surface Mining Reclamation
and Enforcement and the Administrator of the Environmental Protection
Agency, acting through the Office of Brownfields and Land
Revitalization, to determine whether it is necessary to promulgate
regulations or issue guidance in order to prioritize and expedite the
siting of clean energy projects on current and former mine land sites.
(e) Technical Assistance.--The Secretary shall provide technical
assistance to project applicants selected for participation in the
program under subsection (c) to assess the needed interconnection,
transmission, and other grid components and permitting and siting
necessary to interconnect, on current and former mine land where the
project will be sited, any generation or storage with the electric grid.
(f) <<NOTE: Time period.>> Authorization of Appropriations.--There
is authorized to be appropriated to the Secretary to carry out this
section $500,000,000 for the period of fiscal years 2022 through 2026.
[[Page 135 STAT. 1033]]
SEC. 40343. LEASES, EASEMENTS, AND RIGHTS-OF-WAY FOR ENERGY AND
RELATED PURPOSES ON THE OUTER
CONTINENTAL SHELF.
Section 8(p)(1)(C) of the Outer Continental Shelf Lands Act (43
U.S.C. 1337(p)(1)(C)) is amended by inserting ``storage,'' before ``or
transmission''.
TITLE IV--ENABLING ENERGY INFRASTRUCTURE INVESTMENT AND DATA COLLECTION
Subtitle A--Department of Energy Loan Program
SEC. 40401. DEPARTMENT OF ENERGY LOAN PROGRAMS.
(a) Title XVII Innovative Energy Loan Guarantee Program.--
(1) Reasonable prospect of repayment.--Section 1702(d)(1) of
the Energy Policy Act of 2005 (42 U.S.C. 16512(d)(1)) is
amended--
(A) by striking the paragraph designation and
heading and all that follows through ``No guarantee''
and inserting the following:
``(1) Requirement.--
``(A) In general.--No guarantee''; and
(B) by adding at the end the following:
``(B) <<NOTE: Determination.>> Reasonable prospect
of repayment.--The Secretary shall base a determination
of whether there is reasonable prospect of repayment
under subparagraph (A) on a comprehensive evaluation of
whether the borrower has a reasonable prospect of
repaying the guaranteed obligation for the eligible
project, including, as applicable, an evaluation of--
``(i) the strength of the contractual terms of
the eligible project (if commercially reasonably
available);
``(ii) the forecast of noncontractual cash
flows supported by market projections from
reputable sources, as determined by the Secretary;
``(iii) cash sweeps and other structure
enhancements;
``(iv) the projected financial strength of the
borrower--
``(I) at the time of loan close; and
``(II) throughout the loan term
after the project is completed;
``(v) the financial strength of the investors
and strategic partners of the borrower, if
applicable; and
``(vi) other financial metrics and analyses
that are relied on by the private lending
community and nationally recognized credit rating
agencies, as determined appropriate by the
Secretary.''.
(2) Loan guarantees for projects that increase the
domestically produced supply of critical minerals.--
[[Page 135 STAT. 1034]]
(A) In general.--Section 1703(b) of the Energy
Policy Act of 2005 (42 U.S.C. 16513(b)) is amended by
adding at the end the following:
``(13) Projects that increase the domestically produced
supply of critical minerals (as defined in section 7002(a) of
the Energy Act of 2020 (30 U.S.C. 1606(a)), including through
the production, processing, manufacturing, recycling, or
fabrication of mineral alternatives.''.
(B) Prohibition on use of previously appropriated
funds.--Amounts appropriated to the Department of Energy
before the date of enactment of this Act shall not be
made available for the cost of loan guarantees made
under paragraph (13) of section 1703(b) of the Energy
Policy Act of 2005 (42 U.S.C. 16513(b)).
(C) Prohibition on use of previously available
commitment authority.--Amounts made available to the
Department of Energy for commitments to guarantee loans
under section 1703 of the Energy Policy Act of 2005 (42
U.S.C. 16513) before the date of enactment of this Act
shall not be made available for commitments to guarantee
loans for projects described in paragraph (13) of
section 1703(b) of the Energy Policy Act of 2005 (42
U.S.C. 16513(b)).
(3) Conflicts of interest.--Section 1702 of the Energy
Policy Act of 2005 (42 U.S.C. 16512) is amended by adding at the
end the following:
``(r) <<NOTE: Certification.>> Conflicts of Interest.--For each
project selected for a guarantee under this title, the Secretary shall
certify that political influence did not impact the selection of the
project.''.
(b) Advanced Technology Vehicle Manufacturing.--
(1) Eligibility.--Section 136(a)(1) of the Energy
Independence and Security Act of 2007 (42 U.S.C. 17013(a)(1)) is
amended--
(A) in subparagraph (C), by striking the period at
the end and inserting a semicolon;
(B) by redesignating subparagraphs (A) through (C)
as clauses (i) through (iii), respectively, and
indenting appropriately;
(C) in the matter preceding clause (i) (as so
redesignated), by striking ``means an ultra'' and
inserting the following: ``means--
``(A) an ultra''; and
(D) by adding at the end the following:
``(B) a medium duty vehicle or a heavy duty vehicle
that exceeds 125 percent of the greenhouse gas emissions
and fuel efficiency standards established by the final
rule of the Environmental Protection Agency entitled
`Greenhouse Gas Emissions and Fuel Efficiency Standards
for Medium- and Heavy-Duty Engines and Vehicles--Phase
2' (81 Fed. Reg. 73478 (October 25, 2016));
``(C) a train or locomotive;
``(D) a maritime vessel;
``(E) an aircraft; and
``(F) hyperloop technology.''.
(2) Reasonable prospect of repayment.--Section 136(d) of the
Energy Independence and Security Act of 2007 (42 U.S.C.
17013(d)) is amended--
[[Page 135 STAT. 1035]]
(A) by striking paragraph (3) and inserting the
following:
``(3) <<NOTE: Determinations.>> Selection of eligible
projects.--
``(A) In general.--The Secretary shall select
eligible projects to receive loans under this subsection
if the Secretary determines that--
``(i) the loan recipient--
``(I) has a reasonable prospect of
repaying the principal and interest on
the loan;
``(II) will provide sufficient
information to the Secretary for the
Secretary to ensure that the qualified
investment is expended efficiently and
effectively; and
``(III) has met such other criteria
as may be established and published by
the Secretary; and
``(ii) the amount of the loan (when combined
with amounts available to the loan recipient from
other sources) will be sufficient to carry out the
project.
``(B) Reasonable prospect of repayment.--The
Secretary shall base a determination of whether there is
a reasonable prospect of repayment of the principal and
interest on a loan under subparagraph (A)(i)(I) on a
comprehensive evaluation of whether the loan recipient
has a reasonable prospect of repaying the principal and
interest, including, as applicable, an evaluation of--
``(i) the strength of the contractual terms of
the eligible project (if commercially reasonably
available);
``(ii) the forecast of noncontractual cash
flows supported by market projections from
reputable sources, as determined by the Secretary;
``(iii) cash sweeps and other structure
enhancements;
``(iv) the projected financial strength of the
loan recipient--
``(I) at the time of loan close; and
``(II) throughout the loan term
after the project is completed;
``(v) the financial strength of the investors
and strategic partners of the loan recipient, if
applicable; and
``(vi) other financial metrics and analyses
that are relied on by the private lending
community and nationally recognized credit rating
agencies, as determined appropriate by the
Secretary.''; and
(B) in paragraph (4)--
(i) in subparagraph (C), by striking ``and''
after the semicolon;
(ii) in subparagraph (D), by striking the
period at the end and inserting ``; and''; and
(iii) by adding at the end the following:
``(E) shall be subject to the condition that the
loan is not subordinate to other financing.''.
(3) Additional reforms.--Section 136 of the Energy
Independence and Security Act of 2007 (42 U.S.C. 17013) is
amended--
(A) in subsection (b) by striking ``ultra efficient
vehicle manufacturers, and component suppliers'' and
inserting
[[Page 135 STAT. 1036]]
``ultra efficient vehicle manufacturers, advanced
technology vehicle manufacturers, and component
suppliers'';
(B) in subsection (h)--
(i) in the subsection heading, by striking
``Automobile'' and inserting ``Advanced Technology
Vehicle''; and
(ii) in paragraph (1)(B), by striking
``automobiles, or components of automobiles'' and
inserting ``advanced technology vehicles, or
components of advanced technology vehicles'';
(C) by striking subsection (i);
(D) by redesignating subsection (j) as subsection
(i); and
(E) by adding at the end the following:
``(j) Coordination.--In carrying out this section, the Secretary
shall coordinate with relevant vehicle, bioenergy, and hydrogen and fuel
cell demonstration project activities supported by the Department.
``(k) Outreach.--In carrying out this section, the Secretary shall--
``(1) provide assistance with the completion of applications
for awards or loans under this section; and
``(2) conduct outreach, including through conferences and
online programs, to disseminate information on awards and loans
under this section to potential applicants.
``(l) Prohibition on Use of Appropriated Funds.--Amounts
appropriated to the Secretary before the date of enactment of this
subsection shall not be available to the Secretary to provide awards
under subsection (b) or loans under subsection (d) for the costs of
activities that were not eligible for those awards or loans on the day
before that date.
``(m) Report.--Not later than 2 years after the date of enactment of
this subsection, and every 3 years thereafter, the Secretary shall
submit to Congress a report on the status of projects supported by a
loan under this section, including--
``(1) <<NOTE: List.>> a list of projects receiving a loan
under this section, including the loan amount and construction
status of each project;
``(2) the status of the loan repayment for each project,
including future repayment projections;
``(3) <<NOTE: Data.>> data regarding the number of direct
and indirect jobs retained, restored, or created by financed
projects;
``(4) the number of new projects projected to receive a loan
under this section in the next 2 years, including the projected
aggregate loan amount over the next 2 years;
``(5) <<NOTE: Evaluation.>> evaluation of ongoing
compliance with the assurances and commitments, and of the
predictions, made by applicants pursuant to paragraphs (2) and
(3) of subsection (d);
``(6) the total number of applications received by the
Department each year; and
``(7) any other metrics the Secretary determines
appropriate.''.
(4) Conflicts of interest.--Section 136(d) of the Energy
Independence and Security Act of 2007 (42 U.S.C. 17013(d)) is
amended by adding at the end the following:
``(5) <<NOTE: Certification.>> Conflicts of interest.--For
each eligible project selected to receive a loan under this
subsection, the Secretary
[[Page 135 STAT. 1037]]
shall certify that political influence did not impact the
selection of the eligible project.''.
(c) State Loan Eligibility.--
(1) Definitions.--Section 1701 of the Energy Policy Act of
2005 (42 U.S.C. 16511) is amended by adding at the end the
following:
``(6) State.--The term `State' has the meaning given the
term in section 202 of the Energy Conservation and Production
Act (42 U.S.C. 6802).
``(7) State energy financing institution.--
``(A) In general.--The term `State energy financing
institution' means a quasi-independent entity or an
entity within a State agency or financing authority
established by a State--
``(i) to provide financing support or credit
enhancements, including loan guarantees and loan
loss reserves, for eligible projects; and
``(ii) to create liquid markets for eligible
projects, including warehousing and
securitization, or take other steps to reduce
financial barriers to the deployment of existing
and new eligible projects.
``(B) Inclusion.--The term `State energy financing
institution' includes an entity or organization
established to achieve the purposes described in clauses
(i) and (ii) of subparagraph (A) by an Indian Tribal
entity or an Alaska Native Corporation.''.
(2) Terms and conditions.--Section 1702 of the Energy Policy
Act of 2005 (42 U.S.C. 16512) is amended--
(A) in subsection (a), by inserting ``, including
projects receiving financial support or credit
enhancements from a State energy financing
institution,'' after ``for projects'';
(B) in subsection (d)(1), by inserting ``, including
a guarantee for a project receiving financial support or
credit enhancements from a State energy financing
institution,'' after ``No guarantee''; and
(C) by adding at the end the following:
``(r) State Energy Financing Institutions.--
``(1) Eligibility.--To be eligible for a guarantee under
this title, a project receiving financial support or credit
enhancements from a State energy financing institution--
``(A) shall meet the requirements of section
1703(a)(1); and
``(B) shall not be required to meet the requirements
of section 1703(a)(2).
``(2) Partnerships authorized.--In carrying out a project
receiving a loan guarantee under this title, State energy
financing institutions may enter into partnerships with private
entities, Tribal entities, and Alaska Native corporations.
``(3) Prohibition on use of appropriated funds.--Amounts
appropriated to the Department of Energy before the date of
enactment of this subsection shall not be available to be used
for the cost of loan guarantees for projects receiving financing
support or credit enhancements under this subsection.''.
(d) Loan Guarantees for Certain Alaska Natural Gas Transportation
Projects and Systems.--Section 116 of the Alaska Natural Gas Pipeline
Act (15 U.S.C. 720n) is amended--
[[Page 135 STAT. 1038]]
(1) in subsection (a)--
(A) in paragraph (1), by striking ``to West Coast
States''; and
(B) in paragraph (3), in the second sentence, by
striking ``to the continental United States'';
(2) in subsection (b)(1), in the first sentence, by striking
``to West Coast States''; and
(3) in subsection (g)(4)--
(A) by inserting by striking ``plants liquification
plants and'' and inserting ``plants, liquification
plants, and'';
(B) by striking ``to the West Coast''; and
(C) by striking ``to the continental United
States''.
Subtitle B--Energy Information Administration
SEC. 40411. <<NOTE: 42 USC 18771.>> DEFINITIONS.
In this subtitle:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Energy Information Administration.
(2) Annual critical minerals outlook.--The term ``Annual
Critical Minerals Outlook'' means the Annual Critical Minerals
Outlook prepared under section 7002(j)(1)(B) of the Energy Act
of 2020 (30 U.S.C. 1606(j)(1)(B)).
(3) Critical mineral.--The term ``critical mineral'' has the
meaning given the term in section 7002(a) of the Energy Act of
2020 (30 U.S.C. 1606(a)).
(4) Household energy burden.--The term ``household energy
burden'' means the quotient obtained by dividing--
(A) the residential energy expenditures (as defined
in section 440.3 of title 10, Code of Federal
Regulations (as in effect on the date of enactment of
this Act)) of the applicable household; by
(B) the annual income of that household.
(5) Household with a high energy burden.--The term
``household with a high energy burden'' has the meaning given
the term in section 440.3 of title 10, Code of Federal
Regulations (as in effect on the date of enactment of this Act).
(6) Large manufacturing facility.--The term ``large
manufacturing facility'' means a manufacturing facility that--
(A) annually consumes more than 35,000 megawatt-
hours of electricity; or
(B) has a peak power demand of more than 10
megawatts.
(7) Load-serving entity.--The term ``load-serving entity''
has the meaning given the term in section 217(a) of the Federal
Power Act (16 U.S.C. 824q(a)).
(8) Miscellaneous electric load.--The term ``miscellaneous
electric load'' means electricity that--
(A) is used by an appliance or device--
(i) within a building; or
(ii) to serve a building; and
(B) is not used for heating, ventilation, air
conditioning, lighting, water heating, or refrigeration.
(9) Regional transmission organization.--The term ``Regional
Transmission Organization'' has the meaning given
[[Page 135 STAT. 1039]]
the term in section 3 of the Federal Power Act (16 U.S.C. 796).
(10) Rural area.--The term ``rural area'' has the meaning
given the term in section 609(a) of the Public Utility
Regulatory Policies Act of 1978 (7 U.S.C. 918c(a)).
SEC. 40412. <<NOTE: 42 USC 18772.>> DATA COLLECTION IN THE
ELECTRICITY SECTOR.
(a) Dashboard.--
(1) Establishment.--
(A) <<NOTE: Deadline.>> In general.--Not later than
90 days after the date of enactment of this Act, the
Administrator shall establish an online database to
track the operation of the bulk power system in the
contiguous 48 States (referred to in this section as the
``Dashboard'').
(B) Improvement of existing dashboard.--The
Dashboard may be established through the improvement, in
accordance with this subsection, of an existing
dashboard of the Energy Information Administration, such
as--
(i) the U.S. Electric System Operating Data
dashboard; or
(ii) the Hourly Electric Grid Monitor.
(2) Expansion.--
(A) <<NOTE: Deadline.>> In general.--Not later than
1 year after the date of enactment of this Act, the
Administrator shall expand the Dashboard to include, to
the maximum extent practicable, hourly operating data
collected from the electricity balancing authorities
that operate the bulk power system in all of the several
States, each territory of the United States, and the
District of Columbia.
(B) Types of data.--The hourly operating data
collected under subparagraph (A) may include data
relating to--
(i) total electricity demand;
(ii) electricity demand by subregion;
(iii) short-term electricity demand forecasts;
(iv) total electricity generation;
(v) net electricity generation by fuel type,
including renewables;
(vi) electricity stored and discharged;
(vii) total net electricity interchange;
(viii) electricity interchange with directly
interconnected balancing authorities; and
(ix) where available, the estimated marginal
greenhouse gas emissions per megawatt hour of
electricity generated--
(I) within the metered boundaries of
each balancing authority; and
(II) for each pricing node.
(b) Mix of Energy Sources.--
(1) <<NOTE: Deadline. Determination.>> In general.--Not
later than 1 year after the date of enactment of this Act, the
Administrator shall establish, in accordance with section 40419
and this subsection and to the extent the Administrator
determines to be appropriate, a system to harmonize the
operating data on electricity generation collected under
subsection (a) with--
[[Page 135 STAT. 1040]]
(A) measurements of greenhouse gas and other
pollutant emissions collected by the Environmental
Protection Agency;
(B) other data collected by the Environmental
Protection Agency or other relevant Federal agencies, as
the Administrator determines to be appropriate; and
(C) data collected by State or regional energy
credit registries.
(2) Outcomes.--The system established under paragraph (1)
shall result in an integrated dataset that includes, for any
given time--
(A) the net generation of electricity by megawatt
hour within the metered boundaries of each balancing
authority; and
(B) where available, the average and marginal
greenhouse gas emissions by megawatt hour of electricity
generated within the metered boundaries of each
balancing authority.
(3) Real-time data dissemination.--To the maximum extent
practicable, the system established under paragraph (1) shall
disseminate data--
(A) on a real-time basis; and
(B) through an application programming interface
that is publicly accessible.
(4) Complementary efforts.--The system established under
paragraph (1) shall complement any existing data dissemination
efforts of the Administrator that make use of electricity
generation data, such as electricity demand by subregion and
electricity interchange with directly interconnected balancing
authorities.
(c) Observed Characteristics of Bulk Power System Resource
Integration.--
(1) <<NOTE: Deadline.>> In general.--Not later than 1 year
after the date of enactment of this Act, the Administrator shall
establish a system to provide to the public timely data on the
integration of energy resources into the bulk power system and
the electric distribution grids in the United States, and the
observed effects of that integration.
(2) Requirements.--In carrying out paragraph (1), the
Administrator shall seek to improve the temporal and spatial
resolution of data relating to how grid operations are changing,
such as through--
(A) thermal generator cycling to accommodate
intermittent generation;
(B) generation unit self-scheduling practices;
(C) renewable source curtailment;
(D) utility-scale storage;
(E) load response;
(F) aggregations of distributed energy resources at
the distribution system level;
(G) power interchange between directly connected
balancing authorities;
(H) expanding Regional Transmission Organization
balancing authorities;
(I) improvements in real-time--
(i) accuracy of locational marginal prices;
and
(ii) signals to flexible demand; and
[[Page 135 STAT. 1041]]
(J) disruptions to grid operations, including
disruptions caused by cyber sources, physical sources,
extreme weather events, or other sources.
(d) <<NOTE: Public information.>> Distribution System Operations.--
(1) <<NOTE: Deadline.>> In general.--Not later than 1 year
after the date of enactment of this Act, the Administrator shall
establish a system to provide to the public timely data on the
operations of load-serving entities in the electricity grids of
the United States.
(2) Requirements.--
(A) In general.--In carrying out paragraph (1), the
Administrator shall--
(i) <<NOTE: Deadline.>> not less frequently
than annually, provide data on--
(I) the delivered generation
resource mix for each load-serving
entity; and
(II) the distributed energy
resources operating within each service
area of a load-serving entity;
(ii) harmonize the data on delivered
generation resource mix described in clause (i)(I)
with measurements of greenhouse gas emissions
collected by the Environmental Protection Agency;
(iii) to the maximum extent practicable,
disseminate the data described in clause (i)(I)
and the harmonized data described in clause (ii)
on a real-time basis; and
(iv) <<NOTE: Deadline.>> provide historical
data, beginning with the earliest calendar year
practicable, but not later than calendar year
2020, on the delivered generation resource mix
described in clause (i)(I).
(B) Data on the delivered generation resource mix.--
In collecting the data described in subparagraph
(A)(i)(I), the Administrator shall--
(i) use existing voluntary industry
methodologies, including reporting protocols,
databases, and emissions and energy use tracking
software that provide consistent, timely, and
accessible carbon emissions intensity rates for
delivered electricity;
(ii) consider that generation and transmission
entities may provide data on behalf of load-
serving entities;
(iii) <<NOTE: Determination.>> to the extent
that the Administrator determines necessary, and
in a manner designed to protect confidential
information, require each load-serving entity to
submit additional information as needed to
determine the delivered generation resource mix of
the load-serving entity, including financial or
contractual agreements for power and generation
resource type attributes with respect to power
owned by or retired by the load-serving entity;
and
(iv) for any portion of the generation
resource mix of a load-serving entity that is
otherwise unaccounted for, develop a methodology
to assign to the load-serving entity a share of
the otherwise unaccounted for resource mix of the
relevant balancing authority.
[[Page 135 STAT. 1042]]
SEC. 40413. <<NOTE: 42 USC 18773.>> EXPANSION OF ENERGY
CONSUMPTION SURVEYS.
(a) <<NOTE: Deadline.>> In General.--Not later than 2 years after
the date of enactment of this Act, the Administrator shall implement
measures to expand the Manufacturing Energy Consumption Survey, the
Commercial Building Energy Consumption Survey, and the Residential
Energy Consumption Survey to include data on energy end use in order to
facilitate the identification of--
(1) opportunities to improve energy efficiency and energy
productivity;
(2) changing patterns of energy use; and
(3) opportunities to better understand and manage
miscellaneous electric loads.
(b) Requirements.--
(1) In general.--In carrying out subsection (a), the
Administrator shall--
(A) increase the scope and frequency of data
collection on energy end uses and services;
(B) use new data collection methods and tools in
order to obtain more comprehensive data and reduce the
burden on survey respondents, including by--
(i) accessing other existing data sources; and
(ii) if feasible, developing online and real-
time reporting systems;
(C) <<NOTE: Reports.>> identify and report
community-level economic and environmental impacts,
including with respect to--
(i) the reliability and security of the energy
supply; and
(ii) local areas with households with a high
energy burden; and
(D) improve the presentation of data, including by--
(i) enabling the presentation of data in an
interactive cartographic format on a national,
regional, State, and local level with the
functionality of viewing various economic, energy,
and demographic measures on an individual basis or
in combination; and
(ii) incorporating the results of the data
collection, methods, and tools described in
subparagraphs (A) and (B) into existing and new
digital distribution methods.
(2) Manufacturing energy consumption survey.--With respect
to the Manufacturing Energy Consumption Survey, the
Administrator shall--
(A) implement measures to provide more detailed
representations of data by region;
(B) for large manufacturing facilities, break out
process heat use by required process temperatures in
order to facilitate the identification of opportunities
for cost reductions and energy efficiency or energy
productivity improvements;
(C) collect information on--
(i) energy source-switching capabilities,
especially with respect to thermal processes and
the efficiency of thermal processes;
(ii) the use of electricity, biofuels,
hydrogen, or other alternative fuels to produce
process heat; and
(iii) the use of demand response; and
(D) identify current and potential future industrial
clusters in which multiple firms and facilities in a
defined
[[Page 135 STAT. 1043]]
geographic area share the costs and benefits of
infrastructure for clean manufacturing, such as--
(i) hydrogen generation, production,
transport, use, and storage infrastructure; and
(ii) carbon dioxide capture, transport, use,
and storage infrastructure.
(3) Residential energy consumption survey.--With respect to
the Residential Energy Consumption Survey, the Administrator
shall--
(A) implement measures to provide more detailed
representations of data by--
(i) geographic area, including by State (for
each State);
(ii) building type, including multi-family
buildings;
(iii) household income;
(iv) location in a rural area; and
(v) other demographic characteristics, as
determined by the Administrator; and
(B) report measures of--
(i) household electrical service capacity;
(ii) access to utility demand-side management
programs and bill credits;
(iii) characteristics of the energy mix used
to generate electricity in different regions; and
(iv) the household energy burden for
households--
(I) in different geographic areas;
(II) by electricity, heating, and
other end-uses; and
(III) with different demographic
characteristics that correlate with
increased household energy burden,
including--
(aa) having a low household
income;
(bb) being a minority
household;
(cc) residing in
manufactured or multifamily
housing;
(dd) being in a fixed or
retirement income household;
(ee) residing in rental
housing; and
(ff) other factors, as
determined by the Administrator.
SEC. 40414. <<NOTE: 42 USC 18774.>> DATA COLLECTION ON ELECTRIC
VEHICLE INTEGRATION WITH THE
ELECTRICITY GRIDS.
(a) <<NOTE: Deadline.>> In General.--Not later than 1 year after
the date of enactment of this Act, the Administrator shall develop and
implement measures to expand data collection with respect to electric
vehicle integration with the electricity grids.
(b) Sources of Data.--The sources of the data collected pursuant to
subsection (a) may include--
(1) host-owned or charging-network-owned electric vehicle
charging stations;
(2) aggregators of charging-network electricity demand;
(3) electric utilities offering managed-charging programs;
(4) individual, corporate, or public owners of electric
vehicles; and
(5) balancing authority analyses of--
(A) transformer loading congestion; and
[[Page 135 STAT. 1044]]
(B) distribution-system congestion.
(c) Consultation and Coordination.--In carrying out subsection (a),
the Administrator may consult and enter into agreements with other
institutions having relevant data and data collection capabilities, such
as--
(1) the Secretary of Transportation;
(2) the Secretary;
(3) the Administrator of the Environmental Protection
Agency;
(4) States or State agencies; and
(5) private entities.
SEC. 40415. <<NOTE: 42 USC 18775.>> PLAN FOR THE MODELING AND
FORECASTING OF DEMAND FOR MINERALS
USED IN THE ENERGY SECTOR.
(a) Plan.--
(1) <<NOTE: Deadline. Coordination.>> In general.--Not later
than 180 days after the date of enactment of this Act, the
Administrator, in coordination with the Director of the United
States Geological Survey, shall develop a plan for the modeling
and forecasting of demand for energy technologies, including for
energy production, transmission, or storage purposes, that use
minerals that are or could be designated as critical minerals.
(2) Inclusions.--The plan developed under paragraph (1)
shall identify--
(A) the type and quantity of minerals consumed,
delineated by energy technology;
(B) existing markets for manufactured energy-
producing, energy-transmission, and energy-storing
equipment; and
(C) emerging or potential markets for new energy-
producing, energy-transmission, and energy-storing
technologies entering commercialization.
(b) Metrics.--The plan developed under subsection (a)(1) shall
produce forecasts of energy technology demand--
(1) <<NOTE: Time periods.>> over the 1-year, 5-year, and
10-year periods beginning on the date on which development of
the plan is completed;
(2) by economic sector; and
(3) <<NOTE: Determination.>> according to any other
parameters that the Administrator, in collaboration with the
Secretary of the Interior, acting through the Director of the
United States Geological Survey, determines are needed for the
Annual Critical Minerals Outlook.
(c) <<NOTE: Consultation.>> Collaboration.--The Administrator shall
develop the plan under subsection (a)(1) in consultation with--
(1) the Secretary with respect to the possible trajectories
of emerging energy-producing and energy-storing technologies;
and
(2) the Secretary of the Interior, acting through the
Director of the United States Geological Survey--
(A) to ensure coordination;
(B) to avoid duplicative effort; and
(C) to align the analysis of demand with data and
analysis of where the minerals are produced, refined,
and subsequently processed into materials and parts that
are used to build energy technologies.
[[Page 135 STAT. 1045]]
SEC. 40416. <<NOTE: 42 USC 18776.>> EXPANSION OF INTERNATIONAL
ENERGY DATA.
(a) <<NOTE: Deadline.>> In General.--Not later than 1 year after the
date of enactment of this Act, the Administrator shall implement
measures to expand and improve the international energy data resources
of the Energy Information Administration in order to understand--
(1) the production and use of energy in various countries;
(2) changing patterns of energy use internationally;
(3) the relative costs and environmental impacts of energy
production and use internationally; and
(4) plans for or construction of major energy facilities or
infrastructure.
(b) Requirements.--In carrying out subsection (a), the Administrator
shall--
(1) work with, and leverage the data resources of, the
International Energy Agency;
(2) include detail on energy consumption by fuel, economic
sector, and end use within countries for which data are
available;
(3) collect relevant measures of energy use, including--
(A) cost; and
(B) emissions intensity; and
(4) provide tools that allow for straightforward country-to-
country comparisons of energy production and consumption across
economic sectors and end uses.
SEC. 40417. PLAN FOR THE NATIONAL ENERGY MODELING SYSTEM.
<<NOTE: Deadline.>> Not later than 180 days after the date of
enactment of this Act, the Administrator shall develop a plan to
identify any need or opportunity to update or further the capabilities
of the National Energy Modeling System, including with respect to--
(1) treating energy demand endogenously;
(2) increased natural gas usage and increased market
penetration of renewable energy;
(3) flexible operating modes of nuclear power plants, such
as load following and frequency control;
(4) tools to model multiple-output energy systems that
provide hydrogen, high-value heat, electricity, and chemical
synthesis services, including interactions of those energy
systems with the electricity grids, pipeline networks, and the
broader economy;
(5) demand response and improved representation of energy
storage, including long-duration storage, in capacity expansion
models;
(6) electrification, particularly with respect to the
transportation, industrial, and buildings sectors;
(7) increasing model resolution to represent all hours of
the year and all electricity generators;
(8) wholesale electricity market design and the appropriate
valuation of all services that support the reliability of
electricity grids, such as--
(A) battery storage; and
(B) synthetic inertia from grid-tied inverters;
(9) economic modeling of the role of energy efficiency,
demand response, electricity storage, and a variety of
distributed generation technologies;
(10) the production, transport, use, and storage of carbon
dioxide, hydrogen, and hydrogen carriers;
[[Page 135 STAT. 1046]]
(11) greater flexibility in--
(A) the modeling of the environmental impacts of
electricity systems, such as--
(i) emissions of greenhouse gases and other
pollutants; and
(ii) the use of land and water resources; and
(B) the ability to support climate modeling, such as
the climate modeling performed by the Office of
Biological and Environmental Research in the Office of
Science of the Department;
(12) technologies that are in an early stage of commercial
deployment and have been identified by the Secretary as
candidates for large-scale demonstration projects, such as--
(A) carbon capture, transport, use, and storage from
any source or economic sector;
(B) direct air capture;
(C) hydrogen production, including via electrolysis;
(D) synthetic and biogenic hydrocarbon liquid and
gaseous fuels;
(E) supercritical carbon dioxide combustion
turbines;
(F) industrial fuel cell and hydrogen combustion
equipment; and
(G) industrial electric boilers;
(13) increased and improved data sources and tools,
including--
(A) the establishment of technology and cost
baselines, including technology learning rates;
(B) economic and employment impacts of energy system
policies and energy prices on households, as a function
of household income and region; and
(C) the use of behavioral economics to inform demand
modeling in all sectors; and
(14) striving to migrate toward a single, consistent, and
open-source modeling platform, and increasing open access to
model systems, data, and outcomes, for--
(A) disseminating reference scenarios that can be
transparently and broadly replicated; and
(B) promoting the development of the researcher and
analyst workforce needed to continue the development and
validation of improved energy system models in the
future.
SEC. 40418. REPORT ON COSTS OF CARBON ABATEMENT IN THE ELECTRICITY
SECTOR.
Not later than 270 days after the date of enactment of this Act, the
Administrator shall submit to Congress a report on--
(1) the potential use of levelized cost of carbon abatement
or a similar metric in analyzing generators of electricity,
including an identification of limitations and appropriate uses
of the metric;
(2) the feasibility and impact of incorporating levelized
cost of carbon abatement in long-term forecasts--
(A) to compare technical approaches and understand
real-time changes in fossil-fuel and nuclear dispatch;
(B) to compare the system-level costs of technology
options to reduce emissions; and
[[Page 135 STAT. 1047]]
(C) to compare the costs of policy options,
including current policies, regarding valid and
verifiable reductions and removals of carbon; and
(3)(A) a potential process to measure carbon dioxide
emissions intensity per unit of output production for a range
of--
(i) energy sources;
(ii) sectors; and
(iii) geographic regions; and
(B) a corresponding process to provide an empirical
framework for reporting the status and costs of carbon
dioxide reduction relative to specified goals.
SEC. 40419. <<NOTE: Deadline. Determinations. 42 USC 18777.>>
HARMONIZATION OF EFFORTS AND DATA.
Not later than 1 year after the date of enactment of this Act, the
Administrator shall establish a system to harmonize, to the maximum
extent practicable and consistent with data integrity--
(1) the data collection efforts of the Administrator,
including any data collection required under this subtitle, with
the data collection efforts of--
(A) the Environmental Protection Agency, as the
Administrator determines to be appropriate;
(B) other relevant Federal agencies, as the
Administrator determines to be appropriate; and
(C) State or regional energy credit registries, as
the Administrator determines to be appropriate;
(2) the data collected under this subtitle, including the
operating data on electricity generation collected under section
40412(a), with data collected by the entities described in
subparagraphs (A) through (C) of paragraph (1), including any
measurements of greenhouse gas and other pollutant emissions
collected by the Environmental Protection Agency, as the
Administrator determines to be appropriate; and
(3) the efforts of the Administrator to identify and report
relevant impacts, opportunities, and patterns with respect to
energy use, including the identification of community-level
economic and environmental impacts required under section
40413(b)(1)(C), with the efforts of the Environmental Protection
Agency and other relevant Federal agencies, as determined by the
Administrator, to identify similar impacts, opportunities, and
patterns.
Subtitle C--Miscellaneous
SEC. 40431. CONSIDERATION OF MEASURES TO PROMOTE GREATER
ELECTRIFICATION OF THE TRANSPORTATION
SECTOR.
(a) In General.--Section 111(d) of the Public Utility Regulatory
Policies Act of 1978 (16 U.S.C. 2621(d)) (as amended by section
40104(a)(1)) is amended by adding at the end the following:
``(21) Electric vehicle charging programs.--Each State shall
consider measures to promote greater electrification of the
transportation sector, including the establishment of rates
that--
``(A) promote affordable and equitable electric
vehicle charging options for residential, commercial,
and public electric vehicle charging infrastructure;
[[Page 135 STAT. 1048]]
``(B) improve the customer experience associated
with electric vehicle charging, including by reducing
charging times for light-, medium-, and heavy-duty
vehicles;
``(C) accelerate third-party investment in electric
vehicle charging for light-, medium-, and heavy-duty
vehicles; and
``(D) appropriately recover the marginal costs of
delivering electricity to electric vehicles and electric
vehicle charging infrastructure.''.
(b) Compliance.--
(1) Time limitation.--Section 112(b) of the Public Utility
Regulatory Policies Act of 1978 (16 U.S.C. 2622(b)) (as amended
by section 40104(a)(2)(A)) is amended by adding at the end the
following:
``(8)(A) <<NOTE: Deadlines.>> Not later than 1 year after
the date of enactment of this paragraph, each State regulatory
authority (with respect to each electric utility for which the
State has ratemaking authority) and each nonregulated utility
shall commence consideration under section 111, or set a hearing
date for consideration, with respect to the standard established
by paragraph (21) of section 111(d).
``(B) Not later than 2 years after the date of
enactment of this paragraph, each State regulatory
authority (with respect to each electric utility for
which the State has ratemaking authority), and each
nonregulated electric utility shall complete the
consideration and make the determination under section
111 with respect to the standard established by
paragraph (21) of section 111(d).''.
(2) Failure to comply.--Section 112(c) of the Public Utility
Regulatory Policies Act of 1978 (16 U.S.C. 2622(c)) (as amended
by section 40104(a)(2)(B)(i)) is amended by adding at the end
the following: ``In the case of the standard established by
paragraph (21) of section 111(d), the reference contained in
this subsection to the date of enactment of this Act shall be
deemed to be a reference to the date of enactment of that
paragraph (21).''.
(3) Prior state actions.--
(A) In general.--Section 112 of the Public Utility
Regulatory Policies Act of 1978 (16 U.S.C. 2622) (as
amended by section 40104(a)(2)(C)(i)) is amended by
adding at the end the following:
``(h) Other Prior State Actions.--Subsections (b) and (c) shall not
apply to the standard established by paragraph (21) of section 111(d) in
the case of any electric utility in a State if, before the date of
enactment of this subsection--
``(1) the State has implemented for the electric utility the
standard (or a comparable standard);
``(2) the State regulatory authority for the State or the
relevant nonregulated electric utility has conducted a
proceeding to consider implementation of the standard (or a
comparable standard) for the electric utility; or
``(3) <<NOTE: Time period.>> the State legislature has voted
on the implementation of the standard (or a comparable standard)
for the electric utility during the 3-year period ending on that
date of enactment.''.
(B) Cross-reference.--Section 124 of the Public
Utility Regulatory Policies Act of 1978 (16 U.S.C. 2634)
[[Page 135 STAT. 1049]]
(as amended by section 40104(a)(2)(C)(ii)(II)) is
amended by adding at the end the following: ``In the
case of the standard established by paragraph (21) of
section 111(d), the reference contained in this section
to the date of enactment of this Act shall be deemed to
be a reference to the date of enactment of that
paragraph (21).''.
SEC. 40432. OFFICE OF PUBLIC PARTICIPATION.
Section 319 of the Federal Power Act (16 U.S.C. 825q-1) is amended--
(1) in subsection (a)(2)--
(A) in subparagraph (A), by striking the third
sentence; and
(B) in subparagraph (B)--
(i) by striking the third sentence and
inserting the following: ``The Director shall be
compensated at a rate of pay not greater than the
maximum rate of pay prescribed for a senior
executive in the Senior Executive Service under
section 5382 of title 5, United States Code.'';
and
(ii) by striking the first sentence; and
(2) in subsection (b), by striking paragraph (4).
SEC. 40433. DIGITAL CLIMATE SOLUTIONS REPORT.
(a) <<NOTE: Consultation. Assessments.>> In General.--Not later than
1 year after the date of enactment of this Act, the Secretary, in
consultation with appropriate Federal agencies and relevant
stakeholders, shall submit to the Committee on Energy and Natural
Resources of the Senate and the Committee on Energy and Commerce of the
House of Representatives a report that assesses using digital tools and
platforms as climate solutions, including--
(1) artificial intelligence and machine learning;
(2) blockchain technologies and distributed ledgers;
(3) crowdsourcing platforms;
(4) the Internet of Things;
(5) distributed computing for the grid; and
(6) software and systems.
(b) Contents.--The report required under subsection (a) shall
include--
(1) as practicable, a full inventory and assessment of
digital climate solutions;
(2) <<NOTE: Analysis.>> an analysis of how the private
sector can utilize the digital tools and platforms included in
the inventory under paragraph (1) to accelerate digital climate
solutions; and
(3) <<NOTE: Summary.>> a summary of opportunities to
enhance the standardization of voluntary and regulatory climate
disclosure protocols, including enabling the data to be
disseminated through an application programming interface that
is accessible to the public.
SEC. 40434. STUDY AND REPORT BY THE SECRETARY OF ENERGY ON JOB
LOSS AND IMPACTS ON CONSUMER ENERGY
COSTS DUE TO THE REVOCATION OF THE
PERMIT FOR THE KEYSTONE XL PIPELINE.
(a) Definition of Executive Order.--In this section, the term
``Executive Order'' means Executive Order 13990 (86 Fed. Reg. 7037;
relating to protecting public health and the environment and restoring
science to tackle the climate crisis).
[[Page 135 STAT. 1050]]
(b) Study and Report.--The Secretary shall--
(1) <<NOTE: Estimates. Time period.>> conduct a study to
estimate--
(A) the total number of jobs that were lost as a
direct or indirect result of section 6 of the Executive
Order over the 10-year period beginning on the date on
which the Executive Order was issued; and
(B) the impact on consumer energy costs that are
projected to result as a direct or indirect result of
section 6 of the Executive Order over the 10-year period
beginning on the date on which the Executive Order was
issued; and
(2) not later than 90 days after the date of enactment of
this Act, submit to Congress a report describing the findings of
the study conducted under paragraph (1).
SEC. 40435. <<NOTE: Reports.>> STUDY ON IMPACT OF ELECTRIC
VEHICLES.
Not later than 120 days after the date of enactment of this Act, the
Secretary shall conduct, and submit to Congress a report describing the
results of, a study on the cradle to grave environmental impact of
electric vehicles.
SEC. 40436. <<NOTE: Deadline. Coordination.>> STUDY ON IMPACT OF
FORCED LABOR IN CHINA ON THE ELECTRIC
VEHICLE SUPPLY CHAIN.
Not later than 120 days after the date of enactment of this Act, the
Secretary, in coordination with the Secretary of State and the Secretary
of Commerce, shall study the impact of forced labor in China on the
electric vehicle supply chain.
TITLE V--ENERGY EFFICIENCY AND BUILDING INFRASTRUCTURE
Subtitle A--Residential and Commercial Energy Efficiency
SEC. 40501. <<NOTE: 42 USC 18791.>> DEFINITIONS.
In this subtitle:
(1) Priority state.--The term ``priority State'' means a
State that--
(A) is eligible for funding under the State Energy
Program; and
(B)(i) is among the 15 States with the highest
annual per-capita combined residential and commercial
sector energy consumption, as most recently reported by
the Energy Information Administration; or
(ii) is among the 15 States with the highest annual
per-capita energy-related carbon dioxide emissions by
State, as most recently reported by the Energy
Information Administration.
(2) Program.--The term ``program'' means the program
established under section 40502(a).
(3) State.--The term ``State'' means a State (as defined in
section 3 of the Energy Policy and Conservation Act (42 U.S.C.
6202)), acting through a State energy office.
(4) State energy program.--The term ``State Energy Program''
means the State Energy Program established under
[[Page 135 STAT. 1051]]
part D of title III of the Energy Policy and Conservation Act
(42 U.S.C. 6321 et seq.).
SEC. 40502. <<NOTE: 42 USC 18792.>> ENERGY EFFICIENCY REVOLVING
LOAN FUND CAPITALIZATION GRANT
PROGRAM.
(a) <<NOTE: Deadline.>> In General.--Not later than 1 year after
the date of enactment of this Act, under the State Energy Program, the
Secretary shall establish a program under which the Secretary shall
provide capitalization grants to States to establish a revolving loan
fund under which the State shall provide loans and grants, as
applicable, in accordance with this section.
(b) Distribution of Funds.--
(1) All states.--
(A) In general.--Of the amounts made available under
subsection (j), the Secretary shall use 40 percent to
provide capitalization grants to States that are
eligible for funding under the State Energy Program, in
accordance with the allocation formula established under
section 420.11 of title 10, Code of Federal Regulations
(or successor regulations).
(B) Remaining funding.--After applying the
allocation formula described in subparagraph (A), the
Secretary shall redistribute any unclaimed funds to the
remaining States seeking capitalization grants under
that subparagraph.
(2) Priority states.--
(A) <<NOTE: Determination.>> In general.--Of the
amounts made available under subsection (j), the
Secretary shall use 60 percent to provide supplemental
capitalization grants to priority States in accordance
with an allocation formula determined by the Secretary.
(B) Remaining funding.--After applying the
allocation formula described in subparagraph (A), the
Secretary shall redistribute any unclaimed funds to the
remaining priority States seeking supplemental
capitalization grants under that subparagraph.
(C) Grant amount.--
(i) Maximum amount.--The amount of a
supplemental capitalization grant provided to a
State under this paragraph shall not exceed
$15,000,000.
(ii) Supplement not supplant.--A supplemental
capitalization grant received by a State under
this paragraph shall supplement, not supplant, a
capitalization grant received by that State under
paragraph (1).
(c) Applications for Capitalization Grants.--A State seeking a
capitalization grant under the program shall submit to the Secretary an
application at such time, in such manner, and containing such
information as the Secretary may require, including--
(1) <<NOTE: Plan.>> a detailed explanation of how the grant
will be used, including a plan to establish a new revolving loan
fund or use an existing revolving loan fund;
(2) <<NOTE: Audits.>> the need of eligible recipients for
loans and grants in the State for assistance with conducting
energy audits;
(3) a description of the expected benefits that building
infrastructure and energy system upgrades and retrofits will
have on communities in the State; and
[[Page 135 STAT. 1052]]
(4) in the case of a priority State seeking a supplemental
capitalization grant under subsection (b)(2), a justification
for needing the supplemental funding.
(d) Timing.--
(1) In general.--The Secretary shall establish a timeline
with dates by, or periods by the end of, which a State shall--
(A) on receipt of a capitalization grant under the
program, deposit the grant funds into a revolving loan
fund; and
(B) begin using the capitalization grant as
described in subsection (e)(1).
(2) Use <<NOTE: Requirement. Deadline.>> of grant.--Under
the timeline established under paragraph (1), a State shall be
required to begin using a capitalization grant not more than 180
days after the date on which the grant is received.
(e) Use of Grant Funds.--
(1) In general.--A State that receives a capitalization
grant under the program--
(A) <<NOTE: Loans.>> shall provide loans in
accordance with paragraph (2); and
(B) may provide grants in accordance with paragraph
(3).
(2) Loans.--
(A) Commercial energy audit.--
(i) In general.--A State that receives a
capitalization grant under the program may provide
a loan to an eligible recipient described in
clause (iv) to conduct a commercial energy audit.
(ii) Audit requirements.--A commercial energy
audit conducted using a loan provided under clause
(i) shall--
(I) <<NOTE: Determination.>> determine
the overall consumption of energy of the
facility of the eligible recipient;
(II) <<NOTE: Recommenda-
tions.>> identify and recommend
lifecycle cost-effective opportunities
to reduce the energy consumption of the
facility of the eligible recipient,
including through energy efficient--
(aa) lighting;
(bb) heating, ventilation,
and air conditioning systems;
(cc) windows;
(dd) appliances; and
(ee) insulation and building
envelopes;
(III) <<NOTE: Cost estimate.>>
estimate the energy and cost savings
potential of the opportunities
identified in subclause (II) using
software approved by the Secretary;
(IV) identify--
(aa) the period and level of
peak energy demand for each
building within the facility of
the eligible recipient; and
(bb) the sources of energy
consumption that are
contributing the most to that
period of peak energy demand;
(V) <<NOTE: Recommenda-
tion.>> recommend controls and
management systems to reduce or
redistribute peak energy consumption;
and
[[Page 135 STAT. 1053]]
(VI) <<NOTE: Cost
estimate.>> estimate the total energy
and cost savings potential for the
facility of the eligible recipient if
all recommended upgrades and retrofits
are implemented, using software approved
by the Secretary.
(iii) Additional audit inclusions.--A
commercial energy audit conducted using a loan
provided under clause (i) may recommend strategies
to increase energy efficiency of the facility of
the eligible recipient through use of electric
systems or other high-efficiency systems utilizing
fuels, including natural gas and hydrogen.
(iv) Eligible recipients.--An eligible
recipient under clause (i) is a business that--
(I) conducts the majority of its
business in the State that provides the
loan under that clause; and
(II) owns or operates--
(aa) 1 or more commercial
buildings; or
(bb) commercial space within
a building that serves multiple
functions, such as a building
for commercial and residential
operations.
(B) Residential energy audits.--
(i) In general.--A State that receives a
capitalization grant under the program may provide
a loan to an eligible recipient described in
clause (iv) to conduct a residential energy audit.
(ii) Residential energy audit requirements.--A
residential energy audit conducted using a loan
under clause (i) shall--
(I) utilize the same evaluation
criteria as the Home Performance
Assessment used in the Energy Star
program established under section 324A
of the Energy Policy and Conservation
Act (42 U.S.C. 6294a);
(II) <<NOTE: Recommenda- tion.>>
recommend lifecycle cost-effective
opportunities to reduce energy
consumption within the residential
building of the eligible recipient,
including through energy efficient--
(aa) lighting;
(bb) heating, ventilation,
and air conditioning systems;
(cc) windows;
(dd) appliances; and
(ee) insulation and building
envelopes;
(III) <<NOTE: Recommenda-
tion.>> recommend controls and
management systems to reduce or
redistribute peak energy consumption;
(IV) compare the energy consumption
of the residential building of the
eligible recipient to comparable
residential buildings in the same
geographic area; and
(V) <<NOTE: Determination.>> provide
a Home Energy Score, or equivalent score
(as determined by the Secretary), for
the residential building of the eligible
recipient by using the Home Energy Score
Tool of the Department or an equivalent
scoring tool.
[[Page 135 STAT. 1054]]
(iii) Additional audit inclusions.--A
residential energy audit conducted using a loan
provided under clause (i) may recommend strategies
to increase energy efficiency of the facility of
the eligible recipient through use of electric
systems or other high-efficiency systems utilizing
fuels, including natural gas and hydrogen.
(iv) Eligible recipients.--An eligible
recipient under clause (i) is--
(I) an individual who owns--
(aa) a single family home;
(bb) a condominium or
duplex; or
(cc) a manufactured housing
unit; or
(II) a business that owns or
operates a multifamily housing facility.
(C) Commercial and residential energy upgrades and
retrofits.--
(i) In general.--A State that receives a
capitalization grant under the program may provide
a loan to an eligible recipient described in
clause (ii) to carry out upgrades or retrofits of
building infrastructure and systems that--
(I) are recommended in the
commercial energy audit or residential
energy audit, as applicable, completed
for the building or facility of the
eligible recipient;
(II) satisfy at least 1 of the
criteria in the Home Performance
Assessment used in the Energy Star
program established under section 324A
of the Energy Policy and Conservation
Act (42 U.S.C. 6294a);
(III) improve, with respect to the
building or facility of the eligible
recipient--
(aa) the physical comfort of
the building or facility
occupants;
(bb) the energy efficiency
of the building or facility; or
(cc) the quality of the air
in the building or facility; and
(IV)(aa) are lifecycle cost-
effective; and
(bb)(AA) reduce the energy intensity
of the building or facility of the
eligible recipient; or
(BB) improve the control and
management of energy usage of the
building or facility to reduce demand
during peak times.
(ii) Eligible recipients.--An eligible
recipient under clause (i) is an eligible
recipient described in subparagraph (A)(iv) or
(B)(iv) that--
(I) has completed a commercial
energy audit described in subparagraph
(A) or a residential energy audit
described in subparagraph (B) using a
loan provided under the applicable
subparagraph; or
(II) has completed a commercial
energy audit or residential energy audit
that--
(aa) was not funded by a
loan under this paragraph; and
[[Page 135 STAT. 1055]]
(bb)(AA) meets the
requirements for the applicable
audit under subparagraph (A) or
(B), as applicable; or
(BB) <<NOTE: Determination.>>
the Secretary determines is
otherwise satisfactory.
(iii) Loan term.--
(I) In general.--A loan provided
under this subparagraph shall be
required to be fully amortized by the
earlier of--
(aa) subject to subclause
(II), the year in which the
upgrades or retrofits carried
out using the loan exceed their
expected useful life; and
(bb) <<NOTE: Time
period.>> 15 years after those
upgrades or retrofits are
installed.
(II) Calculation.--For purposes of
subclause (I)(aa), in the case of a loan
being used to fund multiple upgrades or
retrofits, the longest-lived upgrade or
retrofit shall be used to calculate the
year in which the upgrades or retrofits
carried out using the loan exceed their
expected useful life.
(D) <<NOTE: Determination. Cost estimates.>>
Referral to qualified contractors.--Following the
completion of an audit under subparagraph (A) or (B) by
an eligible recipient of a loan under the applicable
subparagraph, the State may refer the eligible recipient
to a qualified contractor, as determined by the State,
to estimate--
(i) the upfront capital cost of each
recommended upgrade; and
(ii) the total upfront capital cost of
implementing all recommended upgrades.
(E) Loan recipients.--Each State providing loans
under this paragraph shall, to the maximum extent
practicable, provide loans to eligible recipients that
do not have access to private capital.
(3) Grants and technical assistance.--
(A) In general.--A State that receives a
capitalization grant under the program may use not more
than 25 percent of the grant funds to provide grants or
technical assistance to eligible entities described in
subparagraph (B) to carry out the activities described
in subparagraphs (A), (B), and (C) of paragraph (2).
(B) Eligible entity.--An entity eligible for a grant
or technical assistance under subparagraph (A) is--
(i) a business that--
(I) is an eligible recipient
described in paragraph (2)(A)(iv); and
(II) has fewer than 500 employees;
or
(ii) a low-income individual (as defined in
section 3 of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3102)) that owns a
residential building.
(4) <<NOTE: Deadline.>> Final assessment.--A State that
provides a capitalization grant under paragraph (2)(C) to an
eligible recipient described in clause (ii) of that paragraph
may, not later than 1 year after the date on which the upgrades
or retrofits funded by the grant under that paragraph are
completed, provide
[[Page 135 STAT. 1056]]
to the eligible recipient a loan or, in accordance with
paragraph (3), a grant to conduct a final energy audit that
assesses the total energy savings from the upgrades or
retrofits.
(5) Administrative expenses.--A State that receives a
capitalization grant under the program may use not more than 10
percent of the grant funds for administrative expenses.
(f) Coordination With Existing Programs.--A State receiving a
capitalization grant under the program is encouraged to utilize and
build on existing programs and infrastructure within the State that may
aid the State in carrying out a revolving loan fund program.
(g) Leveraging Private Capital.--A State receiving a capitalization
grant under the program shall, to the maximum extent practicable, use
the grant to leverage private capital.
(h) Outreach.--The Secretary shall engage in outreach to inform
States of the availability of capitalization grants under the program.
(i) Report.--Each State that receives a capitalization grant under
the program shall, not later than 2 years after a grant is received,
submit to the Secretary a report that describes--
(1) the number of recipients to which the State has
distributed--
(A) loans for--
(i) commercial energy audits under subsection
(e)(2)(A);
(ii) residential energy audits under
subsection (e)(2)(B);
(iii) energy upgrades and retrofits under
subsection (e)(2)(C); and
(B) grants under subsection (e)(3); and
(2) the average capital cost of upgrades and retrofits
across all commercial energy audits and residential energy
audits that were conducted in the State using loans provided by
the State under subsection (e).
(j) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out this section $250,000,000 for
fiscal year 2022, to remain available until expended.
SEC. 40503. <<NOTE: 42 USC 18793.>> ENERGY AUDITOR TRAINING GRANT
PROGRAM.
(a) Definitions.--In this section:
(1) Covered certification.--The term ``covered
certification'' means any of the following certifications:
(A) The American Society of Heating, Refrigerating
and Air-Conditioning Engineers Building Energy
Assessment Professional certification.
(B) The Association of Energy Engineers Certified
Energy Auditor certification.
(C) The Building Performance Institute Home Energy
Professional Energy Auditor certification.
(D) The Residential Energy Services Network Home
Energy Rater certification.
(E) Any other third-party certification recognized
by the Department.
(F) Any third-party certification that the Secretary
determines is equivalent to the certifications described
in subparagraphs (A) through (E).
[[Page 135 STAT. 1057]]
(2) Eligible state.--The term ``eligible State'' means a
State that--
(A) has a demonstrated need for assistance for
training energy auditors; and
(B) meets any additional criteria determined
necessary by the Secretary.
(b) Establishment.--Under the State Energy Program, the Secretary
shall establish a competitive grant program under which the Secretary
shall award grants to eligible States to train individuals to conduct
energy audits or surveys of commercial and residential buildings.
(c) Applications.--
(1) In general.--A State seeking a grant under subsection
(b) shall submit to the Secretary an application at such time,
in such manner, and containing such information as the Secretary
may require, including the energy auditor training program plan
described in paragraph (2).
(2) Energy auditor training program plan.--An energy auditor
training program plan submitted with an application under
paragraph (1) shall include--
(A)(i) a proposed training curriculum for energy
audit trainees; and
(ii) an identification of the covered certification
that those trainees will receive on completion of that
training curriculum;
(B) the expected per-individual cost of training;
(C) a plan for connecting trainees with employment
opportunities; and
(D) any additional information required by the
Secretary.
(d) Amount of Grant.--The amount of a grant awarded to an eligible
State under subsection (b)--
(1) <<NOTE: Determination.>> shall be determined by the
Secretary, taking into account the population of the eligible
State; and
(2) shall not exceed $2,000,000 for any eligible State.
(e) Use of Funds.--
(1) In general.--An eligible State that receives a grant
under subsection (b) shall use the grant funds--
(A) to cover any cost associated with individuals
being trained or certified to conduct energy audits by--
(i) the State; or
(ii) a State-certified third party training
program; and
(B) subject to paragraph (2), to pay the wages of a
trainee during the period in which the trainee receives
training and certification.
(2) Limitation.--Not more than 10 percent of grant funds
provided under subsection (b) to an eligible State may be used
for the purpose described in paragraph (1)(B).
(f) Consultation.--In carrying out this section, the Secretary shall
consult with the Secretary of Labor.
(g) <<NOTE: Time period.>> Authorization of Appropriations.--There
is authorized to be appropriated to the Secretary to carry out this
section $40,000,000 for the period of fiscal years 2022 through 2026.
[[Page 135 STAT. 1058]]
Subtitle B--Buildings
SEC. 40511. COST-EFFECTIVE CODES IMPLEMENTATION FOR EFFICIENCY AND
RESILIENCE.
(a) In General.--Title III of the Energy Conservation and Production
Act (42 U.S.C. 6831 et seq.) is amended by adding at the end the
following:
``SEC. 309. <<NOTE: 42 USC 6838.>> COST-EFFECTIVE CODES
IMPLEMENTATION FOR EFFICIENCY AND
RESILIENCE.
``(a) Definitions.--In this section:
``(1) Eligible entity.--The term `eligible entity' means--
``(A) a relevant State agency, as determined by the
Secretary, such as a State building code agency, State
energy office, or Tribal energy office; and
``(B) a partnership.
``(2) Partnership.--The term `partnership' means a
partnership between an eligible entity described in paragraph
(1)(A) and 1 or more of the following entities:
``(A) Local building code agencies.
``(B) Codes and standards developers.
``(C) Associations of builders and design and
construction professionals.
``(D) Local and utility energy efficiency programs.
``(E) Consumer, energy efficiency, and environmental
advocates.
``(F) <<NOTE: Determination.>> Other entities, as
determined by the Secretary.
``(3) Secretary.--The term `Secretary' means the Secretary
of Energy.
``(b) Establishment.--
``(1) In general.--The Secretary shall establish within the
Building Technologies Office of the Department of Energy a
program under which the Secretary shall award grants on a
competitive basis to eligible entities to enable sustained cost-
effective implementation of updated building energy codes.
``(2) Updated building energy code.--An update to a building
energy code under this section, including an amendment that
results in increased efficiency compared to the previously
adopted building energy code, shall include any update made
available after the existing building energy code, even if it is
not the most recent updated code available.
``(c) Criteria; Priority.--In awarding grants under subsection (b),
the Secretary shall--
``(1) consider--
``(A) prospective energy savings and plans to
measure the savings, including utilizing the
Environmental Protection Agency Portfolio Manager, the
Home Energy Score rating of the Office of Energy
Efficiency and Renewable Energy of the Department of
Energy, the Energy Star Building rating methodologies of
the Environmental Protection Agency, and other
methodologies determined appropriate by the Secretary;
``(B) the long-term sustainability of those measures
and savings;
``(C) prospective benefits, and plans to assess the
benefits, including benefits relating to--
[[Page 135 STAT. 1059]]
``(i) resilience and peak load reduction;
``(ii) occupant safety and health; and
``(iii) environmental performance;
``(D) the demonstrated capacity of the eligible
entity to carry out the proposed project; and
``(E) the need of the eligible entity for
assistance; and
``(2) give priority to applications from partnerships.
``(d) Eligible Activities.--
``(1) In general.--An eligible entity awarded a grant under
this section may use the grant funds--
``(A) to create or enable State or regional
partnerships to provide training and materials to--
``(i) builders, contractors and
subcontractors, architects, and other design and
construction professionals, relating to meeting
updated building energy codes in a cost-effective
manner; and
``(ii) building code officials, relating to
improving implementation of and compliance with
building energy codes;
``(B) <<NOTE: Data.>> to collect and disseminate
quantitative data on construction and codes
implementation, including code pathways, performance
metrics, and technologies used;
``(C) <<NOTE: Plan.>> to develop and implement a
plan for highly effective codes implementation,
including measuring compliance;
``(D) to address various implementation needs in
rural, suburban, and urban areas; and
``(E) <<NOTE: Updates.>> to implement updates in
energy codes for--
``(i) new residential and commercial buildings
(including multifamily buildings); and
``(ii) additions and alterations to existing
residential and commercial buildings (including
multifamily buildings).
``(2) Related topics.--Training and materials provided using
a grant under this section may include information on the
relationship between energy codes and--
``(A) cost-effective, high-performance, and zero-
net-energy buildings;
``(B) improving resilience, health, and safety;
``(C) water savings and other environmental impacts;
and
``(D) the economic impacts of energy codes.
``(e) <<NOTE: Time period.>> Authorization of Appropriations.--There
is authorized to be appropriated to the Secretary to carry out this
section $225,000,000 for the period of fiscal years 2022 through
2026.''.
(b) Conforming Amendment.--Section 303 of the Energy Conservation
and Production Act (42 U.S.C. 6832) is amended, in the matter preceding
paragraph (1), by striking ``As used in'' and inserting ``Except as
otherwise provided, in''.
SEC. 40512. <<NOTE: Grants. 42 USC 18801.>> BUILDING, TRAINING,
AND ASSESSMENT CENTERS.
(a) In General.--The Secretary shall provide grants to institutions
of higher education (as defined in section 101 of the Higher Education
Act of 1965 (20 U.S.C. 1001)) and Tribal Colleges or Universities (as
defined in section 316(b) of that Act (20 U.S.C. 1059c(b))) to establish
building training and assessment centers--
[[Page 135 STAT. 1060]]
(1) to identify opportunities for optimizing energy
efficiency and environmental performance in buildings;
(2) to promote the application of emerging concepts and
technologies in commercial and institutional buildings;
(3) to train engineers, architects, building scientists,
building energy permitting and enforcement officials, and
building technicians in energy-efficient design and operation;
(4) to assist institutions of higher education and Tribal
Colleges or Universities in training building technicians;
(5) to promote research and development for the use of
alternative energy sources and distributed generation to supply
heat and power for buildings, particularly energy-intensive
buildings; and
(6) <<NOTE: Coordination.>> to coordinate with and assist
State-accredited technical training centers, community colleges,
Tribal Colleges or Universities, and local offices of the
National Institute of Food and Agriculture and ensure
appropriate services are provided under this section to each
region of the United States.
(b) Coordination and Nonduplication.--
(1) In general.--The Secretary shall coordinate the program
with the industrial research and assessment centers program
under section 457 of the Energy Independence and Security Act of
2007 (as added by section 40521(b)) and with other Federal
programs to avoid duplication of effort.
(2) Collocation.--To the maximum extent practicable,
building, training, and assessment centers established under
this section shall be collocated with industrial research and
assessment centers (as defined in section 40531).
(c) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out this section $10,000,000 for
fiscal year 2022, to remain available until expended.
SEC. 40513. <<NOTE: Grants. 42 USC 18802.>> CAREER SKILLS
TRAINING.
(a) Definition of Eligible Entity.--In this section, the term
``eligible entity'' means a nonprofit partnership that--
(1) includes the equal participation of industry, including
public or private employers, and labor organizations, including
joint labor-management training programs;
(2) may include workforce investment boards, community-based
organizations, qualified service and conservation corps,
educational institutions, small businesses, cooperatives, State
and local veterans agencies, and veterans service organizations;
and
(3) demonstrates--
(A) experience in implementing and operating worker
skills training and education programs;
(B) the ability to identify and involve in training
programs carried out under this section, target
populations of individuals who would benefit from
training and be actively involved in activities relating
to energy efficiency and renewable energy industries;
and
(C) the ability to help individuals achieve economic
self-sufficiency.
(b) Establishment.--The Secretary shall award grants to eligible
entities to pay the Federal share of associated career skills training
programs under which students concurrently receive classroom instruction
and on-the-job training for the purpose of obtaining
[[Page 135 STAT. 1061]]
an industry-related certification to install energy efficient buildings
technologies.
(c) Federal Share.--The Federal share of the cost of carrying out a
career skills training program described in subsection (b) shall be 50
percent.
(d) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out this section $10,000,000 for
fiscal year 2022, to remain available until expended.
SEC. 40514. <<NOTE: 42 USC 18803.>> COMMERCIAL BUILDING ENERGY
CONSUMPTION INFORMATION SHARING.
(a) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Energy Information Administration.
(2) Agreement.--The term ``Agreement'' means the agreement
entered into under subsection (b).
(3) Survey.--The term ``Survey'' means the Commercial
Building Energy Consumption Survey.
(b) <<NOTE: Contracts. Deadline.>> Authorization of Agreement.--Not
later than 120 days after the date of enactment of this Act, the
Administrator and the Administrator of the Environmental Protection
Agency shall sign, and submit to Congress, an information sharing
agreement relating to commercial building energy consumption data.
(c) Content of Agreement.--The Agreement shall--
(1) provide, to the extent permitted by law, that--
(A) the Administrator shall have access to building-
specific data in the Portfolio Manager database of the
Environmental Protection Agency; and
(B) the Administrator of the Environmental
Protection Agency shall have access to building-specific
data collected by the Survey;
(2) describe the manner in which the Administrator shall use
the data described in paragraph (1) and subsection (d);
(3) describe and compare--
(A) the methodologies that the Energy Information
Administration, the Environmental Protection Agency, and
State and local government managers use to maximize the
quality, reliability, and integrity of data collected
through the Survey, the Portfolio Manager database of
the Environmental Protection Agency, and State and local
building energy disclosure laws (including regulations),
respectively, and the manner in which those
methodologies can be improved; and
(B) consistencies and variations in data for the
same buildings captured in--
(i)(I) the 2018 Survey cycle; and
(II) each subsequent Survey cycle; and
(ii) the Portfolio Manager database of the
Environmental Protection Agency; and
(4) <<NOTE: Time period.>> consider whether, and the methods
by which, the Administrator may collect and publish new
iterations of Survey data every 3 years--
(A) using the Survey processes of the Administrator;
or
(B) as supplemented by information in the Portfolio
Manager database of the Environmental Protection Agency.
[[Page 135 STAT. 1062]]
(d) Data.--The data referred in subsection (c)(2) includes data
that--
(1) is collected through the Portfolio Manager database of
the Environmental Protection Agency;
(2) is required to be publicly available on the internet
under State and local government building energy disclosure laws
(including regulations); and
(3) includes information on private sector buildings that
are not less than 250,000 square feet.
(e) Protection of Information.--In carrying out the agreement, the
Administrator and the Administrator of the Environmental Protection
Agency shall protect information in accordance with--
(1) section 552(b)(4) of title 5, United States Code
(commonly known as the ``Freedom of Information Act'');
(2) subchapter III of chapter 35 of title 44, United States
Code; and
(3) any other applicable law (including regulations).
Subtitle C--Industrial Energy Efficiency
PART I--INDUSTRY
SEC. 40521. FUTURE OF INDUSTRY PROGRAM AND INDUSTRIAL RESEARCH AND
ASSESSMENT CENTERS.
(a) Future of Industry Program.--
(1) In general.--Section 452 of the Energy Independence and
Security Act of 2007 (42 U.S.C. 17111) is amended--
(A) by striking the section heading and inserting
the following: ``future of industry program'';
(B) in subsection (a)(2)--
(i) by redesignating subparagraph (E) as
subparagraph (F); and
(ii) by inserting after subparagraph (D) the
following:
``(E) water and wastewater treatment facilities,
including systems that treat municipal, industrial, and
agricultural waste; and'';
(C) by striking subsection (e); and
(D) by redesignating subsection (f) as subsection
(e).
(2) Conforming amendment.--Section 454(b)(2)(C) of the
Energy Independence and Security Act of 2007 (42 U.S.C.
17113(b)(2)(C)) is amended by striking ``energy-intensive
industries'' and inserting ``Future of Industry''.
(b) Industrial Research and Assessment Centers.--Subtitle D of title
IV of the Energy Independence and Security Act of 2007 (42 U.S.C. 17111
et seq.) is amended by adding at the end the following:
``SEC. 457. <<NOTE: 42 USC 17116.>> INDUSTRIAL RESEARCH AND
ASSESSMENT CENTERS.
``(a) Definitions.--In this section:
``(1) Covered project.--The term `covered project' means a
project--
``(A) that has been recommended in an energy
assessment described in paragraph (2)(A) conducted for
an eligible entity; and
[[Page 135 STAT. 1063]]
``(B) with respect to which the plant site of that
eligible entity--
``(i) improves--
``(I) energy efficiency;
``(II) material efficiency;
``(III) cybersecurity; or
``(IV) productivity; or
``(ii) reduces--
``(I) waste production;
``(II) greenhouse gas emissions; or
``(III) nongreenhouse gas pollution.
``(2) Eligible entity.--The term `eligible entity' means a
small- or medium-sized manufacturer that has had an energy
assessment completed by--
``(A) an industrial research and assessment center;
``(B) a Department of Energy Combined Heat and Power
Technical Assistance Partnership jointly with an
industrial research and assessment center; or
``(C) <<NOTE: Determination.>> a third-party
assessor that provides an assessment equivalent to an
assessment described in subparagraph (A) or (B), as
determined by the Secretary.
``(3) Energy service provider.--The term `energy service
provider' means--
``(A) any business providing technology or services
to improve the energy efficiency, water efficiency,
power factor, or load management of a manufacturing site
or other industrial process in an energy-intensive
industry (as defined in section 452(a)); and
``(B) any utility operating under a utility energy
service project.
``(4) Industrial research and assessment center.--The term
`industrial research and assessment center' means--
``(A) an institution of higher education-based
industrial research and assessment center that is funded
by the Secretary under subsection (b); and
``(B) an industrial research and assessment center
at a trade school, community college, or union training
program that is funded by the Secretary under subsection
(f).
``(5) Program.--The term `Program' means the program for
implementation grants established under subsection (i)(1).
``(6) Small- or medium-sized manufacturer.--The term `small-
or medium-sized manufacturer' means a manufacturing firm--
``(A) the gross annual sales of which are less than
$100,000,000;
``(B) that has fewer than 500 employees at the plant
site of the manufacturing firm; and
``(C) the annual energy bills of which total more
than $100,000 but less than $3,500,000.
``(b) Institution of Higher Education-based Industrial Research and
Assessment Centers.--
``(1) In general.--The Secretary shall provide funding to
institution of higher education-based industrial research and
assessment centers.
[[Page 135 STAT. 1064]]
``(2) Purpose.--The purpose of each institution of higher
education-based industrial research and assessment center shall
be--
``(A) to provide in-depth assessments of small- and
medium-sized manufacturer plant sites to evaluate the
facilities, services, and manufacturing operations of
the plant sites;
``(B) to identify opportunities for optimizing
energy efficiency and environmental performance,
including implementation of--
``(i) smart manufacturing;
``(ii) energy management systems;
``(iii) sustainable manufacturing;
``(iv) information technology advancements for
supply chain analysis, logistics, system
monitoring, industrial and manufacturing
processes, and other purposes; and
``(v) waste management systems;
``(C) to promote applications of emerging concepts
and technologies in small- and medium-sized
manufacturers (including water and wastewater treatment
facilities and federally owned manufacturing
facilities);
``(D) to promote research and development for the
use of alternative energy sources to supply heat, power,
and new feedstocks for energy-intensive industries;
``(E) <<NOTE: Coordination.>> to coordinate with
appropriate Federal and State research offices;
``(F) to provide a clearinghouse for industrial
process and energy efficiency technical assistance
resources; and
``(G) <<NOTE: Coordination.>> to coordinate with
State-accredited technical training centers and
community colleges, while ensuring appropriate services
to all regions of the United States.
``(c) Coordination.--To increase the value and capabilities of the
industrial research and assessment centers, the centers shall--
``(1) coordinate with Manufacturing Extension Partnership
Centers of the National Institute of Standards and Technology;
``(2) coordinate with the Federal Energy Management Program
and the Building Technologies Office of the Department of Energy
to provide building assessment services to manufacturers;
``(3) increase partnerships with the National Laboratories
of the Department of Energy to leverage the expertise,
technologies, and research and development capabilities of the
National Laboratories for national industrial and manufacturing
needs;
``(4) increase partnerships with energy service providers
and technology providers to leverage private sector expertise
and accelerate deployment of new and existing technologies and
processes for energy efficiency, power factor, and load
management;
``(5) identify opportunities for reducing greenhouse gas
emissions and other air emissions; and
``(6) promote sustainable manufacturing practices for small-
and medium-sized manufacturers.
``(d) Outreach.--The Secretary shall provide funding for--
[[Page 135 STAT. 1065]]
``(1) outreach activities by the industrial research and
assessment centers to inform small- and medium-sized
manufacturers of the information, technologies, and services
available; and
``(2) coordination activities by each industrial research
and assessment center to leverage efforts with--
``(A) Federal, State, and Tribal efforts;
``(B) the efforts of utilities and energy service
providers;
``(C) the efforts of regional energy efficiency
organizations; and
``(D) the efforts of other industrial research and
assessment centers.
``(e) Centers of Excellence.--
``(1) <<NOTE: Determination.>> Establishment.--The Secretary
shall establish a Center of Excellence at not more than 5 of the
highest-performing industrial research and assessment centers,
as determined by the Secretary.
``(2) Duties.--A Center of Excellence shall coordinate with
and advise the industrial research and assessment centers
located in the region of the Center of Excellence, including--
``(A) by mentoring new directors and staff of the
industrial research and assessment centers with respect
to--
``(i) the availability of resources; and
``(ii) best practices for carrying out
assessments, including through the participation
of the staff of the Center of Excellence in
assessments carried out by new industrial research
and assessment centers;
``(B) by providing training to staff and students at
the industrial research and assessment centers on new
technologies, practices, and tools to expand the scope
and impact of the assessments carried out by the
centers;
``(C) by assisting the industrial research and
assessment centers with specialized technical
opportunities, including by providing a clearinghouse of
available expertise and tools to assist the centers and
clients of the centers in assessing and implementing
those opportunities;
``(D) by identifying and coordinating with regional,
State, local, Tribal, and utility energy efficiency
programs for the purpose of facilitating efforts by
industrial research and assessment centers to connect
industrial facilities receiving assessments from those
centers with regional, State, local, and utility energy
efficiency programs that could aid the industrial
facilities in implementing any recommendations resulting
from the assessments;
``(E) by facilitating coordination between the
industrial research and assessment centers and other
Federal programs described in paragraphs (1) through (3)
of subsection (c); and
``(F) by coordinating the outreach activities of the
industrial research and assessment centers under
subsection (d)(1).
``(3) Funding.--For each fiscal year, out of any amounts
made available to carry out this section under subsection (j),
the Secretary shall use not less than $500,000 to support each
Center of Excellence.
``(f) Expansion of Industrial Research and Assessment Centers.--
[[Page 135 STAT. 1066]]
``(1) In general.--The Secretary shall provide funding to
establish additional industrial research and assessment centers
at trade schools, community colleges, and union training
programs.
``(2) Purpose.--
``(A) In general.--Subject to subparagraph (B), to
the maximum extent practicable, an industrial research
and assessment center established under paragraph (1)
shall have the same purpose as an institution of higher
education-based industrial research center that is
funded by the Secretary under subsection (b)(1).
``(B) <<NOTE: Evaluation.>> Consideration of
capabilities.--In evaluating or establishing the purpose
of an industrial research and assessment center
established under paragraph (1), the Secretary shall
take into consideration the varying capabilities of
trade schools, community colleges, and union training
programs.
``(g) Workforce Training.--
``(1) Internships.--The Secretary shall pay the Federal
share of associated internship programs under which students
work with or for industries, manufacturers, and energy service
providers to implement the recommendations of industrial
research and assessment centers.
``(2) <<NOTE: Payment.>> Apprenticeships.--The Secretary
shall pay the Federal share of associated apprenticeship
programs under which--
``(A) students work with or for industries,
manufacturers, and energy service providers to implement
the recommendations of industrial research and
assessment centers; and
``(B) employees of facilities that have received an
assessment from an industrial research and assessment
center work with or for an industrial research and
assessment center to gain knowledge on engineering
practices and processes to improve productivity and
energy savings.
``(3) Federal share.--The Federal share of the cost of
carrying out internship programs described in paragraph (1) and
apprenticeship programs described in paragraph (2) shall be 50
percent.
``(h) Small Business Loans.--The Administrator of the Small Business
Administration shall, to the maximum extent practicable, expedite
consideration of applications from eligible small business concerns for
loans under the Small Business Act (15 U.S.C. 631 et seq.) to implement
recommendations developed by the industrial research and assessment
centers.
``(i) Implementation Grants.--
``(1) In general.--The Secretary shall establish a program
under which the Secretary shall provide grants to eligible
entities to implement covered projects.
``(2) Application.--An eligible entity seeking a grant under
the Program shall submit to the Secretary an application at such
time, in such manner, and containing such information as the
Secretary may require, including a demonstration of need for
financial assistance to implement the proposed covered project.
``(3) Priority.--In awarding grants under the Program, the
Secretary shall give priority to eligible entities that--
[[Page 135 STAT. 1067]]
``(A) have had an energy assessment completed by an
industrial research and assessment center; and
``(B) propose to carry out a covered project with a
greater potential for--
``(i) energy efficiency gains; or
``(ii) greenhouse gas emissions reductions.
``(4) Grant amount.--
``(A) Maximum amount.--The amount of a grant
provided to an eligible entity under the Program shall
not exceed $300,000.
``(B) Federal share.--A grant awarded under the
Program for a covered project shall be in an amount that
is not more than 50 percent of the cost of the covered
project.
``(C) Supplement.--A grant received by an eligible
entity under the Program shall supplement, not supplant,
any private or State funds available to the eligible
entity to carry out the covered project.
``(j) <<NOTE: Time period.>> Authorization of Appropriations.--
There are authorized to be appropriated to the Secretary for the period
of fiscal years 2022 through 2026--
``(1) $150,000,000 to carry out subsections (a) through (h);
and
``(2) $400,000,000 to carry out subsection (i).''.
(c) Clerical Amendment.--The table of contents of the Energy
Independence and Security Act of 2007 (42 U.S.C. prec. 17001) is amended
by adding at the end of the items relating to subtitle D of title IV the
following:
``Sec. 457. Industrial research and assessment centers.''.
SEC. 40522. SUSTAINABLE MANUFACTURING INITIATIVE.
(a) In General.--Part E of title III of the Energy Policy and
Conservation Act (42 U.S.C. 6341 et seq.) is amended by adding at the
end the following:
``SEC. 376. <<NOTE: 42 USC 6346.>> SUSTAINABLE MANUFACTURING
INITIATIVE.
``(a) <<NOTE: Assessments.>> In General.--As part of the Office of
Energy Efficiency and Renewable Energy of the Department of Energy, the
Secretary, on the request of a manufacturer, shall carry out onsite
technical assessments to identify opportunities for--
``(1) maximizing the energy efficiency of industrial
processes and cross-cutting systems;
``(2) preventing pollution and minimizing waste;
``(3) improving efficient use of water in manufacturing
processes;
``(4) conserving natural resources; and
``(5) achieving such other goals as the Secretary determines
to be appropriate.
``(b) Coordination.--To implement any recommendations resulting from
an onsite technical assessment carried out under subsection (a) and to
accelerate the adoption of new and existing technologies and processes
that improve energy efficiency, the Secretary shall coordinate with--
``(1) the Advanced Manufacturing Office of the Department of
Energy;
``(2) the Building Technologies Office of the Department of
Energy;
[[Page 135 STAT. 1068]]
``(3) the Federal Energy Management Program of the
Department of Energy; and
``(4) the private sector and other appropriate agencies,
including the National Institute of Standards and Technology.
``(c) Research and Development Program for Sustainable Manufacturing
and Industrial Technologies and Processes.--As part of the industrial
efficiency programs of the Department of Energy, the Secretary shall
carry out a joint industry-government partnership program to research,
develop, and demonstrate new sustainable manufacturing and industrial
technologies and processes that maximize the energy efficiency of
industrial plants, reduce pollution, and conserve natural resources.''.
(b) Clerical Amendment.--The table of contents of the Energy Policy
and Conservation Act (42 U.S.C. prec. 6201) is amended by adding at the
end of the items relating to part E of title III the following:
``376. Sustainable manufacturing initiative.''.
PART II--SMART MANUFACTURING
SEC. 40531. <<NOTE: 42 USC 18811.>> DEFINITIONS.
In this part:
(1) Energy management system.--The term ``energy management
system'' means a business management process based on standards
of the American National Standards Institute that enables an
organization to follow a systematic approach in achieving
continual improvement of energy performance, including energy
efficiency, security, use, and consumption.
(2) Industrial research and assessment center.--The term
``industrial research and assessment center'' means a center
located at an institution of higher education, a trade school, a
community college, or a union training program that--
(A) receives funding from the Department;
(B) provides an in-depth assessment of small- and
medium-size manufacturer plant sites to evaluate the
facilities, services, and manufacturing operations of
the plant site; and
(C) identifies opportunities for potential savings
for small- and medium-size manufacturer plant sites from
energy efficiency improvements, waste minimization,
pollution prevention, and productivity improvement.
(3) Information and communication technology.--The term
``information and communication technology'' means any
electronic system or equipment (including the content contained
in the system or equipment) used to create, convert,
communicate, or duplicate data or information, including
computer hardware, firmware, software, communication protocols,
networks, and data interfaces.
(4) Institution of higher education.--The term ``institution
of higher education'' has the meaning given the term in section
101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)).
(5) North american industry classification system.--The term
``North American Industry Classification System'' means the
standard used by Federal statistical agencies in classifying
business establishments for the purpose of collecting,
[[Page 135 STAT. 1069]]
analyzing, and publishing statistical data relating to the
business economy of the United States.
(6) Small and medium manufacturers.--The term ``small and
medium manufacturers'' means manufacturing firms--
(A) classified in the North American Industry
Classification System as any of sectors 31 through 33;
(B) with gross annual sales of less than
$100,000,000;
(C) with fewer than 500 employees at the plant site;
and
(D) with annual energy bills totaling more than
$100,000 and less than $3,500,000.
(7) Smart manufacturing.--The term ``smart manufacturing''
means advanced technologies in information, automation,
monitoring, computation, sensing, modeling, artificial
intelligence, analytics, and networking that--
(A) digitally--
(i) simulate manufacturing production lines;
(ii) operate computer-controlled manufacturing
equipment;
(iii) monitor and communicate production line
status; and
(iv) manage and optimize energy productivity
and cost throughout production;
(B) model, simulate, and optimize the energy
efficiency of a factory building;
(C) monitor and optimize building energy
performance;
(D) model, simulate, and optimize the design of
energy efficient and sustainable products, including the
use of digital prototyping and additive manufacturing to
enhance product design;
(E) connect manufactured products in networks to
monitor and optimize the performance of the networks,
including automated network operations; and
(F) digitally connect the supply chain network.
SEC. 40532. <<NOTE: 42 USC 18812.>> LEVERAGING EXISTING AGENCY
PROGRAMS TO ASSIST SMALL AND MEDIUM
MANUFACTURERS.
The Secretary shall expand the scope of technologies covered by the
industrial research and assessment centers of the Department--
(1) to include smart manufacturing technologies and
practices; and
(2) to equip the directors of the industrial research and
assessment centers with the training and tools necessary to
provide technical assistance in smart manufacturing technologies
and practices, including energy management systems, to
manufacturers.
SEC. 40533. <<NOTE: 42 USC 18813.>> LEVERAGING SMART
MANUFACTURING INFRASTRUCTURE AT
NATIONAL LABORATORIES.
(a) Study.--
(1) <<NOTE: Deadline.>> In general.--Not later than 180
days after the date of enactment of this Act, the Secretary
shall conduct a study on how the Department can increase access
to existing high-performance computing resources in the National
Laboratories, particularly for small and medium manufacturers.
[[Page 135 STAT. 1070]]
(2) Inclusions.--In identifying ways to increase access to
National Laboratories under paragraph (1), the Secretary shall--
(A) focus on increasing access to the computing
facilities of the National Laboratories; and
(B) ensure that--
(i) the information from the manufacturer is
protected; and
(ii) the security of the National Laboratory
facility is maintained.
(3) Report.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall submit to Congress a
report describing the results of the study.
(b) Actions for Increased Access.--The Secretary shall facilitate
access to the National Laboratories studied under subsection (a) for
small and medium manufacturers so that small and medium manufacturers
can fully use the high-performance computing resources of the National
Laboratories to enhance the manufacturing competitiveness of the United
States.
SEC. 40534. <<NOTE: 42 USC 18814.>> STATE MANUFACTURING
LEADERSHIP.
(a) Financial Assistance Authorized.--The Secretary may provide
financial assistance on a competitive basis to States for the
establishment of programs to be used as models for supporting the
implementation of smart manufacturing technologies.
(b) Applications.--
(1) In general.--To be eligible to receive financial
assistance under this section, a State shall submit to the
Secretary an application at such time, in such manner, and
containing such information as the Secretary may require.
(2) <<NOTE: Evaluation.>> Criteria.--The Secretary shall
evaluate an application for financial assistance under this
section on the basis of merit using criteria identified by the
Secretary, including--
(A) technical merit, innovation, and impact;
(B) research approach, workplan, and deliverables;
(C) academic and private sector partners; and
(D) alternate sources of funding.
(c) Requirements.--
(1) <<NOTE: Time period.>> Term.--The term of an award of
financial assistance under this section shall not exceed 3
years.
(2) Maximum amount.--The amount of an award of financial
assistance under this section shall be not more than $2,000,000.
(3) Matching requirement.--Each State that receives
financial assistance under this section shall contribute
matching funds in an amount equal to not less than 30 percent of
the amount of the financial assistance.
(d) Use of Funds.--A State may use financial assistance provided
under this section--
(1) to facilitate access to high-performance computing
resources for small and medium manufacturers; and
(2) to provide assistance to small and medium manufacturers
to implement smart manufacturing technologies and practices.
(e) Evaluation.--The Secretary shall conduct semiannual evaluations
of each award of financial assistance under this section--
[[Page 135 STAT. 1071]]
(1) <<NOTE: Determination.>> to determine the impact and
effectiveness of programs funded with the financial assistance;
and
(2) to provide guidance to States on ways to better execute
the program of the State.
(f) <<NOTE: Time period.>> Authorization of Appropriations.--There
is authorized to be appropriated to the Secretary to carry out this
section $50,000,000 for the period of fiscal years 2022 through 2026.
SEC. 40535. <<NOTE: 42 USC 18815.>> REPORT.
The Secretary annually shall submit to Congress and make publicly
available a report on the progress made in advancing smart manufacturing
in the United States.
Subtitle D--Schools and Nonprofits
SEC. 40541. <<NOTE: 42 USC 18831.>> GRANTS FOR ENERGY EFFICIENCY
IMPROVEMENTS AND RENEWABLE ENERGY
IMPROVEMENTS AT PUBLIC SCHOOL
FACILITIES.
(a) Definitions.--In this section:
(1) Alternative fueled vehicle.--The term ``alternative
fueled vehicle'' has the meaning given the term in section 301
of the Energy Policy Act of 1992 (42 U.S.C. 13211).
(2) Alternative fueled vehicle infrastructure.--The term
``alternative fueled vehicle infrastructure'' means
infrastructure used to charge or fuel an alternative fueled
vehicle.
(3) Eligible entity.--The term ``eligible entity'' means a
consortium of--
(A) 1 local educational agency; and
(B) 1 or more--
(i) schools;
(ii) nonprofit organizations that have the
knowledge and capacity to partner and assist with
energy improvements;
(iii) for-profit organizations that have the
knowledge and capacity to partner and assist with
energy improvements; or
(iv) community partners that have the
knowledge and capacity to partner and assist with
energy improvements.
(4) Energy improvement.--The term ``energy improvement''
means--
(A) any improvement, repair, or renovation to a
school that results in a direct reduction in school
energy costs, including improvements to the envelope,
air conditioning system, ventilation system, heating
system, domestic hot water heating system, compressed
air system, distribution system, lighting system, power
system, and controls of a building;
(B) any improvement, repair, or renovation to, or
installation in, a school that--
(i) leads to an improvement in teacher and
student health, including indoor air quality; and
(ii) achieves energy savings;
(C) any improvement, repair, or renovation to a
school involving the installation of renewable energy
technologies;
[[Page 135 STAT. 1072]]
(D) the installation of alternative fueled vehicle
infrastructure on school grounds for--
(i) exclusive use of school buses, school
fleets, or students; or
(ii) the general public; and
(E) the purchase or lease of alternative fueled
vehicles to be used by a school, including school buses,
fleet vehicles, and other operational vehicles.
(5) High school.--The term ``high school'' has the meaning
given the term in section 8101 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7801).
(6) Local educational agency.--The term ``local educational
agency'' has the meaning given the term in section 8101 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).
(7) Nonprofit organization.--The term ``nonprofit
organization'' means--
(A) an organization described in section 501(c)(3)
of the Internal Revenue Code of 1986 and exempt from tax
under section 501(a) of such Code; or
(B) a mutual or cooperative electric company
described in section 501(c)(12) of such Code.
(8) Partnering local educational agency.--The term
``partnering local educational agency'', with respect to an
eligible entity, means the local educational agency
participating in the consortium of the eligible entity.
(b) Grants.--The Secretary shall award competitive grants to
eligible entities to make energy improvements in accordance with this
section.
(c) Applications.--
(1) In general.--An eligible entity desiring a grant under
this section shall submit to the Secretary an application at
such time, in such manner, and containing such information as
the Secretary may require.
(2) Contents.--The application submitted under paragraph (1)
shall include each of the following:
(A) <<NOTE: Assessment.>> A needs assessment of the
current condition of the school and school facilities
that would receive the energy improvements if the
application were approved.
(B) <<NOTE: Plan.>> A draft work plan of the
intended achievements of the eligible entity at the
school.
(C) A description of the energy improvements that
the eligible entity would carry out at the school if the
application were approved.
(D) A description of the capacity of the eligible
entity to provide services and comprehensive support to
make the energy improvements referred to in subparagraph
(C).
(E) <<NOTE: Assessment.>> An assessment of the
expected needs of the eligible entity for operation and
maintenance training funds, and a plan for use of those
funds, if applicable.
(F) <<NOTE: Assessment.>> An assessment of the
expected energy efficiency, energy savings, and safety
benefits of the energy improvements.
(G) <<NOTE: Cost estimate.>> A cost estimate of the
proposed energy improvements.
(H) An identification of other resources that are
available to carry out the activities for which grant
funds are
[[Page 135 STAT. 1073]]
requested under this section, including the availability
of utility programs and public benefit funds.
(d) Priority.--
(1) In general.--In awarding grants under this section, the
Secretary shall give priority to an eligible entity--
(A) that has renovation, repair, and improvement
funding needs;
(B)(i) <<NOTE: Determination.>> that, as determined
by the Secretary, serves a high percentage of students,
including students in a high school in accordance with
paragraph (2), who are eligible for a free or reduced
price lunch under the Richard B. Russell National School
Lunch Act (42 U.S.C. 1751 et seq.); or
(ii) the partnering local educational agency of
which is designated with a school district locale code
of 41, 42, or 43, as determined by the National Center
for Education Statistics in consultation with the Bureau
of the Census; and
(C) that leverages private sector investment through
energy-related performance contracting.
(2) High school students.--In the case of students in a high
school, the percentage of students eligible for a free or
reduced price lunch described in paragraph (1)(B)(i) shall be
calculated using data from the schools that feed into the high
school.
(e) Competitive Criteria.--The competitive criteria used by the
Secretary to award grants under this section shall include the
following:
(1) The extent of the disparity between the fiscal capacity
of the eligible entity to carry out energy improvements at
school facilities and the needs of the partnering local
educational agency for those energy improvements, including
consideration of--
(A) the current and historic ability of the
partnering local educational agency to raise funds for
construction, renovation, modernization, and major
repair projects for schools;
(B) the ability of the partnering local educational
agency to issue bonds or receive other funds to support
the current infrastructure needs of the partnering local
educational agency for schools; and
(C) the bond rating of the partnering local
educational agency.
(2) The likelihood that the partnering local educational
agency or eligible entity will maintain, in good condition, any
school and school facility that is the subject of improvements.
(3) The potential energy efficiency and safety benefits from
the proposed energy improvements.
(f) Use of Grant Amounts.--
(1) In general.--Except as provided in this subsection, an
eligible entity receiving a grant under this section shall use
the grant amounts only to make the energy improvements described
in the application submitted by the eligible entity under
subsection (c).
(2) Operation and maintenance training.--An eligible entity
receiving a grant under this section may use not more
[[Page 135 STAT. 1074]]
than 5 percent of the grant amounts for operation and
maintenance training for energy efficiency and renewable energy
improvements, such as maintenance staff and teacher training,
education, and preventative maintenance training.
(3) Third-party investigation and analysis.--An eligible
entity receiving a grant under this section may use a portion of
the grant amounts for a third-party investigation and analysis
of the energy improvements carried out by the eligible entity,
such as energy audits and existing building commissioning.
(4) Continuing education.--An eligible entity receiving a
grant under this section may use not more than 3 percent of the
grant amounts to develop a continuing education curriculum
relating to energy improvements.
(g) Competition in Contracting.--If an eligible entity receiving a
grant under this section uses grant funds to carry out repair or
renovation through a contract, the eligible entity shall be required to
ensure that the contract process--
(1) through full and open competition, ensures the maximum
practicable number of qualified bidders, including small,
minority, and women-owned businesses; and
(2) gives priority to businesses located in, or resources
common to, the State or geographical area in which the repair or
renovation under the contract will be carried out.
(h) <<NOTE: Publication. Guidelines.>> Best Practices.--The
Secretary shall develop and publish guidelines and best practices for
activities carried out under this section.
(i) Report by Eligible Entity.--An eligible entity receiving a grant
under this section shall submit to the Secretary, at such time as the
Secretary may require, a report describing--
(1) the use of the grant funds for energy improvements;
(2) the estimated cost savings realized by those energy
improvements;
(3) the results of any third-party investigation and
analysis conducted relating to those energy improvements;
(4) the use of any utility programs and public benefit
funds; and
(5) the use of performance tracking for energy improvements,
such as--
(A) the Energy Star program established under
section 324A of the Energy Policy and Conservation Act
(42 U.S.C. 6294a); or
(B) the United States Green Building Council
Leadership in Energy and Environmental Design (LEED)
green building rating system for existing buildings.
(j) <<NOTE: Time period.>> Authorization of Appropriations.--There
is authorized to be appropriated to the Secretary to carry out this
section $500,000,000 for the period of fiscal years 2022 through 2026.
SEC. 40542. <<NOTE: Grants. 42 USC 18832.>> ENERGY EFFICIENCY
MATERIALS PILOT PROGRAM.
(a) Definitions.--In this section:
(1) Applicant.--The term ``applicant'' means a nonprofit
organization that applies for a grant under this section.
(2) Energy-efficiency material.--
(A) In general.--The term ``energy-efficiency
material'' means a material (including a product,
equipment, or
[[Page 135 STAT. 1075]]
system) the installation of which results in a reduction
in use by a nonprofit organization of energy or fuel.
(B) Inclusions.--The term ``energy-efficiency
material'' includes--
(i) a roof or lighting system or component of
the system;
(ii) a window;
(iii) a door, including a security door; and
(iv) a heating, ventilation, or air
conditioning system or component of the system
(including insulation and wiring and plumbing
improvements needed to serve a more efficient
system).
(3) Nonprofit building.--The term ``nonprofit building''
means a building operated and owned by an organization that is
described in section 501(c)(3) of the Internal Revenue Code of
1986 and exempt from tax under section 501(a) of such Code.
(b) <<NOTE: Deadline.>> Establishment.--Not later than 1 year after
the date of enactment of this Act, the Secretary shall establish a pilot
program to award grants for the purpose of providing nonprofit buildings
with energy-efficiency materials.
(c) Grants.--
(1) In general.--The Secretary may award grants under the
program established under subsection (b).
(2) Application.--The Secretary may award a grant under
paragraph (1) if an applicant submits to the Secretary an
application at such time, in such form, and containing such
information as the Secretary may prescribe.
(3) <<NOTE: Determination. Applicability.>> Criteria for
grant.--In determining whether to award a grant under paragraph
(1), the Secretary shall apply performance-based criteria, which
shall give priority to applicants based on--
(A) the energy savings achieved;
(B) the cost effectiveness of the use of energy-
efficiency materials;
(C) an effective plan for evaluation, measurement,
and verification of energy savings; and
(D) the financial need of the applicant.
(4) Limitation on individual grant amount.--Each grant
awarded under this section shall not exceed $200,000.
(d) <<NOTE: Time period.>> Authorization of Appropriations.--There
is authorized to be appropriated to the Secretary to carry out this
section $50,000,000 for the period of fiscal years 2022 through 2026, to
remain available until expended.
Subtitle E--Miscellaneous
SEC. 40551. <<NOTE: 42 USC 6861 note.>> WEATHERIZATION ASSISTANCE
PROGRAM.
(a) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary for the weatherization assistance program
established under part A of title IV of the Energy Conservation and
Production Act (42 U.S.C. 6861 et seq.) $3,500,000,000 for fiscal year
2022, to remain available until expended.
(b) Application of Wage Rate Requirements to Weatherization
Assistance Program.--With respect to work performed under the
weatherization assistance program established under
[[Page 135 STAT. 1076]]
part A of title IV of the Energy Conservation and Production Act (42
U.S.C. 6861 et seq.) on a project assisted in whole or in part by
funding made available under subsection (a), the requirements of section
41101 shall apply only to work performed on multifamily buildings with
not fewer than 5 units.
SEC. 40552. ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT
PROGRAM.
(a) Use of Funds.--Section 544 of the Energy Independence and
Security Act of 2007 (42 U.S.C. 17154) is amended--
(1) in paragraph (13)(D), by striking ``and'' after the
semicolon;
(2) by redesignating paragraph (14) as paragraph (15); and
(3) by inserting after paragraph (13) the following:
``(14) programs for financing energy efficiency, renewable
energy, and zero-emission transportation (and associated
infrastructure), capital investments, projects, and programs,
which may include loan programs and performance contracting
programs, for leveraging of additional public and private sector
funds, and programs that allow rebates, grants, or other
incentives for the purchase and installation of energy
efficiency, renewable energy, and zero-emission transportation
(and associated infrastructure) measures; and''.
(b) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary for the Energy Efficiency and Conservation
Block Grant Program established under section 542(a) of the Energy
Independence and Security Act of 2007 (42 U.S.C. 17152(a)) $550,000,000
for fiscal year 2022, to remain available until expended.
SEC. 40553. <<NOTE: 42 USC 18841.>> SURVEY, ANALYSIS, AND REPORT
ON EMPLOYMENT AND DEMOGRAPHICS IN THE
ENERGY, ENERGY EFFICIENCY, AND MOTOR
VEHICLE SECTORS OF THE UNITED STATES.
(a) Energy Jobs Council.--
(1) Establishment.--The Secretary shall establish a council,
to be known as the ``Energy Jobs Council'' (referred to in this
section as the ``Council'').
(2) <<NOTE: Appointments.>> Membership.--The Council shall
be comprised of--
(A) to be appointed by the Secretary--
(i) 1 or more representatives of the Energy
Information Administration; and
(ii) 1 or more representatives of a State
energy office that are serving as members of the
State Energy Advisory Board established by section
365(g) of the Energy Policy and Conservation Act
(42 U.S.C. 6325(g));
(B) to be appointed by the Secretary of Commerce--
(i) 1 or more representatives of the
Department of Commerce; and
(ii) 1 or more representatives of the Bureau
of the Census;
(C) 1 or more representatives of the Bureau of Labor
Statistics, to be appointed by the Secretary of Labor;
and
(D) 1 or more representatives of any other Federal
agency the assistance of which is required to carry out
this section, as determined by the Secretary, to be
appointed by the head of the applicable agency.
[[Page 135 STAT. 1077]]
(b) Survey and Analysis.--
(1) In general.--The Council shall--
(A) conduct a survey of employers in the energy,
energy efficiency, and motor vehicle sectors of the
economy of the United States; and
(B) perform an analysis of the employment figures
and demographics in those sectors, including the number
of personnel in each sector who devote a substantial
portion of working hours, as determined by the
Secretary, to regulatory compliance matters.
(2) Methodology.--In conducting the survey and analysis
under paragraph (1), the Council shall employ a methodology
that--
(A) was approved in 2016 by the Office of Management
and Budget for use in the document entitled ``OMB
Control Number 1910-5179'';
(B) uses a representative, stratified sampling of
businesses in the United States; and
(C) is designed to elicit a comparable number of
responses from businesses in each State and with the
same North American Industry Classification System codes
as were received for the 2016 and 2017 reports entitled
``U.S. Energy and Employment Report''.
(3) Consultation.--In conducting the survey and analysis
under paragraph (1), the Council shall consult with key
stakeholders, including--
(A) as the Council determines to be appropriate, the
heads of relevant Federal agencies and offices,
including--
(i) the Secretary of Commerce;
(ii) the Secretary of Transportation;
(iii) the Director of the Bureau of the
Census;
(iv) the Commissioner of the Bureau of Labor
Statistics; and
(v) the Administrator of the Environmental
Protection Agency;
(B) States;
(C) the State Energy Advisory Board established by
section 365(g) of the Energy Policy and Conservation Act
(42 U.S.C. 6325(g)); and
(D) energy industry trade associations.
(c) Report.--
(1) <<NOTE: Public information. Web posting.>> In general.--
Not later than 1 year after the date of enactment of this Act,
and annually thereafter, the Secretary shall--
(A) make publicly available on the website of the
Department a report, to be entitled the ``U.S. Energy
and Employment Report'', describing the employment
figures and demographics in the energy, energy
efficiency, and motor vehicle sectors of the United
States, and the average number of hours devoted to
regulatory compliance, based on the survey and analysis
conducted under subsection (b); and
(B) subject to the requirements of subchapter III of
chapter 35 of title 44, United States Code, make the
data collected by the Council publicly available on the
website of the Department.
(2) Contents.--
[[Page 135 STAT. 1078]]
(A) In general.--The report under paragraph (1)
shall include employment figures and demographic data
for--
(i) the energy sector of the economy of the
United States, including--
(I) the electric power generation
and fuels sector; and
(II) the transmission, storage, and
distribution sector;
(ii) the energy efficiency sector of the
economy of the United States; and
(iii) the motor vehicle sector of the economy
of the United States.
(B) Inclusion.--With respect to each sector
described in subparagraph (A), the report under
paragraph (1) shall include employment figures and
demographic data sorted by--
(i) each technology, subtechnology, and fuel
type of those sectors; and
(ii) subject to the requirements of the
Confidential Information Protection and
Statistical Efficiency Act of 2002 (44 U.S.C. 3501
note; Public Law 107-347)--
(I) each State;
(II) each territory of the United
States;
(III) the District of Columbia; and
(IV) each county (or equivalent
jurisdiction) in the United States.
SEC. 40554. <<NOTE: Appropriation authorization.>> ASSISTING
FEDERAL FACILITIES WITH ENERGY
CONSERVATION TECHNOLOGIES GRANT
PROGRAM.
There is authorized to be appropriated to the Secretary to provide
grants authorized under section 546(b) of the National Energy
Conservation Policy Act (42 U.S.C. 8256(b)), $250,000,000 for fiscal
year 2022, to remain available until expended.
SEC. 40555. <<NOTE: Appropriation authorization. Time period.>>
REBATES.
There are authorized to be appropriated to the Secretary for the
period of fiscal years 2022 and 2023--
(1) $10,000,000 for the extended product system rebate
program authorized under section 1005 of the Energy Act of 2020
(42 U.S.C. 6311 note; Public Law 116-260); and
(2) $10,000,000 for the energy efficient transformer rebate
program authorized under section 1006 of the Energy Act of 2020
(42 U.S.C. 6317 note; Public Law 116-260).
SEC. 40556. <<NOTE: 42 USC 18842.>> MODEL GUIDANCE FOR COMBINED
HEAT AND POWER SYSTEMS AND WASTE HEAT
TO POWER SYSTEMS.
(a) Definitions.--In this section:
(1) Additional services.--The term ``additional services''
means the provision of supplementary power, backup or standby
power, maintenance power, or interruptible power to an electric
consumer by an electric utility.
(2) Waste heat to power system.--The term ``waste heat to
power system'' means a system that generates electricity through
the recovery of waste energy.
(3) Other terms.--
(A) Purpa.--The terms ``electric consumer'',
``electric utility'', ``interconnection service'',
``nonregulated electric utility'', and ``State
regulatory authority'' have the
[[Page 135 STAT. 1079]]
meanings given those terms in the Public Utility
Regulatory Policies Act of 1978 (16 U.S.C. 2601 et
seq.), within the meaning of title I of that Act (16
U.S.C. 2611 et seq.).
(B) Epca.--The terms ``combined heat and power
system'' and ``waste energy'' have the meanings given
those terms in section 371 of the Energy Policy and
Conservation Act (42 U.S.C. 6341).
(b) Review.--
(1) <<NOTE: Deadline. Consultation.>> In general.--Not later
than 180 days after the date of enactment of this Act, the
Secretary, in consultation with the Federal Energy Regulatory
Commission and other appropriate entities, shall review existing
rules and procedures relating to interconnection service and
additional services throughout the United States for electric
generation with nameplate capacity up to 150 megawatts
connecting at either distribution or transmission voltage levels
to identify barriers to the deployment of combined heat and
power systems and waste heat to power systems.
(2) Inclusion.--The review under this subsection shall
include a review of existing rules and procedures relating to--
(A) <<NOTE: Determination.>> determining and
assigning costs of interconnection service and
additional services; and
(B) ensuring adequate cost recovery by an electric
utility for interconnection service and additional
services.
(c) Model Guidance.--
(1) <<NOTE: Deadline. Consultation.>> In general.--Not
later than 18 months after the date of enactment of this Act,
the Secretary, in consultation with the Federal Energy
Regulatory Commission and other appropriate entities, shall
issue model guidance for interconnection service and additional
services for consideration by State regulatory authorities and
nonregulated electric utilities to reduce the barriers
identified under subsection (b)(1).
(2) Current best practices.--The model guidance issued under
this subsection shall reflect, to the maximum extent
practicable, current best practices to encourage the deployment
of combined heat and power systems and waste heat to power
systems while ensuring the safety and reliability of the
interconnected units and the distribution and transmission
networks to which the units connect, including--
(A) relevant current standards developed by the
Institute of Electrical and Electronic Engineers; and
(B) model codes and rules adopted by--
(i) States; or
(ii) associations of State regulatory
agencies.
(3) Factors for consideration.--In establishing the model
guidance under this subsection, the Secretary shall take into
consideration--
(A) the appropriateness of using standards or
procedures for interconnection service that vary based
on unit size, fuel type, or other relevant
characteristics;
(B) the appropriateness of establishing fast-track
procedures for interconnection service;
(C) the value of consistency with Federal
interconnection rules established by the Federal Energy
Regulatory Commission as of the date of enactment of
this Act;
[[Page 135 STAT. 1080]]
(D) the best practices used to model outage
assumptions and contingencies to determine fees or rates
for additional services;
(E) the appropriate duration, magnitude, or usage of
demand charge ratchets;
(F) potential alternative arrangements with respect
to the procurement of additional services, including--
(i) contracts tailored to individual electric
consumers for additional services;
(ii) procurement of additional services by an
electric utility from a competitive market; and
(iii) waivers of fees or rates for additional
services for small electric consumers; and
(G) outcomes such as increased electric reliability,
fuel diversification, enhanced power quality, and
reduced electric losses that may result from increased
use of combined heat and power systems and waste heat to
power systems.
TITLE VI--METHANE REDUCTION INFRASTRUCTURE
SEC. 40601. ORPHANED WELL SITE PLUGGING, REMEDIATION, AND
RESTORATION.
Section 349 of the Energy Policy Act of 2005 (42 U.S.C. 15907) is
amended to read as follows:
``SEC. 349. ORPHANED WELL SITE PLUGGING, REMEDIATION, AND
RESTORATION.
``(a) Definitions.--In this section:
``(1) Federal land.--The term `Federal land' means land
administered by a land management agency within--
``(A) the Department of Agriculture; or
``(B) the Department of the Interior.
``(2) Idled well.--The term `idled well' means a well--
``(A) that has been nonoperational for not fewer
than 4 years; and
``(B) for which there is no anticipated beneficial
future use.
``(3) Indian tribe.--The term `Indian Tribe' has the meaning
given the term in section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 5304).
``(4) Operator.--The term `operator', with respect to an oil
or gas operation, means any entity, including a lessee or
operating rights owner, that has provided to a relevant
authority a written statement that the entity is responsible for
the oil or gas operation, or any portion of the operation.
``(5) Orphaned well.--The term `orphaned well'--
``(A) with respect to Federal land or Tribal land,
means a well--
``(i)(I) that is not used for an authorized
purpose, such as production, injection, or
monitoring; and
``(II)(aa) for which no operator can be
located;
``(bb) the operator of which is unable--
``(AA) to plug the well; and
``(BB) to remediate and reclaim the
well site; or
[[Page 135 STAT. 1081]]
``(cc) that is within the National Petroleum
Reserve-Alaska; and
``(B) with respect to State or private land--
``(i) has the meaning given the term by the
applicable State; or
``(ii) if that State uses different
terminology, has the meaning given another term
used by the State to describe a well eligible for
plugging, remediation, and reclamation by the
State.
``(6) Tribal land.--The term `Tribal land' means any land or
interest in land owned by an Indian Tribe, the title to which
is--
``(A) held in trust by the United States; or
``(B) subject to a restriction against alienation
under Federal law.
``(b) Federal Program.--
``(1) <<NOTE: Deadline.>> Establishment.--Not later than 60
days after the date of enactment of the Infrastructure
Investment and Jobs Act, the Secretary shall establish a program
to plug, remediate, and reclaim orphaned wells located on
Federal land.
``(2) Included activities.--The program under this
subsection shall--
``(A) include a method of--
``(i) identifying, characterizing, and
inventorying orphaned wells and associated
pipelines, facilities, and infrastructure on
Federal land; and
``(ii) ranking those orphaned wells for
priority in plugging, remediation, and
reclamation, based on--
``(I) public health and safety;
``(II) potential environmental harm;
and
``(III) other subsurface impacts or
land use priorities;
``(B) distribute funding in accordance with the
priorities established under subparagraph (A)(ii) for--
``(i) plugging orphaned wells;
``(ii) remediating and reclaiming well pads
and facilities associated with orphaned wells;
``(iii) remediating soil and restoring native
species habitat that has been degraded due to the
presence of orphaned wells and associated
pipelines, facilities, and infrastructure; and
``(iv) remediating land adjacent to orphaned
wells and decommissioning or removing associated
pipelines, facilities, and infrastructure;
``(C) <<NOTE: Public information.>> provide a public
accounting of the costs of plugging, remediation, and
reclamation for each orphaned well;
``(D) <<NOTE: Determination.>> seek to determine the
identities of potentially responsible parties associated
with the orphaned well (or a surety or guarantor of such
a party), to the extent such information can be
ascertained, and make efforts to obtain reimbursement
for expenditures to the extent practicable;
``(E) measure or estimate and track--
``(i) emissions of methane and other gases
associated with orphaned wells; and
``(ii) contamination of groundwater or surface
water associated with orphaned wells; and
[[Page 135 STAT. 1082]]
``(F) identify and address any disproportionate
burden of adverse human health or environmental effects
of orphaned wells on communities of color, low-income
communities, and Tribal and indigenous communities.
``(3) Idled wells.--The Secretary, acting through the
Director of the Bureau of Land Management, shall--
``(A) <<NOTE: Review.>> periodically review all
idled wells on Federal land; and
``(B) reduce the inventory of idled wells on Federal
land.
``(4) Cooperation and consultation.--In carrying out the
program under this subsection, the Secretary shall--
``(A) work cooperatively with--
``(i) the Secretary of Agriculture;
``(ii) affected Indian Tribes; and
``(iii) each State within which Federal land
is located; and
``(B) <<NOTE: Consultation.>> consult with--
``(i) the Secretary of Energy; and
``(ii) the Interstate Oil and Gas Compact
Commission.
``(c) Funding for State Programs.--
``(1) In general.--The Secretary shall provide to States, in
accordance with this subsection--
``(A) initial grants under paragraph (3);
``(B) formula grants under paragraph (4); and
``(C) performance grants under paragraph (5).
``(2) Activities.--
``(A) In general.--A State may use funding provided
under this subsection for any of the following purposes:
``(i) To plug, remediate, and reclaim orphaned
wells located on State-owned or privately owned
land.
``(ii) To identify and characterize
undocumented orphaned wells on State and private
land.
``(iii) To rank orphaned wells based on
factors including--
``(I) public health and safety;
``(II) potential environmental harm;
and
``(III) other land use priorities.
``(iv) <<NOTE: Public information. Web
posting.>> To make information regarding the use
of funds received under this subsection available
on a public website.
``(v) To measure and track--
``(I) emissions of methane and other
gases associated with orphaned wells;
and
``(II) contamination of groundwater
or surface water associated with
orphaned wells.
``(vi) To remediate soil and restore native
species habitat that has been degraded due to the
presence of orphaned wells and associated
pipelines, facilities, and infrastructure.
``(vii) To remediate land adjacent to orphaned
wells and decommission or remove associated
pipelines, facilities, and infrastructure.
``(viii) To identify and address any
disproportionate burden of adverse human health or
environmental effects of orphaned wells on
communities of color, low-
[[Page 135 STAT. 1083]]
income communities, and Tribal and indigenous
communities.
``(ix) Subject to subparagraph (B), to
administer a program to carry out any activities
described in clauses (i) through (viii).
``(B) Administrative cost limitation.--
``(i) In general.--Except as provided in
clause (ii), a State shall not use more than 10
percent of the funds received under this
subsection during a fiscal year for administrative
costs under subparagraph (A)(ix).
``(ii) Exception.--The limitation under clause
(i) shall not apply to funds used by a State as
described in paragraph (3)(A)(ii).
``(3) Initial grants.--
``(A) In general.--Subject to the availability of
appropriations, the Secretary shall distribute--
``(i) <<NOTE: Deadline.>> not more than
$25,000,000 to each State that submits to the
Secretary, by not later than 180 days after the
date of enactment of the Infrastructure Investment
and Jobs Act, a request for funding under this
clause, including--
``(I) <<NOTE: Estimate.>> an
estimate of the number of jobs that will
be created or saved through the
activities proposed to be funded; and
``(II) <<NOTE: Certification.>> a
certification that--
``(aa) the State is a Member
State or Associate Member State
of the Interstate Oil and Gas
Compact Commission;
``(bb) there are 1 or more
documented orphaned wells
located in the State; and
``(cc) the State will use
not less than 90 percent of the
funding requested under this
subsection to issue new
contracts, amend existing
contracts, or issue grants for
plugging, remediation, and
reclamation work by not later
than 90 days after the date of
receipt of the funds; and
``(ii) not more than $5,000,000 to each State
that--
``(I) requests funding under this
clause;
``(II) does not receive a grant
under clause (i); and
``(III) <<NOTE: Certification.>>
certifies to the Secretary that--
``(aa) the State--
``(AA) has in effect a
plugging, remediation, and
reclamation program for
orphaned wells; or
``(BB) the capacity to
initiate such a program; or
``(bb) the funds provided
under this paragraph will be
used to carry out any
administrative actions necessary
to develop an application for a
formula grant under paragraph
(4) or a performance grant under
paragraph (5).
``(B) <<NOTE: Deadline.>> Distribution.--Subject to
the availability of appropriations, the Secretary shall
distribute funds to a State under this paragraph by not
later than the date
[[Page 135 STAT. 1084]]
that is 30 days after the date on which the State
submits to the Secretary the certification required
under clause (i)(II) or (ii)(III) of subparagraph (A),
as applicable.
``(C) <<NOTE: Reimbursement.>> Deadline for
expenditure.--A State that receives funds under this
paragraph shall reimburse the Secretary in an amount
equal to the amount of the funds that remain unobligated
on the date that is 1 year after the date of receipt of
the funds.
``(D) Report.--Not later than 15 months after the
date on which a State receives funds under this
paragraph, the State shall submit to the Secretary a
report that describes the means by which the State used
the funds in accordance with the certification submitted
by the State under subparagraph (A).
``(4) Formula grants.--
``(A) Establishment.--
``(i) In general.--The Secretary shall
establish a formula for the distribution to each
State described in clause (ii) of funds under this
paragraph.
``(ii) <<NOTE: Deadline. Notice.>>
Description of states.--A State referred to in
clause (i) is a State that, by not later than 45
days after the date of enactment of the
Infrastructure Investment and Jobs Act, submits to
the Secretary a notice of the intent of the State
to submit an application under subparagraph (B),
including a description of the factors described
in clause (iii) with respect to the State.
``(iii) Factors.--The formula established
under clause (i) shall account for, with respect
to an applicant State, the following factors:
``(I) <<NOTE: Time period.>> Job
losses in the oil and gas industry in
the State during the period--
``(aa) beginning on March 1,
2020; and
``(bb) ending on the date of
enactment of the Infrastructure
Investment and Jobs Act.
``(II) The number of documented
orphaned wells located in the State, and
the projected cost--
``(aa) to plug or reclaim
those orphaned wells;
``(bb) to reclaim adjacent
land; and
``(cc) to decommission or
remove associated pipelines,
facilities, and infrastructure.
``(iv) <<NOTE: Deadline. Public
information. Web posting.>> Publication.--Not
later than 75 days after the date of enactment of
the Infrastructure Investment and Jobs Act, the
Secretary shall publish on a public website the
amount that each State is eligible to receive
under the formula under this subparagraph.
``(B) Application.--To be eligible to receive a
formula grant under this paragraph, a State shall submit
to the Secretary an application that includes--
``(i) a description of--
``(I) the State program for orphaned
well plugging, remediation, and
restoration, including legal
authorities, processes used to identify
and prioritize orphaned wells,
procurement mechanisms, and other
program elements demonstrating
[[Page 135 STAT. 1085]]
the readiness of the State to carry out
proposed activities using the grant;
``(II) the activities to be carried
out with the grant, including an
identification of the estimated health,
safety, habitat, and environmental
benefits of plugging, remediating, or
reclaiming orphaned wells; and
``(III) the means by which the
information regarding the activities of
the State under this paragraph will be
made available on a public website;
``(ii) <<NOTE: Estimates.>> an estimate of--
``(I) the number of orphaned wells
in the State that will be plugged,
remediated, or reclaimed;
``(II) the projected cost of--
``(aa) plugging,
remediating, or reclaiming
orphaned wells;
``(bb) remediating or
reclaiming adjacent land; and
``(cc) decommissioning or
removing associated pipelines,
facilities, and infrastructure;
``(III) the amount of that projected
cost that will be offset by the
forfeiture of financial assurance
instruments, the estimated salvage of
well site equipment, or other proceeds
from the orphaned wells and adjacent
land;
``(IV) the number of jobs that will
be created or saved through the
activities to be funded under this
paragraph; and
``(V) the amount of funds to be
spent on administrative costs;
``(iii) <<NOTE: Certification.>> a
certification that any financial assurance
instruments available to cover plugging,
remediation, or reclamation costs will be used by
the State; and
``(iv) the definitions and processes used by
the State to formally identify a well as--
``(I) an orphaned well; or
``(II) if the State uses different
terminology, otherwise eligible for
plugging, remediation, and reclamation
by the State.
``(C) Distribution.--Subject to the availability of
appropriations, the Secretary shall distribute funds to
a State under this paragraph by not later than the date
that is 60 days after the date on which the State
submits to the Secretary a completed application under
subparagraph (B).
``(D) <<NOTE: Reimbursement.>> Deadline for
expenditure.--A State that receives funds under this
paragraph shall reimburse the Secretary in an amount
equal to the amount of the funds that remain unobligated
on the date that is 5 years after the date of receipt of
the funds.
``(E) <<NOTE: Determination.>> Consultation.--In
making a determination under this paragraph regarding
the eligibility of a State to receive a formula grant,
the Secretary shall consult with--
``(i) the Administrator of the Environmental
Protection Agency;
``(ii) the Secretary of Energy; and
[[Page 135 STAT. 1086]]
``(iii) the Interstate Oil and Gas Compact
Commission.
``(5) Performance grants.--
``(A) Establishment.--The Secretary shall provide to
States, in accordance with this paragraph--
``(i) regulatory improvement grants under
subparagraph (E); and
``(ii) matching grants under subparagraph (F).
``(B) Application.--To be eligible to receive a
grant under this paragraph, a State shall submit to the
Secretary an application including--
``(i) each element described in an application
for a grant under paragraph (4)(B);
``(ii) activities carried out by the State to
address orphaned wells located in the State,
including--
``(I) increasing State spending on
well plugging, remediation, and
reclamation; or
``(II) improving regulation of oil
and gas wells; and
``(iii) the means by which the State will use
funds provided under this paragraph--
``(I) to lower unemployment in the
State; and
``(II) to improve economic
conditions in economically distressed
areas of the State.
``(C) <<NOTE: Deadline.>> Distribution.--Subject to
the availability of appropriations, the Secretary shall
distribute funds to a State under this paragraph by not
later than the date that is 60 days after the date on
which the State submits to the Secretary a completed
application under subparagraph (B).
``(D) <<NOTE: Determination.>> Consultation.--In
making a determination under this paragraph regarding
the eligibility of a State to receive a grant under
subparagraph (E) or (F), the Secretary shall consult
with--
``(i) the Administrator of the Environmental
Protection Agency;
``(ii) the Secretary of Energy; and
``(iii) the Interstate Oil and Gas Compact
Commission.
``(E) Regulatory improvement grants.--
``(i) <<NOTE: Time periods. Criteria.>> In
general.--Beginning on the date that is 180 days
after the date on which an initial grant is
provided to a State under paragraph (3), the
Secretary shall, subject to the availability of
appropriations, provide to the State a regulatory
improvement grant under this subparagraph, if the
State meets, during the 10-year period ending on
the date on which the State submits to the
Secretary an application under subparagraph (B), 1
of the following criteria:
``(I) The State has strengthened
plugging standards and procedures
designed to ensure that wells located in
the State are plugged in an effective
manner that protects groundwater and
other natural resources, public health
and safety, and the environment.
``(II) The State has made
improvements to State programs designed
to reduce future
[[Page 135 STAT. 1087]]
orphaned well burdens, such as financial
assurance reform, alternative funding
mechanisms for orphaned well programs,
and reforms to programs relating to well
transfer or temporary abandonment.
``(ii) Limitations.--
``(I) Number.--The Secretary may
issue to a State under this subparagraph
not more than 1 grant for each criterion
described in subclause (I) or (II) of
clause (i).
``(II) Maximum amount.--The amount
of a single grant provided to a State
under this subparagraph shall be not
more than $20,000,000.
``(iii) Reimbursement for failure to maintain
protections.-- <<NOTE: Time period.>> A State that
receives a grant under this subparagraph shall
reimburse the Secretary in an amount equal to the
amount of the grant in any case in which, during
the 10-year period beginning on the date of
receipt of the grant, the State enacts a law or
regulation that, if in effect on the date of
submission of the application under subparagraph
(B), would have prevented the State from being
eligible to receive the grant under clause (i).
``(F) Matching grants.--
``(i) <<NOTE: Time period.>> In general.--
Beginning on the date that is 180 days after the
date on which an initial grant is provided to a
State under paragraph (3), the Secretary shall,
subject to the availability of appropriations,
provide to the State funding, in an amount equal
to the difference between--
``(I) <<NOTE: Time period.>> the
average annual amount expended by the
State during the period of fiscal years
2010 through 2019--
``(aa) to plug, remediate,
and reclaim orphaned wells; and
``(bb) to decommission or
remove associated pipelines,
facilities, or infrastructure;
and
``(II) the amount that the State
certifies to the Secretary the State
will expend, during the fiscal year in
which the State will receive the grant
under this subparagraph--
``(aa) to plug, remediate,
and reclaim orphaned wells;
``(bb) to remediate or
reclaim adjacent land; and
``(cc) to decommission or
remove associated pipelines,
facilities, and infrastructure.
``(ii) Limitations.--
``(I) Fiscal year.--The Secretary
may issue to a State under this
subparagraph not more than 1 grant for
each fiscal year.
``(II) Total funds provided.--The
Secretary may provide to a State under
this subparagraph a total amount equal
to not more than $30,000,000 during the
period of fiscal years 2022 through
2031.
[[Page 135 STAT. 1088]]
``(d) Tribal <<NOTE: Grants.>> Orphaned Well Site Plugging,
Remediation, and Restoration.--
``(1) Establishment.--The Secretary shall establish a
program under which the Secretary shall--
``(A) provide to Indian Tribes grants in accordance
with this subsection; or
``(B) on request of an Indian Tribe and in lieu of a
grant under subparagraph (A), administer and carry out
plugging, remediation, and reclamation activities in
accordance with paragraph (7).
``(2) Eligible activities.--
``(A) In general.--An Indian Tribe may use a grant
received under this subsection--
``(i) to plug, remediate, or reclaim an
orphaned well on Tribal land;
``(ii) to remediate soil and restore native
species habitat that has been degraded due to the
presence of an orphaned well or associated
pipelines, facilities, or infrastructure on Tribal
land;
``(iii) to remediate Tribal land adjacent to
orphaned wells and decommission or remove
associated pipelines, facilities, and
infrastructure;
``(iv) <<NOTE: Public information. Web
posting.>> to provide an online public accounting
of the cost of plugging, remediation, and
reclamation for each orphaned well site on Tribal
land;
``(v) to identify and characterize
undocumented orphaned wells on Tribal land; and
``(vi) to develop or administer a Tribal
program to carry out any activities described in
clauses (i) through (v).
``(B) Administrative cost limitation.--
``(i) In general.--Except as provided in
clause (ii), an Indian Tribe shall not use more
than 10 percent of the funds received under this
subsection during a fiscal year for administrative
costs under subparagraph (A)(vi).
``(ii) Exception.--The limitation under clause
(i) shall not apply to any funds used to carry out
an administrative action necessary for the
development of a Tribal program described in
subparagraph (A)(vi).
``(3) Factors for consideration.--In determining whether to
provide to an Indian Tribe a grant under this subsection, the
Secretary shall take into consideration--
``(A) the unemployment rate of the Indian Tribe on
the date on which the Indian Tribe submits an
application under paragraph (4); and
``(B) the estimated number of orphaned wells on the
Tribal land of the Indian Tribe.
``(4) Application.--To be eligible to receive a grant under
this subsection, an Indian Tribe shall submit to the Secretary
an application that includes--
``(A) a description of--
``(i) the Tribal program for orphaned well
plugging, remediation, and restoration, including
legal authorities, processes used to identify and
prioritize orphaned wells, procurement mechanisms,
and other program elements demonstrating the
readiness of the Indian
[[Page 135 STAT. 1089]]
Tribe to carry out the proposed activities, or
plans to develop such a program; and
``(ii) the activities to be carried out with
the grant, including an identification of the
estimated health, safety, habitat, and
environmental benefits of plugging, remediating,
or reclaiming orphaned wells and remediating or
reclaiming adjacent land; and
``(B) <<NOTE: Estimates.>> an estimate of--
``(i) the number of orphaned wells that will
be plugged, remediated, or reclaimed; and
``(ii) the projected cost of--
``(I) plugging, remediating, or
reclaiming orphaned wells;
``(II) remediating or reclaiming
adjacent land; and
``(III) decommissioning or removing
associated pipelines, facilities, and
infrastructure.
``(5) <<NOTE: Deadline.>> Distribution.--Subject to the
availability of appropriations, the Secretary shall distribute
funds to an Indian Tribe under this subsection by not later than
the date that is 60 days after the date on which the Indian
Tribe submits to the Secretary a completed application under
paragraph (4).
``(6) Deadline for expenditure.--An Indian Tribe that
receives funds under this subsection shall reimburse the
Secretary in an amount equal to the amount of the funds that
remain unobligated on the date that is 5 years after the date of
receipt of the funds, except for cases in which the Secretary
has granted the Indian Tribe an extended deadline for completion
of the eligible activities after consultation.
``(7) Delegation to secretary in lieu of a grant.--
``(A) In general.--In lieu of a grant under this
subsection, an Indian Tribe may submit to the Secretary
a request for the Secretary to administer and carry out
plugging, remediation, and reclamation activities
relating to an orphaned well on behalf of the Indian
Tribe.
``(B) Administration.--Subject to the availability
of appropriations under subsection (h)(1)(E), on
submission of a request under subparagraph (A), the
Secretary shall administer or carry out plugging,
remediation, and reclamation activities for an orphaned
well on Tribal land.
``(e) Technical Assistance.--The Secretary of Energy, in cooperation
with the Secretary and the Interstate Oil and Gas Compact Commission,
shall provide technical assistance to the Federal land management
agencies and oil and gas producing States and Indian Tribes to support
practical and economical remedies for environmental problems caused by
orphaned wells on Federal land, Tribal land, and State and private land,
including the sharing of best practices in the management of oil and gas
well inventories to ensure the availability of funds to plug, remediate,
and restore oil and gas well sites on cessation of operation.
``(f) Report to Congress.--Not later than 1 year after the date of
enactment of the Infrastructure Investment and Jobs Act, and not less
frequently than annually thereafter, the Secretary shall submit to the
Committees on Appropriations and Energy and Natural Resources of the
Senate and the Committees on Appropriations and Natural Resources of the
House of Representatives
[[Page 135 STAT. 1090]]
a report describing the program established and grants awarded under
this section, including--
``(1) <<NOTE: Inventory.>> an updated inventory of wells
located on Federal land, Tribal land, and State and private land
that are--
``(A) orphaned wells; or
``(B) at risk of becoming orphaned wells;
``(2) an estimate of the quantities of--
``(A) methane and other gasses emitted from orphaned
wells; and
``(B) emissions reduced as a result of plugging,
remediating, and reclaiming orphaned wells;
``(3) the number of jobs created and saved through the
plugging, remediation, and reclamation of orphaned wells; and
``(4) the acreage of habitat restored using grants awarded
to plug, remediate, and reclaim orphaned wells and to remediate
or reclaim adjacent land, together with a description of the
purposes for which that land is likely to be used in the future.
``(g) Effect of Section.--
``(1) No expansion of liability.--Nothing in this section
establishes or expands the responsibility or liability of any
entity with respect to--
``(A) plugging any well; or
``(B) remediating or reclaiming any well site.
``(2) Tribal land.--Nothing in this section--
``(A) relieves the Secretary of any obligation under
section 3 of the Act of May 11, 1938 (25 U.S.C. 396c; 52
Stat. 348, chapter 198), to plug, remediate, or reclaim
an orphaned well located on Tribal land; or
``(B) absolves the United States from a
responsibility to plug, remediate, or reclaim an
orphaned well located on Tribal land or any other
responsibility to an Indian Tribe, including any
responsibility that derives from--
``(i) the trust relationship between the
United States and Indian Tribes;
``(ii) any treaty, law, or Executive order; or
``(iii) any agreement between the United
States and an Indian Tribe.
``(3) Owner or operator not absolved.--Nothing in this
section absolves the owner or operator of an oil or gas well of
any potential liability for--
``(A) reimbursement of any plugging or reclamation
costs associated with the well; or
``(B) any adverse effect of the well on the
environment.
``(h) Authorization of Appropriations.--There are authorized to be
appropriated for fiscal year 2022, to remain available until September
30, 2030:
``(1) to the Secretary--
``(A) $250,000,000 to carry out the program under
subsection (b);
``(B) $775,000,000 to provide grants under
subsection (c)(3);
``(C) $2,000,000,000 to provide grants under
subsection (c)(4);
``(D) $1,500,000,000 to provide grants under
subsection (c)(5); and
[[Page 135 STAT. 1091]]
``(E) $150,000,000 to carry out the program under
subsection (d);
``(2) to the Secretary of Energy, $30,000,000 to conduct
research and development activities in cooperation with the
Interstate Oil and Gas Compact Commission to assist the Federal
land management agencies, States, and Indian Tribes in--
``(A) identifying and characterizing undocumented
orphaned wells; and
``(B) mitigating the environmental risks of
undocumented orphaned wells; and
``(3) to the Interstate Oil and Gas Compact Commission,
$2,000,000 to carry out this section.''.
TITLE VII--ABANDONED MINE LAND RECLAMATION
SEC. 40701. <<NOTE: Grants. 30 USC 1231a.>> ABANDONED MINE
RECLAMATION FUND AUTHORIZATION OF
APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated, for deposit
into the Abandoned Mine Reclamation Fund established by section 401(a)
of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C.
1231(a)) $11,293,000,000 for fiscal year 2022, to remain available until
expended.
(b) Use of Funds.--
(1) In general.--Subject to subsection (g), amounts made
available under subsection (a) shall be used to provide, as
expeditiously as practicable, to States and Indian Tribes
described in paragraph (2) annual grants for abandoned mine land
and water reclamation projects under the Surface Mining Control
and Reclamation Act of 1977 (30 U.S.C. 1201 et seq.).
(2) Eligible grant recipients.--Grants may be made under
paragraph (1) to--
(A) States and Indian Tribes that have a State or
Tribal program approved under section 405 of the Surface
Mining Control and Reclamation Act of 1977 (30 U.S.C.
1235);
(B) States and Indian Tribes that are certified
under section 411(a) of that Act (30 U.S.C. 1240a(a));
and
(C) States and Indian Tribes that are referred to in
section 402(g)(8)(B) of that Act (30 U.S.C.
1232(g)(8)(B)).
(3) Contract aggregation.--In applying for grants under
paragraph (1), States and Indian Tribes may aggregate bids into
larger statewide or regional contracts.
(c) Covered Activities.--Grants under subsection (b)(1) shall only
be used for activities described in subsections (a) and (b) of section
403 and section 410 of the Surface Mining Control and Reclamation Act of
1977 (30 U.S.C. 1233, 1240).
(d) Allocation.--
(1) In general.--Subject to subsection (e), the Secretary of
the Interior shall allocate and distribute amounts made
available for grants under subsection (b)(1) to States and
Indian Tribes on an equal annual basis over a 15-year period
beginning on the date of enactment of this Act, based on the
number of tons of coal historically produced in the States or
from the applicable Indian land before August 3, 1977,
regardless of whether the State or Indian Tribe is certified
under section
[[Page 135 STAT. 1092]]
411(a) of the Surface Mining Control and Reclamation Act of 1977
(30 U.S.C. 1240a(a)).
(2) Surface mining control and reclamation act exception.--
Section 401(f)(3)(B) of the Surface Mining Control and
Reclamation Act of 1977 (30 U.S.C. 1231(f)(3)(B)) shall not
apply to grant funds distributed under subsection (b)(1).
(3) Report to congress on allocations.--
(A) In general.--Not later than 6 years after the
date on which the first allocation to States and Indian
Tribes is made under paragraph (1), the Secretary of the
Interior shall submit to Congress a report that
describes any progress made under this section in
addressing outstanding reclamation needs under
subsection (a) or (b) of section 403 or section 410 of
the Surface Mining Control and Reclamation and Act of
1977 (30 U.S.C. 1233, 1240).
(B) Input.--The Secretary of the Interior shall--
(i) prior to submitting the report under
subparagraph (A), solicit the input of the States
and Indian Tribes regarding the progress referred
to in that subparagraph; and
(ii) include in the report submitted to
Congress under that subparagraph a description of
any input received under clause (i).
(4) Redistribution of funds.--
(A) <<NOTE: Deadline.>> Evaluation.--Not later than
20 years after the date of enactment of this Act, the
Secretary of the Interior shall evaluate grant payments
to States and Indian Tribes made under this section.
(B) Unused funds.--On completion of the evaluation
under subparagraph (A), States and Indian Tribes shall
return any unused funds under this section to the
Abandoned Mine Reclamation Fund.
(e) Total Amount of Grant.--The total amount of grant funding
provided under subsection (b)(1) to an eligible State or Indian Tribe
shall be not less than $20,000,000, to the extent that the amount needed
for reclamation projects described in that subsection on the land of the
State or Indian Tribe is not less than $20,000,000.
(f) Priority.--In addition to the priorities described in section
403(a) of the Surface Mining Control and Reclamation Act of 1977 (30
U.S.C. 1233(a)), in providing grants under this section, priority may
also be given to reclamation projects described in subsection (b)(1)
that provide employment for current and former employees of the coal
industry.
(g) Reservation.--Of the funds made available under subsection (a),
$25,000,000 shall be made available to the Secretary of the Interior to
provide States and Indian Tribes with the financial and technical
assistance necessary for the purpose of making amendments to the
inventory maintained under section 403(c) of the Surface Mining Control
and Reclamation Act of 1977 (30 U.S.C. 1233(c)).
SEC. 40702. ABANDONED MINE RECLAMATION FEE.
(a) Amount.--Section 402(a) of the Surface Mining Control and
Reclamation Act of 1977 (30 U.S.C. 1232(a)) is amended--
(1) by striking ``28 cents'' and inserting ``22.4 cents'';
(2) by striking ``12 cents'' and inserting ``9.6 cents'';
and
[[Page 135 STAT. 1093]]
(3) by striking ``8 cents'' and inserting ``6.4 cents''.
(b) Duration.--Section 402(b) of the Surface Mining Control and
Reclamation Act of 1977 (30 U.S.C. 1232(b)) is amended by striking
``September 30, 2021'' and inserting ``September 30, 2034''.
SEC. 40703. AMOUNTS DISTRIBUTED FROM ABANDONED MINE RECLAMATION
FUND.
Section 401(f)(2) of the Surface Mining Control and Reclamation Act
of 1977 (30 U.S.C. 1231(f)(2)) is amended--
(1) in subparagraph (A)--
(A) in the subparagraph heading, by striking
``2022'' and inserting ``2035''; and
(B) in the matter preceding clause (i), by striking
``2022'' and inserting ``2035''; and
(2) in subparagraph (B)--
(A) in the subparagraph heading, by striking
``2023'' and inserting ``2036'';
(B) by striking ``2023'' and inserting ``2036''; and
(C) by striking ``2022'' and inserting ``2035''.
SEC. 40704. <<NOTE: Inventory. Assessment. Grants. 30 USC 1245.>>
ABANDONED HARDROCK MINE RECLAMATION.
(a) Establishment.--Not later than 90 days after the date of
enactment of this Act, the Secretary of the Interior (referred to in
this section as the ``Secretary'') shall establish a program to
inventory, assess, decommission, reclaim, respond to hazardous substance
releases on, and remediate abandoned hardrock mine land based on
conditions including need, public health and safety, potential
environmental harm, and other land use priorities.
(b) Award of Grants.--Subject to the availability of funds, the
Secretary shall provide grants on a competitive or formula basis to
States and Indian Tribes that have jurisdiction over abandoned hardrock
mine land to reclaim that land.
(c) Eligibility.--Amounts made available under this section may only
be used for Federal, State, Tribal, local, and private land that has
been affected by past hardrock mining activities, and water resources
that traverse or are contiguous to such land, including any of the
following:
(1) Land and water resources that were--
(A) used for, or affected by, hardrock mining
activities; and
(B) abandoned or left in an inadequate reclamation
status before the date of enactment of this Act.
(2) <<NOTE: Determination.>> Land for which the Secretary
makes a determination that there is no continuing reclamation
responsibility of a claim holder, liable party, operator, or
other person that abandoned the site prior to completion of
required reclamation under Federal or State law.
(d) Eligible Activities.--
(1) In general.--Amounts made available to carry out this
section shall be used to inventory, assess, decommission,
reclaim, respond to hazardous substance releases on, and
remediate abandoned hardrock mine land based on the priorities
described in subsection (a).
(2) Exclusion.--Amounts made available to carry out this
section may not be used to fulfill obligations under the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9601 et seq.) agreed to in
[[Page 135 STAT. 1094]]
a legal settlement or imposed by a court, whether for payment of
funds or for work to be performed.
(e) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
carry out this section $3,000,000,000, to remain available until
expended, of which--
(A) 50 percent shall be for grants to States and
Indian Tribes under subsection (b) for eligible
activities described in subsection (d)(1); and
(B) 50 percent shall be for available to the
Secretary for eligible activities described in
subsection (d)(1) on Federal land.
(2) Transfer.--The Secretary may transfer amounts made
available to the Secretary under paragraph (1)(B) to the
Secretary of Agriculture for activities described in subsection
(a) on National Forest System land.
TITLE VIII--NATURAL RESOURCES-RELATED INFRASTRUCTURE, WILDFIRE
MANAGEMENT, AND ECOSYSTEM RESTORATION
SEC. 40801. FOREST SERVICE LEGACY ROAD AND TRAIL REMEDIATION
PROGRAM.
(a) Establishment.--Public Law 88-657 (16 U.S.C. 532 et seq.)
(commonly known as the ``Forest Roads and Trails Act'') is amended by
adding at the end the following:
``SEC. 8. <<NOTE: 16 USC 538a.>> FOREST SERVICE LEGACY ROAD AND
TRAIL REMEDIATION PROGRAM.
``(a) Establishment.--The Secretary shall establish the Forest
Service Legacy Road and Trail Remediation Program (referred to in this
section as the `Program').
``(b) Activities.--In carrying out the Program, the Secretary shall,
taking into account foreseeable changes in weather and hydrology--
``(1) restore passages for fish and other aquatic species
by--
``(A) improving, repairing, or replacing culverts
and other infrastructure; and
``(B) removing barriers, as the Secretary determines
appropriate, from the passages;
``(2) decommission unauthorized user-created roads and
trails that are not a National Forest System road or a National
Forest System trail, if the applicable unit of the National
Forest System has published--
``(A) a Motor Vehicle Use Map and the road is not
identified as a National Forest System road on that
Motor Vehicle Use Map; or
``(B) a map depicting the authorized trails in the
applicable unit of the National Forest System and the
trail is not identified as a National Forest System
trail on that map;
[[Page 135 STAT. 1095]]
``(3) prepare previously closed National Forest System roads
for long-term storage, in accordance with subsections (c)(1) and
(d), in a manner that--
``(A) prevents motor vehicle use, as appropriate to
conform to route designations;
``(B) prevents the roads from damaging adjacent
resources, including aquatic and wildlife resources;
``(C) reduces or eliminates the need for road
maintenance; and
``(D) preserves the roads for future use;
``(4) decommission previously closed National Forest System
roads and trails in accordance with subsections (c)(1) and (d);
``(5) relocate National Forest System roads and trails--
``(A) to increase resilience to extreme weather
events, flooding, and other natural disasters; and
``(B) to respond to changing resource conditions and
public input;
``(6) convert National Forest System roads to National
Forest System trails, while allowing for continued use for
motorized and nonmotorized recreation, to the extent the use is
compatible with the management status of the road or trail;
``(7) decommission temporary roads--
``(A) that were constructed before the date of
enactment of this section--
``(i) for emergency operations; or
``(ii) to facilitate a resource extraction
project;
``(B) that were designated as a temporary road by
the Secretary; and
``(C)(i) in violation of section 10(b) of the Forest
and Rangeland Renewable Resources Planning Act of 1974
(16 U.S.C. 1608(b)), on which vegetation cover has not
been reestablished; or
``(ii) that have not been fully decommissioned; and
``(8) carry out projects on National Forest System roads,
trails, and bridges to improve resilience to extreme weather
events, flooding, or other natural disasters.
``(c) Project Selection.--
``(1) Project eligibility.--
``(A) In general.--The Secretary may only fund under
the Program a project described in paragraph (3) or (4)
of subsection (b) if the Secretary previously and
separately--
``(i) solicited public comment for changing
the management status of the applicable National
Forest System road or trail--
``(I) to close the road or trail to
access; and
``(II) to minimize impacts to
natural resources; and
``(ii) has closed the road or trail to access
as described in clause (i)(I).
``(B) Requirement.--Each project carried out under
the Program shall be on a National Forest System road or
trail, except with respect to--
``(i) a project described in subsection
(b)(2); or
``(ii) <<NOTE: Contracts.>> a project carried
out on a watershed for which the Secretary has
entered into a cooperative agreement under section
323 of the Department of the Interior
[[Page 135 STAT. 1096]]
and Related Agencies Appropriations Act, 1999 (16
U.S.C. 1011a).
``(2) Annual selection of projects for funding.--The
Secretary shall--
``(A) establish a process for annually selecting
projects for funding under the Program, consistent with
the requirements of this section;
``(B) solicit and consider public input regionally
in the ranking of projects for funding under the
Program;
``(C) give priority for funding under the Program to
projects that would--
``(i) protect or improve water quality in
public drinking water source areas;
``(ii) restore the habitat of a threatened,
endangered, or sensitive fish or wildlife species;
or
``(iii) maintain future access to the adjacent
area for the public, contractors, permittees, or
firefighters; and
``(D) <<NOTE: Web posting.>> publish on the website
of the Forest Service--
``(i) the selection process established under
subparagraph (A); and
``(ii) <<NOTE: List.>> a list that includes a
description and the proposed outcome of each
project funded under the Program in each fiscal
year.
``(d) Implementation.--In implementing the Program, the Secretary
shall ensure that--
``(1) the system of roads and trails on the applicable unit
of the National Forest System--
``(A) is adequate to meet any increasing demands for
timber, recreation, and other uses;
``(B) provides for intensive use, protection,
development, and management of the land under principles
of multiple use and sustained yield of products and
services;
``(C) does not damage, degrade, or impair adjacent
resources, including aquatic and wildlife resources, to
the extent practicable;
``(D) reflects long-term funding expectations; and
``(E) is adequate for supporting emergency
operations, such as evacuation routes during wildfires,
floods, and other natural disasters; and
``(2) all projects funded under the Program are consistent
with any applicable forest plan or travel management plan.
``(e) Savings Clause.--A decision to fund a project under the
Program shall not affect any determination made previously or to be made
in the future by the Secretary with regard to road or trail closures.''.
(b) <<NOTE: Time period.>> Authorization of Appropriations.--There
is authorized to be appropriated to the Secretary of Agriculture to
carry out section 8 of Public Law 88-657 (commonly known as the ``Forest
Roads and Trails Act'') $250,000,000 for the period of fiscal years 2022
through 2026.
SEC. 40802. STUDY AND REPORT ON FEASIBILITY OF REVEGETATING
RECLAIMED MINE SITES.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Secretary of the Interior, acting through the Director
of the Office of Surface Mining Reclamation and
[[Page 135 STAT. 1097]]
Enforcement, shall conduct, and submit to Congress a report describing
the results of, a study on the feasibility of revegetating reclaimed
mined sites.
(b) Inclusions.--The report submitted under subsection (a) shall
include--
(1) <<NOTE: Recommenda- tions.>> recommendations for how a
program could be implemented through the Office of Surface
Mining Reclamation and Enforcement to revegetate reclaimed mined
sites;
(2) identifications of reclaimed mine sites that would be
suitable for inclusion in such a program, including sites on
land that--
(A) is subject to title IV of the Surface Mining
Control and Reclamation Act of 1977 (30 U.S.C. 1231 et
seq.); and
(B) is not subject to that title;
(3) a description of any barriers to implementation of such
a program, including whether the program would potentially
interfere with the authorities contained in, or the
implementation of, the Surface Mining Control and Reclamation
Act of 1977 (30 U.S.C. 1201 et seq.), including the Abandoned
Mine Reclamation Fund created by section 401 of that Act (30
U.S.C. 1231) and State reclamation programs under section 405 of
that Act (30 U.S.C. 1235); and
(4) a description of the potential for job creation and
workforce needs if such a program was implemented.
SEC. 40803. <<NOTE: 16 USC 6592.>> WILDFIRE RISK REDUCTION.
(a) <<NOTE: Time period.>> Authorization of Appropriations.--There
is authorized to be appropriated to the Secretary of the Interior and
the Secretary of Agriculture, acting through the Chief of the Forest
Service, for the activities described in subsection (c), $3,369,200,000
for the period of fiscal years 2022 through 2026.
(b) <<NOTE: Deadline.>> Treatment.--Of the Federal land or Indian
forest land or rangeland that has been identified as having a very high
wildfire hazard potential, the Secretary of the Interior and the
Secretary of Agriculture, acting through the Chief of the Forest
Service, shall, by not later than September 30, 2027, conduct
restoration treatments and improve the Fire Regime Condition Class of
10,000,000 acres that are located in--
(1) the wildland-urban interface; or
(2) a public drinking water source area.
(c) Activities.--Of the amounts made available under subsection (a)
for the period of fiscal years 2022 through 2026--
(1) $20,000,000 shall be made available for entering into an
agreement with the Administrator of the National Oceanic and
Atmospheric Administration to establish and operate a program
that makes use of the Geostationary Operational Environmental
Satellite Program to rapidly detect and report wildfire starts
in all areas in which the Secretary of the Interior or the
Secretary of Agriculture has financial responsibility for
wildland fire protection and prevention, of which--
(A) $10,000,000 shall be made available to the
Secretary of the Interior; and
(B) $10,000,000 shall be made available to the
Secretary of Agriculture;
[[Page 135 STAT. 1098]]
(2) $600,000,000 shall be made available for the salaries
and expenses of Federal wildland firefighters in accordance with
subsection (d), of which--
(A) $120,000,000 shall be made available to the
Secretary of the Interior; and
(B) $480,000,000 shall be made available to the
Secretary of Agriculture;
(3) $10,000,000 shall be made available to the Secretary of
the Interior to acquire technology and infrastructure for each
Type I and Type II incident management team to maintain
interoperability with respect to the radio frequencies used by
any responding agency;
(4) $30,000,000 shall be made available to the Secretary of
Agriculture to provide financial assistance to States, Indian
Tribes, and units of local government to establish and operate
Reverse-911 telecommunication systems;
(5) $50,000,000 shall be made available to the Secretary of
the Interior to establish and implement a pilot program to
provide to local governments financial assistance for the
acquisition of slip-on tanker units to establish fleets of
vehicles that can be quickly converted to be operated as fire
engines;
(6) <<NOTE: Publication. Deadline. Time period.>> $1,200,000
shall be made available to the Secretary of Agriculture, in
coordination with the Secretary of the Interior, to develop and
publish, not later than 180 days after the date of enactment of
this Act, and every 5 years thereafter, a map depicting at-risk
communities (as defined in section 101 of the Healthy Forests
Restoration Act of 2003 (16 U.S.C. 6511)), including Tribal at-
risk communities;
(7) $100,000,000 shall be made available to the Secretary of
the Interior and the Secretary of Agriculture--
(A) for--
(i) preplanning fire response workshops that
develop--
(I) potential operational
delineations; and
(II) select potential control
locations; and
(ii) workforce training for staff, non-Federal
firefighters, and Native village fire crews for--
(I) wildland firefighting; and
(II) increasing the pace and scale
of vegetation treatments, including
training on how to prepare and implement
large landscape treatments; and
(B) of which--
(i) $50,000,000 shall be made available to the
Secretary of the Interior; and
(ii) $50,000,000 shall be made available to
the Secretary of Agriculture;
(8) <<NOTE: Contracts. Data.>> $20,000,000 shall be made
available to the Secretary of Agriculture to enter into an
agreement with a Southwest Ecological Restoration Institute
established under the Southwest Forest Health and Wildfire
Prevention Act of 2004 (16 U.S.C. 6701 et seq.)--
(A) to compile and display existing data, including
geographic data, for hazardous fuel reduction or
wildfire prevention treatments undertaken by the
Secretary of the Interior or the Secretary of
Agriculture, including treatments undertaken with
funding provided under this title;
[[Page 135 STAT. 1099]]
(B) to compile and display existing data, including
geographic data, for large wildfires, as defined by the
National Wildfire Coordinating Group, that occur in the
United States;
(C) <<NOTE: Coordination.>> to facilitate
coordination and use of existing and future interagency
fuel treatment data, including geographic data, for the
purposes of--
(i) <<NOTE: Assessment.>> assessing and
planning cross-boundary fuel treatments; and
(ii) monitoring the effects of treatments on
wildfire outcomes and ecosystem restoration
services, using the data compiled under
subparagraphs (A) and (B);
(D) <<NOTE: Reports. Time period.>> to publish a
report every 5 years showing the extent to which
treatments described in subparagraph (A) and previous
wildfires affect the boundaries of wildfires,
categorized by--
(i) Federal land management agency;
(ii) region of the United States; and
(iii) treatment type; and
(E) to carry out other related activities of a
Southwest Ecological Restoration Institute, as
authorized by the Southwest Forest Health and Wildfire
Prevention Act of 2004 (16 U.S.C. 6701 et seq.);
(9) $20,000,000 shall be available for activities conducted
under the Joint Fire Science Program, of which--
(A) $10,000,000 shall be made available to the
Secretary of the Interior; and
(B) $10,000,000 shall be made available to the
Secretary of Agriculture;
(10) $100,000,000 shall be made available to the Secretary
of Agriculture for collaboration and collaboration-based
activities, including facilitation, certification of
collaboratives, and planning and implementing projects under the
Collaborative Forest Landscape Restoration Program established
under section 4003 of the Omnibus Public Land Management Act of
2009 (16 U.S.C. 7303) in accordance with subsection (e);
(11) $500,000,000 shall be made available to the Secretary
of the Interior and the Secretary of Agriculture--
(A) for--
(i) conducting mechanical thinning and timber
harvesting in an ecologically appropriate manner
that maximizes the retention of large trees, as
appropriate for the forest type, to the extent
that the trees promote fire-resilient stands; or
(ii) precommercial thinning in young growth
stands for wildlife habitat benefits to provide
subsistence resources; and
(B) of which--
(i) $100,000,000 shall be made available to
the Secretary of the Interior; and
(ii) $400,000,000 shall be made available to
the Secretary of Agriculture;
(12) <<NOTE: Grants.>> $500,000,000 shall be made available
to the Secretary of Agriculture, in cooperation with States, to
award community wildfire defense grants to at-risk communities
in accordance with subsection (f);
[[Page 135 STAT. 1100]]
(13) $500,000,000 shall be made available for planning and
conducting prescribed fires and related activities, of which--
(A) $250,000,000 shall be made available to the
Secretary of the Interior; and
(B) $250,000,000 shall be made available to the
Secretary of Agriculture;
(14) $500,000,000 shall be made available for developing or
improving potential control locations, in accordance with
paragraph (7)(A)(i)(II), including installing fuelbreaks
(including fuelbreaks studied under subsection (i)), with a
focus on shaded fuelbreaks when ecologically appropriate, of
which--
(A) $250,000,000 shall be made available to the
Secretary of the Interior; and
(B) $250,000,000 shall be made available to the
Secretary of Agriculture;
(15) <<NOTE: Contracts.>> $200,000,000 shall be made
available for contracting or employing crews of laborers to
modify and remove flammable vegetation on Federal land and for
using materials from treatments, to the extent practicable, to
produce biochar and other innovative wood products, including
through the use of existing locally based organizations that
engage young adults, Native youth, and veterans in service
projects, such as youth and conservation corps, of which--
(A) $100,000,000 shall be made available to the
Secretary of the Interior; and
(B) $100,000,000 shall be made available to the
Secretary of Agriculture;
(16) <<NOTE: Deadline.>> $200,000,000 shall be made
available for post-fire restoration activities that are
implemented not later than 3 years after the date that a
wildland fire is contained, of which--
(A) $100,000,000 shall be made available to the
Secretary of the Interior; and
(B) $100,000,000 shall be made available to the
Secretary of Agriculture;
(17) $8,000,000 shall be made available to the Secretary of
Agriculture--
(A) to provide feedstock to firewood banks; and
(B) to provide financial assistance for the
operation of firewood banks; and
(18) <<NOTE: Contracts.>> $10,000,000 shall be available to
the Secretary of the Interior and the Secretary of Agriculture
for the procurement and placement of wildfire detection and
real-time monitoring equipment, such as sensors, cameras, and
other relevant equipment, in areas at risk of wildfire or post-
burned areas.
(d) Wildland Firefighters.--
(1) <<NOTE: Deadline. Coordination.>> In general.--Subject
to the availability of appropriations, not later than 180 days
after the date of enactment of this Act, the Secretary of the
Interior and the Secretary of Agriculture shall, using the
amounts made available under subsection (c)(2), coordinate with
the Director of the Office of Personnel Management to develop a
distinct ``wildland firefighter'' occupational series.
(2) Hazardous duty differential not affected.--Section
5545(d)(1) of title 5, United States Code, is amended by
striking ``except'' and all that follows through ``and'' at the
end and inserting the following: ``except--
[[Page 135 STAT. 1101]]
``(A) <<NOTE: Determination.>> an employee in an
occupational series covering positions for which the
primary duties involve the prevention, control,
suppression, or management of wildland fires, as
determined by the Office; and
``(B) <<NOTE: Regulations.>> in such other
circumstances as the Office may by regulation prescribe;
and''.
(3) Current employees.--Any individual employed as a
wildland firefighter on the date on which the occupational
series established under paragraph (1) takes effect may elect--
(A) to remain in the occupational series in which
the individual is employed; or
(B) to be included in the ``wildland firefighter''
occupational series established under that paragraph.
(4) <<NOTE: Effective date.>> Permanent employees; increase
in salary.--Using the amounts made available under subsection
(c)(2), beginning October 1, 2021, the Secretary of the Interior
and the Secretary of Agriculture shall--
(A) seek to convert not fewer than 1,000 seasonal
wildland firefighters to wildland firefighters that--
(i) are full-time, permanent, year-round
Federal employees; and
(ii) reduce hazardous fuels on Federal land
not fewer than 800 hours per year; and
(B) <<NOTE: Coordination. Determination.>> increase
the base salary of a Federal wildland firefighter by the
lesser of an amount that is commensurate with an
increase of $20,000 per year or an amount equal to 50
percent of the base salary, if the Secretary concerned,
in coordination with the Director of the Office of
Personnel Management, makes a written determination that
the position of the Federal wildland firefighter is
located within a specified geographic area in which it
is difficult to recruit or retain a Federal wildland
firefighter.
(5) <<NOTE: Deadline.>> National wildfire coordinating
group.--Using the amounts made available under subsection
(c)(2), not later than October 1, 2022, the Secretary of the
Interior and the Secretary of Agriculture shall--
(A) <<NOTE: Recommenda- tions.>> develop and adhere
to recommendations for mitigation strategies for
wildland firefighters to minimize exposure due to line-
of-duty environmental hazards; and
(B) establish programs for permanent, temporary,
seasonal, and year-round wildland firefighters to
recognize and address mental health needs, including
post-traumatic stress disorder care.
(e) Collaborative Forest Landscape Restoration Program.--
Subject <<NOTE: Deadline.>> to the availability of appropriations, not
later than 180 days after the date of enactment of this Act, the
Secretary of Agriculture shall, using the amounts made available under
subsection (c)(10)--
(1) solicit new project proposals under the Collaborative
Forest Landscape Restoration Program established under section
4003 of the Omnibus Public Land Management Act of 2009 (16
U.S.C. 7303) (referred to in this subsection as the
``Program'');
(2) <<NOTE: Time period.>> provide up to 5 years of
additional funding of any proposal originally selected for
funding under the Program prior to September 30, 2018--
[[Page 135 STAT. 1102]]
(A) that has been approved for an extension of
funding by the Secretary of Agriculture prior to the
date of enactment of this Act; or
(B) that has been recommended for an extension of
funding by the advisory panel established under section
4003(e) of the Omnibus Public Land Management Act of
2009 (16 U.S.C. 7303(e)) prior to the date of enactment
of this Act that the Secretary of Agriculture
subsequently approves; and
(3) select project proposals for funding under the Program
in a manner that--
(A) gives priority to a project proposal that will
treat acres that--
(i) have been identified as having very high
wildfire hazard potential; and
(ii) are located in--
(I) the wildland-urban interface; or
(II) a public drinking water source
area;
(B) takes into consideration--
(i) the cost per acre of Federal land or
Indian forest land or rangeland acres described in
subparagraph (A) to be treated; and
(ii) the number of acres described in
subparagraph (A) to be treated;
(C) gives priority to a project proposal that is
proposed by a collaborative that has successfully
accomplished treatments consistent with a written plan
that included a proposed schedule of completing those
treatments, which is not limited to an earlier proposal
funded under the Program; and
(D) <<NOTE: Time period.>> discontinues funding for
a project that fails to achieve the results included in
a project proposal submitted under paragraph (1) for
more than 2 consecutive years.
(f) Community Wildfire Defense Grant Program.--
(1) <<NOTE: Deadline.>> Establishment.--Subject to the
availability of appropriations, not later than 180 days after
the date of enactment of this Act, the Secretary of Agriculture
shall, using amounts made available under subsection (c)(12),
establish a program, which shall be separate from the program
established under section 203 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5133), under
which the Secretary of Agriculture, in cooperation with the
States, shall award grants to at-risk communities, including
Indian Tribes--
(A) to develop or revise a community wildfire
protection plan; and
(B) <<NOTE: Time period.>> to carry out projects
described in a community wildfire protection plan that
is not more than 10 years old.
(2) Priority.--In awarding grants under the program
described in paragraph (1), the Secretary of Agriculture shall
give priority to an at-risk community that is--
(A) in an area identified by the Secretary of
Agriculture as having high or very high wildfire hazard
potential;
(B) a low-income community; or
(C) a community impacted by a severe disaster.
(3) Community wildfire defense grants.--
(A) Grant amounts.--A grant--
[[Page 135 STAT. 1103]]
(i) awarded under paragraph (1)(A) shall be
for not more than $250,000; and
(ii) awarded under paragraph (1)(B) shall be
for not more than $10,000,000.
(B) Cost sharing requirement.--
(i) In general.--Except as provided in clause
(ii), the non-Federal cost (including the
administrative cost) of carrying out a project
using funds from a grant awarded under the program
described in paragraph (1) shall be--
(I) not less than 10 percent for a
grant awarded under paragraph (1)(A);
and
(II) not less than 25 percent for a
grant awarded under paragraph (1)(B).
(ii) Waiver.--The Secretary of Agriculture may
waive the cost-sharing requirement under clause
(i) for a project that serves an underserved
community.
(C) Eligibility.--The Secretary of Agriculture shall
not award a grant under paragraph (1) to an at-risk
community that is located in a county or community
that--
(i) is located in the continental United
States; and
(ii) has not adopted an ordinance or
regulation that requires the construction of new
roofs on buildings to adhere to standards that are
similar to, or more stringent than--
(I) the roof construction standards
established by the National Fire
Protection Association; or
(II) an applicable model building
code established by the International
Code Council.
(g) Priorities.--In carrying out projects using amounts made
available under this section, the Secretary of the Interior or the
Secretary of Agriculture, acting through the Chief of the Forest
Service, as applicable, shall prioritize funding for projects--
(1) for which any applicable processes under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) have
been completed on the date of enactment of this Act;
(2) that reduce the likelihood of experiencing
uncharacteristically severe effects from a potential wildfire by
focusing on areas strategically important for reducing the risks
associated with wildfires;
(3) that maximize the retention of large trees, as
appropriate for the forest type, to the extent that the trees
promote fire-resilient stands;
(4) that do not include the establishment of permanent
roads;
(5) for which funding would be committed to decommission all
temporary roads constructed to carry out the project; and
(6) <<NOTE: Determination.>> that fully maintain or
contribute toward the restoration of the structure and
composition of old growth stands consistent with the
characteristics of that forest type, taking into account the
contribution of the old growth stand to landscape fire adaption
and watershed health, unless the old growth stand is part of a
science-based ecological restoration project authorized by the
Secretary concerned that meets applicable protection and old
growth enhancement objectives, as determined by the Secretary
concerned.
[[Page 135 STAT. 1104]]
(h) Reports.-- The Secretary of the Interior and the Secretary of
Agriculture, acting through the Chief of the Forest Service, shall
complete and submit to the Committee on Energy and Natural Resources of
the Senate and the Committee on Natural Resources of the House of
Representatives an annual report describing the number of acres of land
on which projects carried out using funds made available under this
section improved the Fire Regime Condition Class of the land described
in subsection (b).
(i) Wildfire Prevention Study.--
(1) <<NOTE: Deadline.>> In general.--Not later than 180
days after the date of enactment of this Act, the Secretary of
Agriculture shall initiate a study of the construction and
maintenance of a system of strategically placed fuelbreaks to
control wildfires in western States.
(2) Review.--The study under paragraph (1) shall review--
(A) a full suite of manual, chemical, and mechanical
treatments; and
(B) the effectiveness of the system described in
that paragraph in reducing wildfire risk and protecting
communities.
(3) <<NOTE: Deadline.>> Determination.--Not later than 90
days after the date of completion of the study under paragraph
(1), the Secretary of Agriculture shall determine whether to
initiate the preparation of a programmatic environmental impact
statement implementing the system described in that paragraph in
appropriate locations.
(j) Monitoring, Maintenance, and Treatment Plan and Strategy.--
(1) <<NOTE: Deadlines. Time period.>> In general.--Not
later than 120 days after the date of enactment of this Act, the
Secretary of Agriculture and the Secretary of the Interior shall
establish a 5-year monitoring, maintenance, and treatment plan
that--
(A) describes activities under subsection (c) that
the Secretary of Agriculture and the Secretary of the
Interior will take to reduce the risk of wildfire by
conducting restoration treatments and improving the Fire
Regime Condition Class of 10,000,000 acres of Federal
land or Tribal Forest land or rangeland that is
identified as having very high wildfire hazard
potential, not including annual treatments otherwise
scheduled;
(B) establishes a process for prioritizing
treatments in areas and communities at the highest risk
of catastrophic wildfires;
(C) includes an innovative plan and process--
(i) to leverage public-private partnerships
and resources, shared stewardship agreements, good
neighbor agreements, and similar contracting
authorities;
(ii) to prioritize projects for which any
applicable processes under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321
et seq.) have been completed as of the date of
enactment of this Act;
(iii) to streamline subsequent projects based
on existing statutory or regulatory authorities;
and
(iv) to develop interagency teams to increase
coordination and efficiency under the National
[[Page 135 STAT. 1105]]
Environmental Policy Act of 1969 (42 U.S.C. 4321);
and
(D) establishes a process for coordinating
prioritization and treatment with State and local
entities and affected stakeholders.
(2) <<NOTE: Coordination. Publication.>> Strategy.--Not
later than 5 years after the date of enactment of this Act, the
Secretary of Agriculture and the Secretary of the Interior, in
coordination with State and local governments, shall publish a
long-term, outcome-based monitoring, maintenance, and treatment
strategy--
(A) to maintain forest health improvements and
wildfire risk reduction accomplished under this section;
(B) <<NOTE: Time period.>> to continue treatment at
levels necessary to address the 20,000,000 acres needing
priority treatment over the 10-year period beginning on
the date of publication of the strategy; and
(C) to proactively conduct treatment at a level
necessary to minimize the risk of wildfire to
surrounding at-risk communities.
(k) Authorized Hazardous Fuels Projects.--A project carried out
using funding authorized under paragraphs (11)(A)(i), (13), or (14) of
subsection (c) shall be considered an authorized hazardous fuel
reduction project pursuant to section 102 of the Healthy Forests
Restoration Act of 2003 (16 U.S.C. 6512).
SEC. 40804. <<NOTE: 16 USC 6592a.>> ECOSYSTEM RESTORATION.
(a) <<NOTE: Time period.>> Authorization of Appropriations.--There
is authorized to be appropriated to the Secretary of the Interior and
the Secretary of Agriculture, acting through the Chief of the Forest
Service, for the activities described in subsection (b), $2,130,000,000
for the period of fiscal years 2022 through 2026.
(b) Activities.--Of the amounts made available under subsection (a)
for the period of fiscal years 2022 through 2026--
(1) $300,000,000 shall be made available, in accordance with
subsection (c), to the Secretary of the Interior and the
Secretary of Agriculture--
(A) for--
(i) <<NOTE: Contracts.>> entering into
contracts, including stewardship contracts or
agreements, the purpose of each of which shall be
to restore ecological health on not fewer than
10,000 acres of Federal land, including Indian
forest land or rangeland, and for salaries and
expenses associated with preparing and executing
those contracts; and
(ii) establishing a Working Capital Fund that
may be accessed by the Secretary of the Interior
or the Secretary of Agriculture to fund
requirements of contracts described in clause (i),
including cancellation and termination costs,
consistent with section 604(h) of the Healthy
Forests Restoration Act of 2003 (16 U.S.C.
6591c(h)), and periodic payments over the span of
the contract period; and
(B) of which--
(i) $50,000,000 shall be made available to the
Secretary of the Interior to enter into contracts
described in subparagraph (A)(i);
[[Page 135 STAT. 1106]]
(ii) $150,000,000 shall be made available to
the Secretary of Agriculture to enter into
contracts described in subparagraph (A)(i); and
(iii) $100,000,000 shall be made available
until expended to the Secretary of the Interior,
notwithstanding any other provision of this Act,
to establish the Working Capital Fund described in
subparagraph (A)(ii);
(2) $200,000,000 shall be made available to provide to
States and Indian Tribes for implementing restoration projects
on Federal land pursuant to good neighbor agreements entered
into under section 8206 of the Agricultural Act of 2014 (16
U.S.C. 2113a) or agreements entered into under section 2(b) of
the Tribal Forest Protection Act of 2004 (25 U.S.C. 3115a(b)),
of which--
(A) $40,000,000 shall be made available to the
Secretary of the Interior; and
(B) $160,000,000 shall be made available to the
Secretary of Agriculture;
(3) $400,000,000 shall be made available to the Secretary of
Agriculture to provide financial assistance to facilities that
purchase and process byproducts from ecosystem restoration
projects in accordance with subsection (d);
(4) <<NOTE: Grants.>> $400,000,000 shall be made available
to the Secretary of the Interior to provide grants to States,
territories of the United States, and Indian Tribes for
implementing voluntary ecosystem restoration projects on private
or public land, in consultation with the Secretary of
Agriculture, that--
(A) prioritizes funding cross-boundary projects; and
(B) requires matching funding from the State,
territory of the United States, or Indian Tribe to be
eligible to receive the funding;
(5) <<NOTE: Grants.>> $50,000,000 shall be made available
to the Secretary of Agriculture to award grants to States and
Indian Tribes to establish rental programs for portable skidder
bridges, bridge mats, or other temporary water crossing
structures, to minimize stream bed disturbance on non-Federal
land and Federal land;
(6) $200,000,000 shall be made available for invasive
species detection, prevention, and eradication, including
conducting research and providing resources to facilitate
detection of invasive species at points of entry and awarding
grants for eradication of invasive species on non-Federal land
and on Federal land, of which--
(A) $100,000,000 shall be made available to the
Secretary of the Interior; and
(B) $100,000,000 shall be made available to the
Secretary of Agriculture;
(7) $100,000,000 shall be made available to restore,
prepare, or adapt recreation sites on Federal land, including
Indian forest land or rangeland, in accordance with subsection
(e);
(8) $200,000,000 shall be made available to restore native
vegetation and mitigate environmental hazards on mined land on
Federal and non-Federal land, of which--
(A) $100,000,000 shall be made available to the
Secretary of the Interior; and
(B) $100,000,000 shall be made available to the
Secretary of Agriculture;
[[Page 135 STAT. 1107]]
(9) $200,000,000 shall be made available to establish and
implement a national revegetation effort on Federal and non-
Federal land, including to implement the National Seed Strategy
for Rehabilitation and Restoration, of which--
(A) $70,000,000 shall be made available to the
Secretary of the Interior; and
(B) $130,000,000 shall be made available to the
Secretary of Agriculture; and
(10) <<NOTE: Coordination. Water.>> $80,000,000 shall be
made available to the Secretary of Agriculture, in coordination
with the Secretary of the Interior, to establish a
collaborative-based, landscape-scale restoration program to
restore water quality or fish passage on Federal land, including
Indian forest land or rangeland, in accordance with subsection
(f).
(c) Ecological Health Restoration Contracts.--
(1) <<NOTE: Deadline.>> Submission of list of projects to
congress.--Until the date on which all of the amounts made
available to carry out subsection (b)(1)(A)(i) are expended, not
later than 90 days before the end of each fiscal year, the
Secretary of the Interior and the Secretary of Agriculture shall
submit to the Committee on Energy and Natural Resources and the
Committee on Appropriations of the Senate and the Committee on
Natural Resources and the Committee on Appropriations of the
House of Representatives a list of projects to be funded under
that subsection in the subsequent fiscal year, including--
(A) a detailed description of each project; and
(B) <<NOTE: Cost estimate.>> an estimate of the
cost, including salaries and expenses, for the project.
(2) Alternate allocation.--Appropriations Acts may provide
for alternate allocation of amounts made available under
subsection (b)(1), consistent with the allocations under
subparagraph (B) of that subsection.
(3) <<NOTE: President.>> Lack of alternate allocations.--If
Congress has not enacted legislation establishing alternate
allocations described in paragraph (2) by the date on which the
Act making full-year appropriations for the Department of the
Interior, Environment, and Related Agencies for the applicable
fiscal year is enacted into law, amounts made available under
subsection (b)(1)(B) shall be allocated by the President.
(d) <<NOTE: Coordination.>> Wood Products Infrastructure.--The
Secretary of Agriculture, in coordination with the Secretary of the
Interior, shall--
(1) develop a ranking system that categorizes units of
Federal land, including Indian forest land or rangeland, with
regard to treating areas at risk of unnaturally severe wildfire
or insect or disease infestation, as being--
(A) very low priority for ecological restoration
involving vegetation removal;
(B) low priority for ecological restoration
involving vegetation removal;
(C) medium priority for ecological restoration
involving vegetation removal;
(D) high priority for ecological restoration
involving vegetation removal; or
(E) very high priority for ecological restoration
involving vegetation removal;
[[Page 135 STAT. 1108]]
(2) <<NOTE: Determination.>> determine, for a unit
identified under paragraph (1) as being high or very high
priority for ecological restoration involving vegetation
removal, if--
(A) a sawmill or other wood-processing facility
exists in close proximity to, or a forest worker is
seeking to conduct restoration treatment work on or in
close proximity to, the unit; and
(B) the presence of a sawmill or other wood-
processing facility would substantially decrease or does
substantially decrease the cost of conducting ecological
restoration projects involving vegetation removal;
(3) <<NOTE: Determination.>> in accordance with any
conditions the Secretary of Agriculture determines to be
necessary, using the amounts made available under subsection
(b)(3), provide financial assistance, including a low-interest
loan or a loan guarantee, to an entity seeking to establish,
reopen, retrofit, expand, or improve a sawmill or other wood-
processing facility in close proximity to a unit of Federal land
that has been identified under paragraph (1) as high or very
high priority for ecological restoration, if the presence of a
sawmill or other wood-processing facility would substantially
decrease or does substantially decrease the cost of conducting
ecological restoration projects involving vegetation removal on
the unit of Federal land, including Indian forest land or
rangeland, as determined under paragraph (2)(B); and
(4) to the extent practicable, when allocating funding to
units of Federal land for ecological restoration projects
involving vegetation removal, give priority to a unit of Federal
land that--
(A) has been identified under paragraph (1) as being
high or very high priority for ecological restoration
involving vegetation removal; and
(B) has a sawmill or other wood-processing
facility--
(i) that, as determined under paragraph (2)--
(I) exists in close proximity to the
unit; and
(II) does substantially decrease the
cost of conducting ecological
restoration projects involving
vegetation removal on the unit; or
(ii) that has received financial assistance
under paragraph (3).
(e) Recreation Sites.--
(1) Site restoration and improvements.--Of the amounts made
available under subsection (b)(7), $45,000,000 shall be made
available to the Secretary of the Interior and $35,000,000 shall
be made available the Secretary of Agriculture to restore,
prepare, or adapt recreation sites on Federal land, including
Indian forest land or rangeland, that have experienced or may
likely experience visitation and use beyond the carrying
capacity of the sites.
(2) Public use recreation cabins.--
(A) In general.--Of the amounts made available under
subsection (b)(7), $20,000,000 shall be made available
to the Secretary of Agriculture for--
(i) the operation, repair, reconstruction, and
construction of public use recreation cabins on
National Forest System land; and
[[Page 135 STAT. 1109]]
(ii) to the extent necessary, the repair or
reconstruction of historic buildings that are to
be outleased under section 306121 of title 54,
United States Code.
(B) Inclusion.--Of the amount described in
subparagraph (A), $5,000,000 shall be made available to
the Secretary of Agriculture for associated salaries and
expenses in carrying out that subparagraph.
(C) <<NOTE: Contracts.>> Agreements.--The Secretary
of Agriculture may enter into a lease or cooperative
agreement with a State, Indian Tribe, local government,
or private entity--
(i) to carry out the activities described in
subparagraph (A); or
(ii) to manage the renting of a cabin or
building described in subparagraph (A) to the
public.
(3) Exclusion.--A project shall not be eligible for funding
under this subsection if--
(A) funding for the project would be used for
deferred maintenance, as defined by Federal Accounting
Standards Advisory Board; and
(B) the Secretary of the Interior or the Secretary
of Agriculture has identified the project for funding
from the National Parks and Public Land Legacy
Restoration Fund established by section 200402(a) of
title 54, United States Code.
(f) Collaborative-based, Aquatic-focused, Landscape-scale
Restoration Program.--Subject <<NOTE: Deadline. Coordination. Time
periods.>> to the availability of appropriations, not later than 180
days after the date of enactment of this Act, the Secretary of
Agriculture shall, in coordination with the Secretary of the Interior
and using the amounts made available under subsection (b)(10)--
(1) solicit collaboratively developed proposals that--
(A) are for 5-year projects to restore fish passage
or water quality on Federal land and non-Federal land to
the extent allowed under section 323(a) of the
Department of the Interior and Related Agencies
Appropriations Act, 1999 (16 U.S.C. 1011a(a)), including
Indian forest land or rangeland;
(B) contain proposed accomplishments and proposed
non-Federal funding; and
(C) request not more than $5,000,000 in funding made
available under subsection (b)(10);
(2) select project proposals for funding in a manner that--
(A) gives priority to a project proposal that would
result in the most miles of streams being restored for
the lowest amount of Federal funding; and
(B) discontinues funding for a project that fails to
achieve the results included in a proposal submitted
under paragraph (1) for more than 2 consecutive years;
and
(3) <<NOTE: Publication. List.>> publish a list of--
(A) all of the priority watersheds on National
Forest System land;
(B) the condition of each priority watershed on the
date of enactment of this Act; and
(C) the condition of each priority watershed on the
date that is 5 years after the date of enactment of this
Act.
[[Page 135 STAT. 1110]]
SEC. 40805. GAO STUDY.
(a) Study.--Not later than 6 years after the date of enactment of
this Act, the Comptroller General of the United States shall--
(1) conduct a study on the implementation of this title and
the amendments made by this title, including whether this title
and the amendments made by this title have--
(A) effectively reduced wildfire risk, including the
extent to which the wildfire hazard on Federal land has
changed; and
(B) restored ecosystems on Federal and non-Federal
land; and
(2) submit to Congress a report that describes the results
of the study under paragraph (1).
(b) Authorization of Appropriations.--There is authorized to be
appropriated to the Comptroller General of the Unites States for the
activities described in subsection (a) $800,000.
SEC. 40806. <<NOTE: 16 USC 6592b.>> ESTABLISHMENT OF FUEL BREAKS
IN FORESTS AND OTHER WILDLAND
VEGETATION.
(a) Definition of Secretary Concerned.--In this section, the term
``Secretary concerned'' means--
(1) the Secretary of Agriculture, with respect to National
Forest System land; and
(2) the Secretary of the Interior, with respect to public
lands (as defined in section 103 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1702)) administered by the
Bureau of Land Management.
(b) <<NOTE: Records. Memorandum.>> Categorical Exclusion
Established.--Forest management activities described in subsection (c)
are a category of actions designated as being categorically excluded
from the preparation of an environmental assessment or an environmental
impact statement under the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) if the categorical exclusion is documented through
a supporting record and decision memorandum.
(c) Forest Management Activities Designated for Categorical
Exclusion.--
(1) In general.--The category of forest management
activities designated under subsection (b) for a categorical
exclusion are forest management activities described in
paragraph (2) that are carried out by the Secretary concerned on
public lands (as defined in section 103 of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1702)) administered
by the Bureau of Land Management or National Forest System land
the primary purpose of which is to establish and maintain linear
fuel breaks that are--
(A) up to 1,000 feet in width contiguous with or
incorporating existing linear features, such as roads,
water infrastructure, transmission and distribution
lines, and pipelines of any length on Federal land; and
(B) intended to reduce the risk of uncharacteristic
wildfire on Federal land or catastrophic wildfire for an
adjacent at-risk community.
(2) Activities.--Subject to paragraph (3), the forest
management activities that may be carried out pursuant to the
categorical exclusion established under subsection (b) are--
(A) mowing or masticating;
(B) thinning by manual and mechanical cutting;
[[Page 135 STAT. 1111]]
(C) piling, yarding, and removal of slash or
hazardous fuels;
(D) selling of vegetation products, including
timber, firewood, biomass, slash, and fenceposts;
(E) targeted grazing;
(F) application of--
(i) pesticide;
(ii) biopesticide; or
(iii) herbicide;
(G) seeding of native species;
(H) controlled burns and broadcast burning; and
(I) burning of piles, including jackpot piles.
(3) Excluded activities.--A forest management activity
described in paragraph (2) may not be carried out pursuant to
the categorical exclusion established under subsection (b) if
the activity is conducted--
(A) in a component of the National Wilderness
Preservation System;
(B) on Federal land on which the removal of
vegetation is prohibited or restricted by Act of
Congress, Presidential proclamation (including the
applicable implementation plan), or regulation;
(C) in a wilderness study area; or
(D) in an area in which carrying out the activity
would be inconsistent with the applicable land
management plan or resource management plan.
(4) <<NOTE: Applicability. Determination.>> Extraordinary
circumstances.--The Secretary concerned shall apply the
extraordinary circumstances procedures under section 220.6 of
title 36, Code of Federal Regulations (or a successor
regulation), in determining whether to use a categorical
exclusion under subsection (b).
(d) Acreage and Location Limitations.--Treatments of vegetation in
linear fuel breaks covered by the categorical exclusion established
under subsection (b)--
(1) may not contain treatment units in excess of 3,000
acres;
(2) shall be located primarily in--
(A) the wildland-urban interface or a public
drinking water source area;
(B) if located outside the wildland-urban interface
or a public drinking water source area, an area within
Condition Class 2 or 3 in Fire Regime Group I, II, or
III that contains very high wildfire hazard potential;
or
(C) an insect or disease area designated by the
Secretary concerned as of the date of enactment of this
Act; and
(3) shall consider the best available scientific
information.
(e) Roads.--
(1) Permanent roads.--A project under this section shall not
include the establishment of permanent roads.
(2) Existing roads.--The Secretary concerned may carry out
necessary maintenance and repairs on existing permanent roads
for the purposes of this section.
(3) <<NOTE: Deadline.>> Temporary roads.--The Secretary
concerned shall decommission any temporary road constructed
under a project under this section not later than 3 years after
the date on which the project is completed.
[[Page 135 STAT. 1112]]
(f) Public Collaboration.--To encourage meaningful public
participation during the preparation of a project under this section,
the Secretary concerned shall facilitate, during the preparation of each
project--
(1) collaboration among State and local governments and
Indian Tribes; and
(2) participation of interested persons.
SEC. 40807. <<NOTE: 16 USC 6592c.>> EMERGENCY ACTIONS.
(a) Definitions.--In this section:
(1) Authorized emergency action.--The term ``authorized
emergency action'' means an action carried out pursuant to an
emergency situation determination issued under this section to
mitigate the harm to life, property, or important natural or
cultural resources on National Forest System land or adjacent
land.
(2) Emergency situation.--The term ``emergency situation''
means a situation on National Forest System land for which
immediate implementation of 1 or more authorized emergency
actions is necessary to achieve 1 or more of the following
results:
(A) Relief from hazards threatening human health and
safety.
(B) Mitigation of threats to natural resources on
National Forest System land or adjacent land.
(3) Emergency situation determination.--The term ``emergency
situation determination'' means a determination made by the
Secretary under subsection (b)(1)(A).
(4) Land and resource management plan.--The term ``land and
resource management plan'' means a plan developed under section
6 of the Forest and Rangeland Renewable Resources Planning Act
of 1974 (16 U.S.C. 1604).
(5) National forest system land.--The term ``National Forest
System land'' means land of the National Forest System (as
defined in section 11(a) of the Forest and Rangeland Renewable
Resources Planning Act of 1974 (16 U.S.C. 1609(a))).
(6) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(b) Authorized Emergency Actions to Respond to Emergency
Situations.--
(1) Determination.--
(A) In general.--The Secretary may make a
determination that an emergency situation exists with
respect to National Forest System land.
(B) Review.--An emergency situation determination
shall not be subject to objection under the
predecisional administrative review processes under part
218 of title 36, Code of Federal Regulations (or
successor regulations).
(C) Basis of determination.--An emergency situation
determination shall be based on an examination of the
relevant information.
(2) Authorized emergency actions.--After making an emergency
situation determination with respect to National Forest System
land, the Secretary may carry out authorized emergency actions
on that National Forest System land in order to achieve reliefs
from hazards threatening human health and safety or mitigation
of threats to natural resources on
[[Page 135 STAT. 1113]]
National Forest System land or adjacent land, including
through--
(A) the salvage of dead or dying trees;
(B) the harvest of trees damaged by wind or ice;
(C) the commercial and noncommercial sanitation
harvest of trees to control insects or disease,
including trees already infested with insects or
disease;
(D) the reforestation or replanting of fire-impacted
areas through planting, control of competing vegetation,
or other activities that enhance natural regeneration
and restore forest species;
(E) the removal of hazardous trees in close
proximity to roads and trails;
(F) the removal of hazardous fuels;
(G) the restoration of water sources or
infrastructure;
(H) the reconstruction of existing utility lines;
and
(I) the replacement of underground cables.
(3) Relation to land and resource management plans.--Any
authorized emergency action carried out under paragraph (2) on
National Forest System land shall be conducted consistent with
the applicable land and resource management plan.
(c) Environmental Analysis.--
(1) Environmental assessment or environmental impact
statement.--If <<NOTE: Determination. Study.>> the Secretary
determines that an authorized emergency action requires an
environmental assessment or an environmental impact statement
pursuant to section 102(2) of the National Environmental Policy
Act of 1969 (42 U.S.C. 4332(2)), the Secretary shall study,
develop, and describe--
(A) the proposed agency action, taking into account
the probable environmental consequences of the
authorized emergency action and mitigating foreseeable
adverse environmental effects, to the extent
practicable; and
(B) the alternative of no action.
(2) Public notice.--The Secretary shall provide notice of
each authorized emergency action that the Secretary determines
requires an environmental assessment or environmental impact
statement under paragraph (1), in accordance with applicable
regulations and administrative guidelines.
(3) Public comment.--The Secretary shall provide an
opportunity for public comment during the preparation of any
environmental assessment or environmental impact statement under
paragraph (1).
(4) Savings clause.--Nothing in this subsection prohibits
the Secretary from--
(A) making an emergency situation determination,
including a determination that an emergency exists
pursuant to section 218.21(a) of title 36, Code of
Federal Regulations (or successor regulations); or
(B) taking an emergency action under section
220.4(b) of title 36, Code of Federal Regulations (or
successor regulations).
(d) Administrative Review of Authorized Emergency Actions.--An
authorized emergency action carried out under this section shall not be
subject to objection under the predecisional administrative review
processes established under section 105 of
[[Page 135 STAT. 1114]]
the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6515) and section
428 of the Department of the Interior, Environment, and Related Agencies
Appropriations Act, 2012 (16 U.S.C. 6515 note; Public Law 112-74).
(e) Judicial Review of Emergency Actions.--A court shall not enjoin
an authorized emergency action under this section if the court
determines that the plaintiff is unable to demonstrate that the claim of
the plaintiff is likely to succeed on the merits.
(f) Notification and Guidance.--The Secretary shall provide
notification and guidance to each local field office of the Forest
Service to ensure awareness of, compliance with, and appropriate use of
the authorized emergency action authority under this section.
SEC. 40808. <<NOTE: 16 USC 6592d.>> JOINT CHIEFS LANDSCAPE
RESTORATION PARTNERSHIP PROGRAM.
(a) Definitions.--In this section:
(1) Chiefs.--The term ``Chiefs'' means the Chief of the
Forest Service and the Chief of the Natural Resources
Conservation Service.
(2) Eligible activity.--The term ``eligible activity'' means
an activity--
(A) to reduce the risk of wildfire;
(B) to protect water quality and supply; or
(C) to improve wildlife habitat for at-risk species.
(3) Program.--The term ``Program'' means the Joint Chiefs
Landscape Restoration Partnership program established under
subsection (b)(1).
(4) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(5) Wildland-urban interface.--The term ``wildland-urban
interface'' has the meaning given the term in section 101 of the
Healthy Forests Restoration Act of 2003 (16 U.S.C. 6511).
(b) Establishment.--
(1) In general.--The Secretary shall establish a Joint
Chiefs Landscape Restoration Partnership program to improve the
health and resilience of forest landscapes across National
Forest System land and State, Tribal, and private land.
(2) <<NOTE: Coordination.>> Administration.--The Secretary
shall administer the Program by coordinating eligible activities
conducted on National Forest System land and State, Tribal, or
private land across a forest landscape to improve the health and
resilience of the forest landscape by--
(A) assisting producers and landowners in
implementing eligible activities on eligible private or
Tribal land using the applicable programs and
authorities administered by the Chief of the Natural
Resources Conservation Service under title XII of the
Food Security Act of 1985 (16 U.S.C. 3801 et seq.), not
including the conservation reserve program established
under subchapter B of chapter 1 of subtitle D of that
title (16 U.S.C. 3831 et seq.); and
(B) conducting eligible activities on National
Forest System land or assisting landowners in
implementing eligible activities on State, Tribal, or
private land using the applicable programs and
authorities administered by the Chief of the Forest
Service.
[[Page 135 STAT. 1115]]
(c) Selection of Eligible Activities.--The appropriate Regional
Forester and State Conservationist shall jointly submit to the Chiefs on
an annual basis proposals for eligible activities under the Program.
(d) Evaluation Criteria.--In evaluating and selecting proposals
submitted under subsection (c), the Chiefs shall consider--
(1) criteria including whether the proposal--
(A) reduces wildfire risk in a municipal watershed
or the wildland-urban interface;
(B) was developed through a collaborative process
with participation from diverse stakeholders;
(C) increases forest workforce capacity or forest
business infrastructure and development;
(D) leverages existing authorities and non-Federal
funding;
(E) provides measurable outcomes; or
(F) supports established State and regional
priorities; and
(2) such other criteria relating to the merits of the
proposals as the Chiefs determine to be appropriate.
(e) Outreach.--The Secretary shall provide--
(1) <<NOTE: Public information. Web posting.>> public notice
on the websites of the Forest Service and the Natural Resources
Conservation Service describing--
(A) <<NOTE: Proposals.>> the solicitation of
proposals under subsection (c); and
(B) <<NOTE: Criteria.>> the criteria for selecting
proposals in accordance with subsection (d); and
(2) information relating to the Program and activities
funded under the Program to States, Indian Tribes, units of
local government, and private landowners.
(f) Exclusions.--An eligible activity may not be carried out under
the Program--
(1) in a wilderness area or designated wilderness study
area;
(2) in an inventoried roadless area;
(3) on any Federal land on which, by Act of Congress or
Presidential proclamation, the removal of vegetation is
restricted or prohibited; or
(4) in an area in which the eligible activity would be
inconsistent with the applicable land and resource management
plan.
(g) Accountability.--
(1) <<NOTE: Recommenda- tions.>> Initial report.--Not later
than 1 year after the date of enactment of this Act, the
Secretary shall submit to Congress a report providing
recommendations to Congress relating to the Program, including a
review of--
(A) funding mechanisms for the Program;
(B) staff capacity to carry out the Program;
(C) privacy laws applicable to the Program;
(D) data collection under the Program;
(E) monitoring and outcomes under the Program; and
(F) such other matters as the Secretary considers to
be appropriate.
(2) Additional reports.--For each of fiscal years 2022 and
2023, the Chiefs shall submit to the Committee on Agriculture,
Nutrition, and Forestry and the Committee on Appropriations of
the Senate and the Committee on Agriculture and
[[Page 135 STAT. 1116]]
the Committee on Appropriations of the House of Representatives
a report describing projects for which funding is provided under
the Program, including the status and outcomes of those
projects.
(h) Funding.--
(1) <<NOTE: Time period.>> Authorization of
appropriations.--There is authorized to be appropriated to the
Secretary to carry out the Program $90,000,000 for each of
fiscal years 2022 and 2023.
(2) Additional funds.--In addition to the funds described in
paragraph (1), the Secretary may obligate available funds from
accounts used to carry out the existing Joint Chiefs' Landscape
Restoration Partnership prior to the date of enactment of this
Act to carry out the Program.
(3) Duration of availability.--Funds made available under
paragraph (1) shall remain available until expended.
(4) Distribution of funds.--Of the funds made available
under paragraph (1)--
(A) not less than 40 percent shall be allocated to
carry out eligible activities through the Natural
Resources Conservation Service;
(B) not less than 40 percent shall be allocated to
carry out eligible activities through the Forest
Service; and
(C) the remaining funds shall be allocated by the
Chiefs to the Natural Resources Conservation Service or
the Forest Service--
(i) to carry out eligible activities; or
(ii) for other purposes, such as technical
assistance, project development, or local capacity
building.
TITLE IX--WESTERN WATER INFRASTRUCTURE
SEC. 40901. <<NOTE: Time period. 43 USC 3201.>> AUTHORIZATIONS OF
APPROPRIATIONS.
There are authorized to be appropriated to the Secretary of the
Interior, acting through the Commissioner of Reclamation (referred to in
this title as the ``Secretary''), for the period of fiscal years 2022
through 2026--
(1) $1,150,000,000 for water storage, groundwater storage,
and conveyance projects in accordance with section 40902, of
which $100,000,000 shall be made available to provide grants to
plan and construct small surface water and groundwater storage
projects in accordance with section 40903;
(2) $3,200,000,000 for the Aging Infrastructure Account
established by subsection (d)(1) of section 9603 of the Omnibus
Public Land Management Act of 2009 (43 U.S.C. 510b), to be made
available for activities in accordance with that subsection,
including major rehabilitation and replacement activities, as
identified in the Asset Management Report of the Bureau of
Reclamation dated April 2021, of which--
(A) $100,000,000 shall be made available for Bureau
of Reclamation reserved or transferred works that have
suffered a critical failure, in accordance with section
40904(a); and
(B) $100,000,000 shall be made available for the
rehabilitation, reconstruction, or replacement of a dam
in accordance with section 40904(b);
[[Page 135 STAT. 1117]]
(3) $1,000,000,000 for rural water projects that have been
authorized by an Act of Congress before July 1, 2021, in
accordance with the Reclamation Rural Water Supply Act of 2006
(43 U.S.C. 2401 et seq.);
(4) $1,000,000,000 for water recycling and reuse projects,
of which--
(A) $550,000,000 shall be made available for water
recycling and reuse projects authorized in accordance
with the Reclamation Wastewater and Groundwater Study
and Facilities Act (43 U.S.C. 390h et seq.) that are--
(i) authorized or approved for construction
funding by an Act of Congress before the date of
enactment of this Act; or
(ii) selected for funding under the
competitive grant program authorized pursuant to
section 1602(f) of the Reclamation Wastewater and
Groundwater Study and Facilities Act (43 U.S.C.
390h(f)), with funding under this subparagraph to
be provided in accordance with that section,
notwithstanding section 4013 of the Water
Infrastructure Improvements for the Nation Act (43
U.S.C. 390b note; Public Law 114-322), except that
section 1602(g)(2) of the Reclamation Wastewater
and Groundwater Study and Facilities Act (43
U.S.C. 390h(g)(2)) shall not apply to amounts made
available under this subparagraph; and
(B) $450,000,000 shall be made available for large-
scale water recycling and reuse projects in accordance
with section 40905;
(5) $250,000,000 for water desalination projects and studies
authorized in accordance with the Water Desalination Act of 1996
(42 U.S.C. 10301 note; Public Law 104-298) that are--
(A) authorized or approved for construction funding
by an Act of Congress before July 1, 2021; or
(B) selected for funding under the program
authorized pursuant to section 4(a) of the Water
Desalination Act of 1996 (42 U.S.C. 10301 note; Public
Law 104-298), with funding to be made available under
this paragraph in accordance with that subsection,
notwithstanding section 4013 of the Water Infrastructure
Improvements for the Nation Act (43 U.S.C. 390b note;
Public Law 114-322), except that paragraph (2)(F) of
section 4(a) of the Water Desalination Act of 1996 (42
U.S.C. 10301 note; Public Law 104-298) (as redesignated
by section 40908) shall not apply to amounts made
available under this paragraph;
(6) $500,000,000 for the safety of dams program, in
accordance with the Reclamation Safety of Dams Act of 1978 (43
U.S.C. 506 et seq.);
(7) $400,000,000 for WaterSMART grants in accordance with
section 9504 of the Omnibus Public Land Management Act of 2009
(42 U.S.C. 10364), of which $100,000,000 shall be made available
for projects that would improve the condition of a natural
feature or nature-based feature (as those terms are defined in
section 9502 of the Omnibus Public Land Management Act of 2009
(42 U.S.C. 10362));
(8) subject to section 40906, $300,000,000 for implementing
the Colorado River Basin Drought Contingency Plan, consistent
with the obligations of the Secretary under the Colorado River
[[Page 135 STAT. 1118]]
Drought Contingency Plan Authorization Act (Public Law 116-14;
133 Stat. 850) and related agreements, of which $50,000,000
shall be made available for use in accordance with the Drought
Contingency Plan for the Upper Colorado River Basin;
(9) $100,000,000 to provide financial assistance for
watershed management projects in accordance with subtitle A of
title VI of the Omnibus Public Land Management Act of 2009 (16
U.S.C. 1015 et seq.);
(10) $250,000,000 for design, study, and construction of
aquatic ecosystem restoration and protection projects in
accordance with section 1109 of division FF of the Consolidated
Appropriations Act, 2021 (Public Law 116-260);
(11) $100,000,000 for multi-benefit projects to improve
watershed health in accordance with section 40907; and
(12) $50,000,000 for endangered species recovery and
conservation programs in the Colorado River Basin in accordance
with--
(A) Public Law 106-392 (114 Stat. 1602);
(B) the Grand Canyon Protection Act of 1992 (Public
Law 102-575; 106 Stat. 4669); and
(C) subtitle E of title IX of the Omnibus Public
Land Management Act of 2009 (Public Law 111-11; 123
Stat. 1327).
SEC. 40902. <<NOTE: 43 USC 3202.>> WATER STORAGE, GROUNDWATER
STORAGE, AND CONVEYANCE PROJECTS.
(a) Eligibility for Funding.--
(1) Feasibility studies.--
(A) In general.--A feasibility study shall only be
eligible for funding under section 40901(1) if--
(i) the feasibility study has been authorized
by an Act of Congress before the date of enactment
of this Act;
(ii) Congress has approved funding for the
feasibility study in accordance with section 4007
of the Water Infrastructure Improvements for the
Nation Act (43 U.S.C. 390b note; Public Law 114-
322) before the date of enactment of this Act; or
(iii) the feasibility study is authorized
under subparagraph (B).
(B) Feasibility study authorizations.--The Secretary
may carry out feasibility studies for the following
projects:
(i) <<NOTE: Arizona.>> The Verde Reservoirs
Sediment Mitigation Project in the State of
Arizona.
(ii) <<NOTE: Oregon.>> The Tualatin River
Basin Project in the State of Oregon.
(2) Construction.--A project shall only be eligible for
construction funding under section 40901(1) if--
(A) an Act of Congress enacted before the date of
enactment of this Act authorizes construction of the
project;
(B) Congress has approved funding for construction
of the project in accordance with section 4007 of the
Water Infrastructure Improvements for the Nation Act (43
U.S.C. 390b note; Public Law 114-322) before the date of
enactment of this Act, except for any project for
which--
[[Page 135 STAT. 1119]]
(i) <<NOTE: Time period.>> Congress did not
approve the recommendation of the Secretary for
funding under subsection (h)(2) of that section
for at least 1 fiscal year before the date of
enactment of this Act; or
(ii) State funding for the project was
rescinded by the State before the date of
enactment of this Act; or
(C)(i) Congress has authorized or approved funding
for a feasibility study for the project in accordance
with clause (i) or (ii) of paragraph (1)(A) (except that
projects described in clauses (i) and (ii) of
subparagraph (B) shall not be eligible); and
(ii) on completion of the feasibility study for the
project, the Secretary--
(I) finds the project to be technically and
financially feasible in accordance with the
reclamation laws;
(II) determines that sufficient non-Federal
funding is available for the non-Federal cost
share of the project; and
(III)(aa) finds the project to be in the
public interest; and
(bb) <<NOTE: Recommenda- tion.>> recommends
the project for construction.
(b) Cost-sharing Requirement.--
(1) In general.--The Federal share--
(A) <<NOTE: Determination.>> for a project
authorized by an Act of Congress shall be determined in
accordance with that Act;
(B) for a project approved by Congress in accordance
with section 4007 of the Water Infrastructure
Improvements for the Nation Act (43 U.S.C. 390b note;
Public Law 114-322) (including construction resulting
from a feasibility study authorized under that Act)
shall be as provided in that Act; and
(C) for a project not described in subparagraph (A)
or (B)--
(i) in the case of a federally owned project,
shall not exceed 50 percent of the total cost of
the project; and
(ii) in the case of a non-Federal project,
shall not exceed 25 percent of the total cost of
the project.
(2) <<NOTE: Determination.>> Federal benefits.--Before
funding a project under this section, the Secretary shall
determine that, in return for the Federal investment in the
project, at least a proportionate share of the benefits are
Federal benefits.
(3) Reimbursability.--The reimbursability of Federal funding
of projects under this section shall be in accordance with the
reclamation laws.
(c) <<NOTE: Compliance.>> Environmental Laws.--In providing funding
for a project under this section, the Secretary shall comply with all
applicable environmental laws, including the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.).
SEC. 40903. <<NOTE: 43 USC 3203.>> SMALL WATER STORAGE AND
GROUNDWATER STORAGE PROJECTS.
(a) Establishment of a Competitive Grant Program for Small Water
Storage and Groundwater Storage Projects.--The
Secretary <<NOTE: Alaska. Hawaii. Determination.>> shall establish a
competitive grant program, under
[[Page 135 STAT. 1120]]
which the non-Federal project sponsor of any project in a Reclamation
State, including the State of Alaska or Hawaii, determined by the
Secretary to be feasible under subsection (b)(2)(B) shall be eligible to
apply for funding for the planning, design, and construction of the
project.
(b) Eligibility and Selection.--
(1) Submission to the secretary.--
(A) <<NOTE: Study.>> In general.--A non-Federal
project sponsor described in subsection (a) may submit
to the Secretary a proposal for a project eligible to
receive a grant under this section in the form of a
completed feasibility study.
(B) Eligible projects.--A project shall be
considered eligible for consideration for a grant under
this section if the project--
(i) has water storage capacity of not less
than 2,000 acre-feet and not more than 30,000
acre-feet; and
(ii)(I) increases surface water or groundwater
storage; or
(II) conveys water, directly or indirectly, to
or from surface water or groundwater storage.
(C) <<NOTE: Deadline.>> Guidelines.--Not later than
60 days after the date of enactment of this Act, the
Secretary shall issue guidelines for feasibility studies
for small storage projects to provide sufficient
information for the formulation of the studies.
(2) <<NOTE: Determinations.>> Review by the secretary.--The
Secretary shall review each feasibility study received under
paragraph (1)(A) for the purpose of determining whether--
(A) the feasibility study, and the process under
which the study was developed, each comply with Federal
laws (including regulations) applicable to feasibility
studies of small storage projects;
(B) the project is technically and financially
feasible, in accordance with--
(i) the guidelines developed under paragraph
(1)(C); and
(ii) the reclamation laws; and
(C) the project provides a Federal benefit, as
determined by the Secretary.
(3) <<NOTE: Reports.>> Submission to congress.--Not later
than 180 days after the date of receipt of a feasibility study
received under paragraph (1)(A), the Secretary shall submit to
the Committee on Energy and Natural Resources of the Senate and
the Committee on Natural Resources of the House of
Representatives a report that describes--
(A) <<NOTE: Determination.>> the results of the
review of the study by the Secretary under paragraph
(2), including a determination of whether the project is
feasible and provides a Federal benefit;
(B) <<NOTE: Recommenda- tions.>> any
recommendations that the Secretary may have concerning
the plan or design of the project; and
(C) any conditions the Secretary may require for
construction of the project.
(4) Eligibility for funding.--
(A) <<NOTE: Determination.>> In general.--The non-
Federal project sponsor of any project determined by the
Secretary to be feasible
[[Page 135 STAT. 1121]]
under paragraph (3)(A) shall be eligible to apply to the
Secretary for a grant to cover the Federal share of the
costs of planning, designing, and constructing the
project pursuant to subsection (c).
(B) <<NOTE: Determination.>> Required
determination.--Prior to awarding grants to a small
storage project, the Secretary shall determine whether
there is sufficient non-Federal funding available to
complete the project.
(5) <<NOTE: Criteria.>> Priority.--In awarding grants to
projects under this section, the Secretary shall give priority
to projects that meet 1 or more of the following criteria:
(A) Projects that are likely to provide a more
reliable water supply for States, Indian Tribes, and
local governments, including subdivisions of those
entities.
(B) Projects that are likely to increase water
management flexibility and reduce impacts on
environmental resources from projects operated by
Federal and State agencies.
(C) Projects that are regional in nature.
(D) Projects with multiple stakeholders.
(E) Projects that provide multiple benefits,
including water supply reliability, ecosystem benefits,
groundwater management and enhancements, and water
quality improvements.
(c) Ceiling on Federal Share.--The Federal share of the costs of
each of the individual projects selected under this section shall not
exceed the lesser of--
(1) 25 percent of the total project cost; or
(2) $30,000,000.
(d) <<NOTE: Compliance.>> Environmental Laws.--In providing funding
for a grant for a project under this section, the Secretary shall comply
with all applicable environmental laws, including the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(e) Termination of Authority.--The authority to carry out this
section terminates on the date that is 5 years after the date of
enactment of this Act.
SEC. 40904. <<NOTE: 43 USC 3204.>> CRITICAL MAINTENANCE AND
REPAIR.
(a) Critical Failure at a Reserved or Transferred Work.--
(1) In general.--A reserved or transferred work shall only
be eligible for funding under section 40901(2)(A) if--
(A) <<NOTE: Effective date.>> construction of the
reserved or transferred work began on or before January
1, 1915; and
(B) <<NOTE: Time period.>> a unit of the reserved
or transferred work suffered a critical failure in
Bureau of Reclamation infrastructure during the 2-year
period ending on the date of enactment of this Act that
resulted in the failure to deliver water to project
beneficiaries.
(2) Use of funds.--Rehabilitation, repair, and replacement
activities for a transferred or reserved work using amounts made
available under section 40901(2)(A) may be used for the entire
transferred or reserved work, regardless of whether the critical
failure was limited to a single project of the overall work.
(3) Nonreimbursable funds.--Notwithstanding section 9603(b)
of the Omnibus Public Land Management Act of 2009 (43 U.S.C.
510b(b)), amounts made available to a reserved
[[Page 135 STAT. 1122]]
or transferred work under section 40901(2)(A) shall be
nonreimbursable to the United States.
(b) Carey Act Projects.--The Secretary shall use amounts made
available under section 40901(2)(B) to fund the rehabilitation,
reconstruction, or replacement of a dam--
(1) <<NOTE: Effective date.>> the construction of which
began on or after January 1, 1905;
(2) that was developed pursuant to section 4 of the Act of
August 18, 1894 (commonly known as the ``Carey Act'') (43 U.S.C.
641; 28 Stat. 422, chapter 301);
(3) <<NOTE: Determination.>> that the Governor of the State
in which the dam is located has--
(A) determined the dam has reached its useful life;
(B) determined the dam poses significant health and
safety concerns; and
(C) requested Federal support; and
(4) for which the estimated rehabilitation, reconstruction,
or replacement, engineering, and permitting costs would exceed
$50,000,000.
SEC. 40905. <<NOTE: 43 USC 3205.>> COMPETITIVE GRANT PROGRAM FOR
LARGE-SCALE WATER RECYCLING AND REUSE
PROGRAM.
(a) Definitions.--In this section:
(1) Eligible entity.--The term ``eligible entity'' means--
(A) a State, Indian Tribe, municipality, irrigation
district, water district, wastewater district, or other
organization with water or power delivery authority;
(B) a State, regional, or local authority, the
members of which include 1 or more organizations with
water or power delivery authority; or
(C) an agency established under State law for the
joint exercise of powers or a combination of entities
described in subparagraphs (A) and (B).
(2) Eligible project.--The term ``eligible project'' means a
project described in subsection (c).
(3) Program.--The term ``program'' means the grant program
established under subsection (b).
(4) Reclamation state.--The term ``Reclamation State'' means
a State or territory described in the first section of the Act
of June 17, 1902 (43 U.S.C. 391; 32 Stat. 388, chapter 1093).
(b) Establishment.--The Secretary shall establish a program to
provide grants to eligible entities on a competitive basis for the
planning, design, and construction of large-scale water recycling and
reuse projects that provide substantial water supply and other benefits
to the Reclamation States in accordance with this section.
(c) Eligible Project.--A project shall be eligible for a grant under
this section if the project--
(1) reclaims and reuses--
(A) municipal, industrial, domestic, or agricultural
wastewater; or
(B) impaired groundwater or surface water;
(2) has a total estimated cost of $500,000,000 or more;
(3) is located in a Reclamation State;
(4) is constructed, operated, and maintained by an eligible
entity; and
[[Page 135 STAT. 1123]]
(5) provides a Federal benefit in accordance with the
reclamation laws.
(d) <<NOTE: Determinations.>> Project Evaluation.--The Secretary
may provide a grant to an eligible project under the program if--
(1) <<NOTE: Study.>> the eligible entity determines through
the preparation of a feasibility study or equivalent study, and
the Secretary concurs, that the eligible project--
(A) is technically and financially feasible;
(B) provides a Federal benefit in accordance with
the reclamation laws; and
(C) is consistent with applicable Federal and State
laws;
(2) the eligible entity has sufficient non-Federal funding
available to complete the eligible project, as determined by the
Secretary;
(3) the eligible entity is financially solvent, as
determined by the Secretary; and
(4) <<NOTE: Deadline.>> not later than 30 days after the
date on which the Secretary concurs with the determinations
under paragraph (1) with respect to the eligible project, the
Secretary submits to Congress written notice of the
determinations.
(e) Priority.--In providing grants to eligible projects under the
program, the Secretary shall give priority to eligible projects that
meet 1 or more of the following criteria:
(1) The eligible project provides multiple benefits,
including--
(A) water supply reliability benefits for drought-
stricken States and communities;
(B) fish and wildlife benefits; and
(C) water quality improvements.
(2) The eligible project is likely to reduce impacts on
environmental resources from water projects owned or operated by
Federal and State agencies, including through measurable
reductions in water diversions from imperiled ecosystems.
(3) The eligible project would advance water management
plans across a multi-State area, such as drought contingency
plans in the Colorado River Basin.
(4) The eligible project is regional in nature.
(5) The eligible project is collaboratively developed or
supported by multiple stakeholders.
(f) Federal Assistance.--
(1) Federal cost share.--The Federal share of the cost of
any project provided a grant under the program shall not exceed
25 percent of the total cost of the eligible project.
(2) Total dollar cap.--The Secretary shall not impose a
total dollar cap on Federal contributions for all eligible
individual projects provided a grant under the program.
(3) Nonreimbursable funds.--Any funds provided by the
Secretary to an eligible entity under the program shall be
considered nonreimbursable.
(4) Funding eligibility.--An eligible project shall not be
considered ineligible for assistance under the program because
the eligible project has received assistance under--
(A) the Reclamation Wastewater and Groundwater Study
and Facilities Act (43 U.S.C. 390h et seq.);
[[Page 135 STAT. 1124]]
(B) section 4(a) of the Water Desalination Act of
1996 (42 U.S.C. 10301 note; Public Law 104-298) for
eligible desalination projects; or
(C) section 1602(e) of the Reclamation Wastewater
and Groundwater Study and Facilities Act (43 U.S.C.
390h(e)).
(g) <<NOTE: Compliance.>> Environmental Laws.--In providing a grant
for an eligible project under the program, the Secretary shall comply
with all applicable environmental laws, including the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(h) <<NOTE: Deadline.>> Guidance.--Not later than 1 year after the
date of enactment of this Act, the Secretary shall issue guidance on the
implementation of the program, including guidelines for the preparation
of feasibility studies or equivalent studies by eligible entities.
(i) Reports.--
(1) <<NOTE: Web posting.>> Annual report.--At the end of
each fiscal year, the Secretary shall make available on the
website of the Department of the Interior an annual report that
lists each eligible project for which a grant has been awarded
under this section during the fiscal year.
(2) Comptroller general.--
(A) Assessment.--The Comptroller General of the
United States shall conduct an assessment of the
administrative establishment, solicitation, selection,
and justification process with respect to the funding of
grants under this section.
(B) Report.--Not later than 1 year after the date of
the initial award of grants under this section, the
Comptroller General shall submit to the Committee on
Energy and Natural Resources of the Senate and the
Committee on Natural Resources of the House of
Representatives a report that describes--
(i) the adequacy and effectiveness of the
process by which each eligible project was
selected, if applicable; and
(ii) the justification and criteria used for
the selection of each eligible project, if
applicable.
(j) Treatment of Conveyance.--The Secretary shall consider the
planning, design, and construction of a conveyance system for an
eligible project to be eligible for grant funding under the program.
(k) Termination of Authority.--The authority to carry out this
section terminates on the date that is 5 years after the date of
enactment of this Act.
SEC. 40906. <<NOTE: 43 USC 3206.>> DROUGHT CONTINGENCY PLAN
FUNDING REQUIREMENTS.
(a) In General.--Funds made available under section 40901(8) for use
in the Lower Colorado River Basin may be used for projects--
(1) to establish or conserve recurring Colorado River water
that contributes to supplies in Lake Mead and other Colorado
River water reservoirs in the Lower Colorado River Basin; or
(2) to improve the long-term efficiency of operations in the
Lower Colorado River Basin.
[[Page 135 STAT. 1125]]
(b) Limitation.--None of the funds made available under section
40901(8) may be used for the operation of the Yuma Desalting Plant.
(c) Effect.--Nothing in section 40901(8) limits existing or future
opportunities to augment the water supplies of the Colorado River.
SEC. 40907. <<NOTE: 43 USC 3207.>> MULTI-BENEFIT PROJECTS TO
IMPROVE WATERSHED HEALTH.
(a) Definition of Eligible Applicant.--In this section, the term
``eligible applicant'' means--
(1) a State;
(2) a Tribal or local government;
(3) an organization with power or water delivery authority;
(4) a regional authority; or
(5) a nonprofit conservation organization.
(b) <<NOTE: Deadline. Consultation.>> Establishment of Competitive
Grant Program.--Not later than 1 year after the date of enactment of
this Act, the Secretary, in consultation with the heads of relevant
agencies, shall establish a competitive grant program under which the
Secretary shall award grants to eligible applicants for the design,
implementation, and monitoring of conservation outcomes of habitat
restoration projects that improve watershed health in a river basin that
is adversely impacted by a Bureau of Reclamation water project by
accomplishing 1 or more of the following:
(1) Ecosystem benefits.
(2) Restoration of native species.
(3) Mitigation against the impacts of climate change to fish
and wildlife habitats.
(4) Protection against invasive species.
(5) Restoration of aspects of the natural ecosystem.
(6) Enhancement of commercial, recreational, subsistence, or
Tribal ceremonial fishing.
(7) Enhancement of river-based recreation.
(c) Requirements.--
(1) In general.--In awarding a grant to an eligible
applicant under subsection (b), the Secretary--
(A) shall give priority to an eligible applicant
that would carry out a habitat restoration project that
achieves more than 1 of the benefits described in that
subsection; and
(B) may not provide a grant to carry out a habitat
restoration project the purpose of which is to meet
existing environmental mitigation or compliance
obligations under Federal or State law.
(2) Compliance.--A habitat restoration project awarded a
grant under subsection (b) shall comply with all applicable
Federal and State laws.
(d) Cost-sharing Requirement.--The Federal share of the cost of any
habitat restoration project that is awarded a grant under subsection
(b)--
(1) shall not exceed 50 percent of the cost of the habitat
restoration project; or
(2) in the case of a habitat restoration project that
provides benefits to ecological or recreational values in which
the nonconsumptive water conservation benefit or habitat
restoration benefit accounts for at least 75 percent of the cost
of the
[[Page 135 STAT. 1126]]
habitat restoration project, as determined by the Secretary,
shall not exceed 75 percent of the cost of the habitat
restoration project.
SEC. 40908. ELIGIBLE DESALINATION PROJECTS.
Section 4(a) of the Water Desalination Act of 1996 (42 U.S.C. 10301
note; Public Law 104-298) is amended by redesignating the second
paragraph (1) (relating to eligible desalination projects) as paragraph
(2).
SEC. 40909. CLARIFICATION OF AUTHORITY TO USE CORONAVIRUS FISCAL
RECOVERY FUNDS TO MEET A NON-FEDERAL
MATCHING REQUIREMENT FOR AUTHORIZED
BUREAU OF RECLAMATION WATER PROJECTS.
(a) Coronavirus State Fiscal Recovery Fund.--Section 602(c) of the
Social Security Act (42 U.S.C. 802(c)) is amended by adding at the end
the following:
``(4) Use of funds to satisfy non-federal matching
requirements for authorized bureau of reclamation water
projects.--Funds provided under this section for an authorized
Bureau of Reclamation project may be used for purposes of
satisfying any non-Federal matching requirement required for the
project.''.
(b) Coronavirus Local Fiscal Recovery Fund.--Section 603(c) of the
Social Security Act (42 U.S.C. 803(c)) is amended by adding at the end
the following:
``(5) Use of funds to satisfy non-federal matching,
maintenance of effort, or other expenditure requirement.--Funds
provided under this section for an authorized Bureau of
Reclamation project may be used for purposes of satisfying any
non-Federal matching requirement required for the project.''.
(c) <<NOTE: 42 USC 802 note.>> Effective Date.--The amendments made
by this section shall take effect as if included in the enactment of
section 9901 of the American Rescue Plan Act of 2021 (Public Law 117-2;
135 Stat. 223).
SEC. 40910. <<NOTE: 43 USC 3208.>> FEDERAL ASSISTANCE FOR
GROUNDWATER RECHARGE, AQUIFER STORAGE,
AND WATER SOURCE SUBSTITUTION
PROJECTS.
(a) <<NOTE: Coordination.>> In General.--The Secretary, at the
request of and in coordination with affected Indian Tribes, States
(including subdivisions and departments of a State), or a public agency
organized pursuant to State law, may provide technical or financial
assistance for, participate in, and enter into agreements (including
agreements with irrigation entities) for--
(1) groundwater recharge projects;
(2) aquifer storage and recovery projects; or
(3) water source substitution for aquifer protection
projects.
(b) Limitation.--Nothing in this section authorizes additional
technical or financial assistance for, or participation in an agreement
for, a surface water storage facility to be constructed or expanded.
(c) Requirement.--A construction project shall only be eligible for
financial assistance under this section if the project meets the
conditions for funding under section 40902(a)(2)(C)(ii).
(d) Cost Sharing.--Cost sharing for a project funded under this
section shall be in accordance with section 40902(b).
[[Page 135 STAT. 1127]]
(e) <<NOTE: Compliance.>> Environmental Laws.--In providing funding
for a project under this section, the Secretary shall comply with all
applicable environmental laws, including --
(1) the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.);
(2) any obligations for fish, wildlife, or water quality
protection in permits or licenses granted by a Federal agency or
a State; and
(3) any applicable Federal or State laws (including
regulations).
(f) Authorization by Congress for Major Project Construction.--A
project with a total estimated cost of $500,000,000 or more shall only
be eligible for construction funding under this section if the project
is authorized for construction by an Act of Congress.
TITLE <<NOTE: Time periods.>> X--AUTHORIZATION OF APPROPRIATIONS FOR
ENERGY ACT OF 2020
SEC. 41001. ENERGY STORAGE DEMONSTRATION PROJECTS.
(a) Energy Storage Demonstration Projects; Pilot Grant Program.--
There is authorized to be appropriated to the Secretary to carry out
activities under section 3201(c) of the Energy Act of 2020 (42 U.S.C.
17232(c)) $355,000,000 for the period of fiscal years 2022 through 2025.
(b) Long-duration Demonstration Initiative and Joint Program.--There
is authorized to be appropriated to the Secretary to carry out
activities under section 3201(d) of the Energy Act of 2020 (42 U.S.C.
17232(d)) $150,000,000 for the period of fiscal years 2022 through 2025.
SEC. 41002. ADVANCED REACTOR DEMONSTRATION PROGRAM.
(a) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary to carry out activities under section 959A
of the Energy Policy Act of 2005 (42 U.S.C. 16279a) pursuant to the
funding opportunity announcement of the Department numbered DE-FOA-
0002271 for Pathway 1, Advanced Reactor Demonstrations--
(1) $511,000,000 for fiscal year 2022;
(2) $506,000,000 for fiscal year 2023;
(3) $636,000,000 for fiscal year 2024;
(4) $824,000,000 for fiscal year 2025;
(5) $453,000,000 for fiscal year 2026; and
(6) $281,000,000 for fiscal year 2027.
(b) Technical Corrections.--
(1) Definition of advanced nuclear reactor.--Section
951(b)(1) of the Energy Policy Act of 2005 (42 U.S.C.
16271(b)(1)) is amended--
(A) in subparagraph (A)(xi), by striking ``; and''
and inserting a semicolon;
(B) in subparagraph (B), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following:
``(C) a radioisotope power system that utilizes heat
from radioactive decay to generate energy.''.
[[Page 135 STAT. 1128]]
(2) Nuclear energy university program funding.--Section
954(a)(6) of the Energy Policy Act of 2005 (42 U.S.C.
16274(a)(6)) is amended by inserting ``, excluding funds
appropriated for the Advanced Reactor Demonstration Program of
the Department,'' after ``annually''.
SEC. 41003. MINERAL SECURITY PROJECTS.
(a) National Geological and Geophysical Data Preservation Program.--
There are authorized to be appropriated to the Secretary of the Interior
to carry out activities under section 351 of the Energy Policy Act of
2005 (42 U.S.C. 15908)--
(1) $8,668,000 for fiscal year 2022; and
(2) $5,000,000 for each of fiscal years 2023 through 2025.
(b) Rare Earth Mineral Security.--There are authorized to be
appropriated to the Secretary to carry out activities under section
7001(a) of the Energy Act of 2020 (42 U.S.C. 13344(a))--
(1) $23,000,000 for fiscal year 2022;
(2) $24,200,000 for fiscal year 2023;
(3) $25,400,000 for fiscal year 2024;
(4) $26,600,000 for fiscal year 2025; and
(5) $27,800,000 for fiscal year 2026.
(c) Critical Material Innovation, Efficiency, and Alternatives.--
There are authorized to be appropriated to the Secretary to carry out
activities under section 7002(g) of the Energy Act of 2020 (30 U.S.C.
1606(g))--
(1) $230,000,000 for fiscal year 2022;
(2) $100,000,000 for fiscal year 2023; and
(3) $135,000,000 for each of fiscal years 2024 and 2025.
(d) Critical Material Supply Chain Research Facility.--There are
authorized to be appropriated to the Secretary to carry out activities
under section 7002(h) of the Energy Act of 2020 (30 U.S.C. 1606(h))--
(1) $40,000,000 for fiscal year 2022; and
(2) $35,000,000 for fiscal year 2023.
SEC. 41004. CARBON CAPTURE DEMONSTRATION AND PILOT PROGRAMS.
(a) Carbon Capture Large-scale Pilot Projects.--There are authorized
to be appropriated to the Secretary to carry out activities under
section 962(b)(2)(B) of the Energy Policy Act of 2005 (42 U.S.C.
16292(b)(2)(B))--
(1) $387,000,000 for fiscal year 2022;
(2) $200,000,000 for fiscal year 2023;
(3) $200,000,000 for fiscal year 2024; and
(4) $150,000,000 for fiscal year 2025.
(b) Carbon Capture Demonstration Projects Program.--There are
authorized to be appropriated to the Secretary to carry out activities
under section 962(b)(2)(C) of the Energy Policy Act of 2005 (42 U.S.C.
16292(b)(2)(C))--
(1) $937,000,000 for fiscal year 2022;
(2) $500,000,000 for each of fiscal years 2023 and 2024; and
(3) $600,000,000 for fiscal year 2025.
SEC. 41005. DIRECT AIR CAPTURE TECHNOLOGIES PRIZE COMPETITIONS.
(a) Precommercial.--There is authorized to be appropriated to the
Secretary to carry out activities under section 969D(e)(2)(A)
[[Page 135 STAT. 1129]]
of the Energy Policy Act of 2005 (42 U.S.C. 16298d(e)(2)(A)) $15,000,000
for fiscal year 2022.
(b) Commercial.--There is authorized to be appropriated to the
Secretary to carry out activities under section 969D(e)(2)(B) of the
Energy Policy Act of 2005 (42 U.S.C. 16298d(e)(2)(B)) $100,000,000 for
fiscal year 2022.
SEC. 41006. WATER POWER PROJECTS.
(a) Hydropower and Marine Energy.--There are authorized to be
appropriated to the Secretary--
(1) to carry out activities under section 634 of the Energy
Independence and Security Act of 2007 (42 U.S.C. 17213),
$36,000,000 for the period of fiscal years 2022 through 2025;
and
(2) to carry out activities under section 635 of the Energy
Independence and Security Act of 2007 (42 U.S.C. 17214),
$70,400,000 for the period of fiscal years 2022 through 2025.
(b) National Marine Energy Centers.--There is authorized to be
appropriated to the Secretary to carry out activities under section 636
of the Energy Independence and Security Act of 2007 (42 U.S.C. 17215)
$40,000,000 for the period of fiscal years 2022 through 2025.
SEC. 41007. RENEWABLE ENERGY PROJECTS.
(a) Geothermal Energy.--There is authorized to be appropriated to
the Secretary to carry out activities under section 615(d) of the Energy
Independence and Security Act of 2007 (42 U.S.C. 17194(d)) $84,000,000
for the period of fiscal years 2022 through 2025.
(b) Wind Energy.--There are authorized to be appropriated to the
Secretary--
(1) to carry out activities under section 3003(b)(2) of the
Energy Act of 2020 (42 U.S.C. 16237(b)(2)), $60,000,000 for the
period of fiscal years 2022 through 2025; and
(2) to carry out activities under section 3003(b)(4) of the
Energy Act of 2020 (42 U.S.C. 16237(b)(4)), $40,000,000 for the
period of fiscal years 2022 through 2025.
(c) Solar Energy.--There are authorized to be appropriated to the
Secretary--
(1) to carry out activities under section 3004(b)(2) of the
Energy Act of 2020 (42 U.S.C. 16238(b)(2)), $40,000,000 for the
period of fiscal years 2022 through 2025;
(2) to carry out activities under section 3004(b)(3) of the
Energy Act of 2020 (42 U.S.C. 16238(b)(3)), $20,000,000 for the
period of fiscal years 2022 through 2025; and
(3) to carry out activities under section 3004(b)(4) of the
Energy Act of 2020 (42 U.S.C. 16238(b)(4)), $20,000,000 for the
period of fiscal years 2022 through 2025.
(d) Clarification.--Amounts authorized to be appropriated under
subsection (b) are authorized to be a part of, and not in addition to,
any amounts authorized to be appropriated by section 3003(b)(7) of the
Energy Act of 2020 (42 U.S.C. 16237(b)(7)).
SEC. 41008. INDUSTRIAL EMISSIONS DEMONSTRATION PROJECTS.
There are authorized to be appropriated to the Secretary to carry
out activities under section 454(d)(3) of the Energy Independence and
Security Act of 2007 (42 U.S.C. 17113(d)(3))--
[[Page 135 STAT. 1130]]
(1) $100,000,000 for each of fiscal years 2022 and 2023; and
(2) $150,000,000 for each of fiscal years 2024 and 2025.
TITLE XI--WAGE RATE REQUIREMENTS
SEC. 41101. <<NOTE: 42 USC 18851.>> WAGE RATE REQUIREMENTS.
(a) <<NOTE: Contracts. Determination.>> Davis-Bacon.--All laborers
and mechanics employed by contractors or subcontractors in the
performance of construction, alteration, or repair work on a project
assisted in whole or in part by funding made available under this
division or an amendment made by this division shall be paid wages at
rates not less than those prevailing on similar projects in the
locality, as determined by the Secretary of Labor in accordance with
subchapter IV of chapter 31 of title 40, United States Code (commonly
referred to as the ``Davis-Bacon Act'').
(b) Authority.--With respect to the labor standards specified in
subsection (a), the Secretary of Labor shall have the authority and
functions set forth in Reorganization Plan Numbered 14 of 1950 (64 Stat.
1267; 5 U.S.C. App.) and section 3145 of title 40, United States Code.
TITLE XII--MISCELLANEOUS
SEC. 41201. <<NOTE: 42 USC 18861.>> OFFICE OF CLEAN ENERGY
DEMONSTRATIONS.
(a) Definitions.--In this section:
(1) Covered project.--The term ``covered project'' means a
demonstration project of the Department that--
(A) receives or is eligible to receive funding from
the Secretary; and
(B) is authorized under--
(i) this division; or
(ii) the Energy Act of 2020 (Public Law 116-
260; 134 Stat. 1182).
(2) Program.--The term ``program'' means the program
established under subsection (b).
(b) <<NOTE: Coordination.>> Establishment.--The Secretary, in
coordination with the heads of relevant program offices of the
Department, shall establish a program to conduct project management and
oversight of covered projects, including by--
(1) <<NOTE: Evaluations.>> conducting evaluations of
proposals for covered projects before the selection of a covered
project for funding;
(2) conducting independent oversight of the execution of a
covered project after funding has been awarded for that covered
project; and
(3) ensuring a balanced portfolio of investments in covered
projects.
(c) Duties.--The Secretary shall appoint a head of the program who
shall, in coordination with the heads of relevant program offices of the
Department--
(1) evaluate proposals for covered projects, including
scope, technical specifications, maturity of design, funding
profile, estimated costs, proposed schedule, proposed technical
and financial milestones, and potential for commercial success
based on economic and policy projections;
[[Page 135 STAT. 1131]]
(2) develop independent cost estimates for a proposal for a
covered project, if appropriate;
(3) recommend to the head of a program office of the
Department, as appropriate, whether to fund a proposal for a
covered project;
(4) oversee the execution of covered projects that receive
funding from the Secretary, including reconciling estimated
costs as compared to actual costs;
(5) conduct reviews of ongoing covered projects, including--
(A) evaluating the progress of a covered project
based on the proposed schedule and technical and
financial milestones; and
(B) providing the evaluations under subparagraph (A)
to the Secretary; and
(6) assess the lessons learned in overseeing covered
projects and implement improvements in the process of evaluating
and overseeing covered projects.
(d) Employees.--To carry out the program, the Secretary may hire
appropriate personnel to perform the duties of the program.
(e) Coordination.--In carrying out the program, the head of the
program shall coordinate with--
(1) project management and acquisition management entities
with the Department, including the Office of Project Management;
and
(2) professional organizations in project management,
construction, cost estimation, and other relevant fields.
(f) Reports.--
(1) Report by secretary.--The Secretary shall include in
each updated technology transfer execution plan submitted under
subsection (h)(2) of section 1001 of the Energy Policy Act of
2005 (42 U.S.C. 16391) information on the implementation of and
progress made under the program, including, for the year covered
by the report--
(A) the covered projects under the purview of the
program; and
(B) <<NOTE: Review.>> the review of each covered
project carried out under subsection (c)(5).
(2) <<NOTE: Evaluation.>> Report by comptroller general.--
Not later than 3 years after the date of enactment of this Act,
the Comptroller General of the United States shall submit to the
Committee on Energy and Natural Resources of the Senate and the
Committee on Science, Space, and Technology of the House of
Representatives a report evaluating the operation of the
program, including--
(A) a description of the processes and procedures
used by the program to evaluate proposals of covered
projects and the oversight of covered projects; and
(B) <<NOTE: Recommenda- tions.>> any recommended
changes in the program, including changes to--
(i) the processes and procedures described in
subparagraph (A); and
(ii) the structure of the program, for the
purpose of better carrying out the program.
(g) Technical Amendment.--Section 1001 of the Energy Policy Act of
2005 (42 U.S.C. 16391) is amended by redesignating the second
subsections (f) (relating to planning and reporting) and
[[Page 135 STAT. 1132]]
(g) (relating to additional technology transfer programs) as subsections
(h) and (i), respectively.
SEC. 41202. EXTENSION OF SECURE RURAL SCHOOLS AND COMMUNITY SELF-
DETERMINATION ACT OF 2000.
(a) <<NOTE: Time periods.>> Definition of Full Funding Amount.--
Section 3(11) of the Secure Rural Schools and Community Self-
Determination Act of 2000 (16 U.S.C. 7102(11)) is amended by striking
subparagraphs (D) and (E) and inserting the following:
``(D) for fiscal year 2017, the amount that is equal
to 95 percent of the full funding amount for fiscal year
2015;
``(E) for each of fiscal years 2018 through 2020,
the amount that is equal to 95 percent of the full
funding amount for the preceding fiscal year; and
``(F) for fiscal year 2021 and each fiscal year
thereafter, the amount that is equal to the full funding
amount for fiscal year 2017.''.
(b) <<NOTE: Time periods.>> Secure Payments for States and Counties
Containing Federal Land.--
(1) Secure payments.--Section 101 of the Secure Rural
Schools and Community Self-Determination Act of 2000 (16 U.S.C.
7111) is amended, in subsections (a) and (b), by striking
``2015, 2017, 2018, 2019, and 2020'' each place it appears and
inserting ``2015 and 2017 through 2023''.
(2) Distribution of payments to eligible counties.--Section
103(d)(2) of the Secure Rural Schools and Community Self-
Determination Act of 2000 (16 U.S.C. 7113(d)(2)) is amended by
striking ``2020'' and inserting ``2023''.
(c) Pilot Program To Streamline Nomination of Members of Resource
Advisory Committees.--Section 205 of the Secure Rural Schools and
Community Self-Determination Act of 2000 (16 U.S.C. 7125) is amended by
striking subsection (g) and inserting the following:
``(g) Resource Advisory Committee Appointment Pilot Programs.--
``(1) Definitions.--In this subsection:
``(A) Applicable designee.--The term `applicable
designee' means the applicable regional forester.
``(B) National pilot program.--The term `national
pilot program' means the national pilot program
established under paragraph (4)(A).
``(C) Regional pilot program.--The term `regional
pilot program' means the regional pilot program
established under paragraph (3)(A).
``(2) Establishment of pilot programs.--In accordance with
paragraphs (3) and (4), the Secretary concerned shall carry out
2 pilot programs to appoint members of resource advisory
committees.
``(3) Regional pilot program.--
``(A) In general.--The Secretary concerned shall
carry out a regional pilot program to allow an
applicable designee to appoint members of resource
advisory committees.
``(B) <<NOTE: Applicability.>> Geographic
limitation.--The regional pilot program shall only apply
to resource advisory committees chartered in--
``(i) <<NOTE: Montana.>> the State of Montana;
and
[[Page 135 STAT. 1133]]
``(ii) <<NOTE: Arizona.>> the State of
Arizona.
``(C) Responsibilities of applicable designee.--
``(i) <<NOTE: Analysis.>> Review.--Before
appointing a member of a resource advisory
committee under the regional pilot program, an
applicable designee shall conduct the review and
analysis that would otherwise be conducted for an
appointment to a resource advisory committee if
the regional pilot program was not in effect,
including any review and analysis with respect to
civil rights and budgetary requirements.
``(ii) Savings clause.--Nothing in this
paragraph relieves an applicable designee from any
requirement developed by the Secretary concerned
for making an appointment to a resource advisory
committee that is in effect on December 20, 2018,
including any requirement for advertising a
vacancy.
``(4) National pilot program.--
``(A) <<NOTE: Nominations.>> In general.--The
Secretary concerned shall carry out a national pilot
program to allow the Chief of the Forest Service or the
Director of the Bureau of Land Management, as
applicable, to submit to the Secretary concerned
nominations of individuals for appointment as members of
resource advisory committees.
``(B) <<NOTE: Deadline.>> Appointment.--Under the
national pilot program, subject to subparagraph (C), not
later than 30 days after the date on which a nomination
is transmitted to the Secretary concerned under
subparagraph (A), the Secretary concerned shall--
``(i) appoint the nominee to the applicable
resource advisory committee; or
``(ii) reject the nomination.
``(C) Automatic appointment.--If the Secretary
concerned does not act on a nomination in accordance
with subparagraph (B) by the date described in that
subparagraph, the nominee shall be deemed appointed to
the applicable resource advisory committee.
``(D) <<NOTE: Applicability.>> Geographic
limitation.--The national pilot program shall apply to a
resource advisory committee chartered in any State other
than--
``(i) <<NOTE: Montana.>> the State of Montana;
or
``(ii) <<NOTE: Arizona.>> the State of
Arizona.
``(E) Savings clause.--Nothing in this paragraph
relieves the Secretary concerned from any requirement
relating to an appointment to a resource advisory
committee, including any requirement with respect to
civil rights or advertising a vacancy.
``(5) Termination of effectiveness.--The authority provided
under this subsection terminates on October 1, 2023.
``(6) Report to congress.--Not later 180 days after the date
described in paragraph (5), the Secretary concerned shall submit
to Congress a report that includes--
``(A) with respect to appointments made under the
regional pilot program compared to appointments made
under the national pilot program, a description of the
extent to which--
``(i) appointments were faster or slower; and
[[Page 135 STAT. 1134]]
``(ii) the requirements described in paragraph
(3)(C)(i) differ; and
``(B) <<NOTE: Recommenda- tion.>> a recommendation
with respect to whether Congress should terminate,
continue, modify, or expand the pilot programs.''.
(d) Extension of Authority To Conduct Special Projects on Federal
Land.--
(1) Existing advisory committees.--Section 205(a)(4) of the
Secure Rural Schools and Community Self-Determination Act of
2000 (16 U.S.C. 7125(a)(4)) is amended by striking ``December
20, 2021'' each place it appears and inserting ``December 20,
2023''.
(2) Extension of authority.--Section 208 of the Secure Rural
Schools and Community Self-Determination Act of 2000 (16 U.S.C.
7128) is amended--
(A) in subsection (a), by striking ``2022'' and
inserting ``2025''; and
(B) in subsection (b), by striking ``2023'' and
inserting ``2026''.
(e) Access to Broadband and Other Technology.--Section 302(a) of the
Secure Rural Schools and Community Self-Determination Act of 2000 (16
U.S.C. 7142(a)) is amended--
(1) in paragraph (3), by striking ``and'' at the end;
(2) in paragraph (4), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(5) to provide or expand access to--
``(A) broadband telecommunications services at local
schools; or
``(B) the technology and connectivity necessary for
students to use a digital learning tool at or outside of
a local school campus.''.
(f) Extension of Authority To Expend County Funds.--Section 304 of
the Secure Rural Schools and Community Self-Determination Act of 2000
(16 U.S.C. 7144) is amended--
(1) in subsection (a), by striking ``2022'' and inserting
``2025''; and
(2) in subsection (b), by striking ``2023'' and inserting
``2026''.
(g) Amounts Obligated but Unspent; Prohibition on Use of Funds.--
Title III of the Secure Rural Schools and Community Self-Determination
Act of 2000 (16 U.S.C. 7141 et seq.) is amended--
(1) by redesignating section 304 as section 305; and
(2) by inserting after section 303 the following:
``SEC. 304. <<NOTE: 16 USC 7143a.>> AMOUNTS OBLIGATED BUT
UNSPENT; PROHIBITION ON USE OF FUNDS.
``(a) Amounts Obligated but Unspent.--Any county funds that were
obligated by the applicable participating county before October 1, 2017,
but are unspent on October 1, 2020--
``(1) may, at the option of the participating county, be
deemed to have been reserved by the participating county on
October 1, 2020, for expenditure in accordance with this title;
and
``(2)(A) may be used by the participating county for any
authorized use under section 302(a); and
[[Page 135 STAT. 1135]]
``(B) <<NOTE: Determination.>> on a determination by the
participating county under subparagraph (A) to use the county
funds, shall be available for projects initiated after October
1, 2020, subject to section 305.
``(b) <<NOTE: Effective date. Lobbying.>> Prohibition on Use of
Funds.--Notwithstanding any other provision of law, effective beginning
on the date of enactment of the Infrastructure Investment and Jobs Act,
no county funds made available under this title may be used by any
participating county for any lobbying activity, regardless of the
purpose for which the funds are obligated on or before that date.''.
DIVISION E-- <<NOTE: Drinking Water and Wastewater Infrastructure Act of
2021.>> DRINKING WATER AND WASTEWATER INFRASTRUCTURE
SEC. 50001. <<NOTE: 33 USC 1251 note.>> SHORT TITLE.
This division may be cited as the ``Drinking Water and Wastewater
Infrastructure Act of 2021''.
SEC. 50002. <<NOTE: 42 USC 300j-18a note.>> DEFINITION OF
ADMINISTRATOR.
In this division, the term ``Administrator'' means the Administrator
of the Environmental Protection Agency.
TITLE I--DRINKING WATER
SEC. 50101. TECHNICAL ASSISTANCE AND GRANTS FOR EMERGENCIES
AFFECTING PUBLIC WATER SYSTEMS.
Section 1442 of the Safe Drinking Water Act (42 U.S.C. 300j-1) is
amended--
(1) in subsection (a), by adding at the end the following:
``(11) Compliance Evaluation.--
``(A) <<NOTE: Deadline.>> In general.--Not later than 1 year
after the date of enactment of this paragraph, the Administrator
shall--
``(i) evaluate, based on the compliance data found
in the Safe Drinking Water Information System of the
Administrator, the compliance of community water systems
and wastewater systems with environmental, health, and
safety requirements under this title, including water
quality sampling, testing, and reporting requirements;
and
``(ii) <<NOTE: Reports.>> submit to Congress a
report describing trends seen as a result of the
evaluation under clause (i), including trends that
demonstrate how the characteristics of community water
systems and wastewater systems correlate to trends in
compliance or noncompliance with the requirements
described in that clause.
``(B) <<NOTE: Determination.>> Requirement.--To the extent
practicable, in carrying out subparagraph (A), the Administrator
shall determine whether, in aggregate, community water systems
and wastewater systems maintain asset management plans.'';
(2) in subsection (b), in the first sentence--
(A) by inserting ``(including an emergency situation
resulting from a cybersecurity event)'' after
``emergency situation''; and
(B) by inserting ``, including a threat to public
health resulting from contaminants, such as, but not
limited to,
[[Page 135 STAT. 1136]]
heightened exposure to lead in drinking water'' after
``public health'';
(3) by striking subsection (d) and inserting the following:
``(d) <<NOTE: Time period.>> Authorization of Appropriations.--There
is authorized to be appropriated to carry out subsection (b) $35,000,000
for each of fiscal years 2022 through 2026.'';
(4) in subsection (e), by striking paragraph (5) and
inserting the following:
``(5) <<NOTE: Time period.>> Authorization of
appropriations.--There is authorized to be appropriated to the
Administrator to carry out this subsection $15,000,000 for each
of fiscal years 2022 through 2026.'';
(5) by redesignating subsection (f) as subsection (g); and
(6) by inserting after subsection (e) the following:
``(f) State-based Nonprofit Organizations.--
``(1) In general.--The Administrator may provide technical
assistance consistent with the authority provided under
subsection (e) to State-based nonprofit organizations that are
governed by community water systems.
``(2) <<NOTE: Consultation.>> Communication.--Each State-
based nonprofit organization that receives funding under
paragraph (1) shall, before using that funding to undertake
activities to carry out this subsection, consult with the State
in which the assistance is to be expended or otherwise made
available.''.
SEC. 50102. DRINKING WATER STATE REVOLVING LOAN FUNDS.
(a) <<NOTE: Time period.>> Drinking Water State Revolving Funds
Capitalization Grant Reauthorization.--Section 1452 of the Safe Drinking
Water Act (42 U.S.C. 300j-12) is amended--
(1) in subsection (a)(4)(A), by striking ``During fiscal
years 2019 through 2023, funds'' and inserting ``Funds'';
(2) in subsection (m)(1) --
(A) in subparagraph (B), by striking ``and'';
(B) in subparagraph (C), by striking the period at
the end and inserting a semicolon; and
(C) by adding at the end the following:
``(D) $2,400,000,000 for fiscal year 2022;
``(E) $2,750,000,000 for fiscal year 2023;
``(F) $3,000,000,000 for fiscal year 2024; and
``(G) $3,250,000,000 for each of fiscal years 2025
and 2026.''; and
(3) in subsection (q), by striking ``2016 through 2021'' and
inserting ``2022 through 2026''.
(b) Assistance for Disadvantaged Communities.--Section 1452(d) of
the Safe Drinking Water Act (42 U.S.C. 300j-12(d)) is amended--
(1) in paragraph (1)--
(A) by striking ``Notwithstanding any'' and
inserting the following:
``(A) In general.--Notwithstanding any'';
(B) in subparagraph (A) (as so designated), by
inserting ``, grants, negative interest loans, other
loan forgiveness, and through buying, refinancing, or
restructuring debt'' after ``forgiveness of principal'';
and
(C) by adding at the end the following:
``(B) Exclusion.--A loan from a State loan fund with
an interest rate equal to or greater than 0 percent
shall
[[Page 135 STAT. 1137]]
not be considered additional subsidization for purposes
of this subsection.''; and
(2) in paragraph (2), by striking subparagraph (B) and
inserting the following:
``(B) to the extent that there are sufficient
applications for loans to communities described in
paragraph (1), may not be less than 12 percent.''.
SEC. 50103. SOURCE WATER PETITION PROGRAM.
Section 1454 of the Safe Drinking Water Act (42 U.S.C. 300j-14) is
amended--
(1) in subsection (a)--
(A) in paragraph (1)(A), in the matter preceding
clause (i), by striking ``political subdivision of a
State,'' and inserting ``political subdivision of a
State (including a county that is designated by the
State to act on behalf of an unincorporated area within
that county, with the agreement of that unincorporated
area),'';
(B) in paragraph (4)(D)(i), by inserting
``(including a county that is designated by the State to
act on behalf of an unincorporated area within that
county)'' after ``of the State''; and
(C) by adding at the end the following:
``(5) Savings provision.--Unless otherwise provided within
the agreement, an agreement between an unincorporated area and a
county for the county to submit a petition under paragraph
(1)(A) on behalf of the unincorporated area shall not authorize
the county to act on behalf of the unincorporated area in any
matter not within a program under this section.''; and
(2) in subsection (e), in the first sentence, by striking
``2021'' and inserting ``2026''.
SEC. 50104. ASSISTANCE FOR SMALL AND DISADVANTAGED COMMUNITIES.
(a) Existing Programs.--Section 1459A of the Safe Drinking Water Act
(42 U.S.C. 300j-19a) is amended--
(1) in subsection (b)(2)--
(A) in subparagraph (B), by striking ``and'' at the
end;
(B) in subparagraph (C), by striking the period at
the end and inserting a semicolon; and
(C) by adding at the end the following:
``(D) the purchase of point-of-entry or point-of-use
filters and filtration systems that are certified by a
third party using science-based test methods for the
removal of contaminants of concern;
``(E) investments necessary for providing accurate
and current information about--
``(i) the need for filtration and filter
safety, including proper use and maintenance
practices; and
``(ii) the options for replacing lead service
lines (as defined in section 1459B(a)) and
removing other sources of lead in water; and
``(F) entering into contracts, including contracts
with nonprofit organizations that have water system
technical expertise, to assist--
``(i) an eligible entity; or
[[Page 135 STAT. 1138]]
``(ii) the State of an eligible entity, on
behalf of that eligible entity.'';
(2) in subsection (c), in the matter preceding paragraph
(1), by striking ``An eligible entity'' and inserting ``Except
for purposes of subsections (j) and (m), an eligible entity'';
(3) in subsection (g)(1), by striking ``to pay not less than
45 percent'' and inserting ``except as provided in subsection
(l)(5) and subject to subsection (h), to pay not less than 10
percent'';
(4) by striking subsection (k) and inserting the following:
``(k) Authorization of Appropriations.--There are authorized to be
appropriated to carry out subsections (a) through (j)--
``(1) $70,000,000 for fiscal year 2022;
``(2) $80,000,000 for fiscal year 2023;
``(3) $100,000,000 for fiscal year 2024;
``(4) $120,000,000 for fiscal year 2025; and
``(5) $140,000,000 for fiscal year 2026.''; and
(5) in subsection (l)--
(A) in paragraph (2)--
(i) by striking ``The Administrator may'' and
inserting ``The Administrator shall''; and
(ii) by striking ``fiscal years 2019 and
2020'' and inserting ``fiscal years 2022 through
2026'';
(B) in paragraph (5), by striking ``$4,000,000 for
each of fiscal years 2019 and 2020'' and inserting
``$25,000,000 for each of fiscal years 2022 through
2026'';
(C) by redesignating paragraph (5) as paragraph (6);
and
(D) by inserting after paragraph (4) the following:
``(5) Federal share for small, rural, and disadvantaged
communities.--
``(A) In general.--Subject to subparagraph (B), with
respect to a program or project that serves an eligible
entity and is carried out using a grant under this
subsection, the Federal share of the cost of the program
or project shall be 90 percent.
``(B) Waiver.--The Administrator may increase the
Federal share under subparagraph (A) to 100 percent if
the Administrator determines that an eligible entity is
unable to pay, or would experience significant financial
hardship if required to pay, the non-Federal share.''.
(b) Connection to Public Water Systems.--Section 1459A of the Safe
Drinking Water Act (42 U.S.C. 300j-19a) is amended by adding at the end
the following:
``(m) Connection to Public Water Systems.--
``(1) Definitions.--In this subsection:
``(A) Eligible entity.--The term `eligible entity'
means--
``(i) an owner or operator of a public water
system that assists or is seeking to assist
eligible individuals with connecting the household
of the eligible individual to the public water
system; or
``(ii) a nonprofit entity that assists or is
seeking to assist eligible individuals with the
costs associated with connecting the household of
the eligible individual to a public water system.
[[Page 135 STAT. 1139]]
``(B) Eligible individual.--The term `eligible
individual' has the meaning given the term in section
603(j) of the Federal Water Pollution Control Act (33
U.S.C. 1383(j)).
``(C) Program.--The term `program' means the
competitive grant program established under paragraph
(2).
``(2) Establishment.--Subject to the availability of
appropriations, the Administrator shall establish a competitive
grant program for the purpose of improving the general welfare
under which the Administrator awards grants to eligible entities
to provide funds to assist eligible individuals in covering the
costs incurred by the eligible individual in connecting the
household of the eligible individual to a public water system.
``(3) Application.--An eligible entity seeking a grant under
the program shall submit to the Administrator an application at
such time, in such manner, and containing such information as
the Administrator may require.
``(4) <<NOTE: Certification.>> Voluntary connection.--
Before providing funds to an eligible individual for the costs
described in paragraph (2), an eligible entity shall ensure and
certify to the Administrator that--
``(A) the eligible individual is voluntarily seeking
connection to the public water system;
``(B) if the eligible entity is not the owner or
operator of the public water system to which the
eligible individual seeks to connect, the public water
system to which the eligible individual seeks to connect
has agreed to the connection; and
``(C) the connection of the household of the
eligible individual to the public water system meets all
applicable local and State regulations, requirements,
and codes.
``(5) Report.--Not later than 3 years after the date of
enactment of this subsection, the Administrator shall submit to
Congress a report that describes the implementation of the
program, which shall include a description of the use and
deployment of amounts made available under the program.
``(6) Authorization of appropriations.--There is authorized
to be appropriated to carry out the program $20,000,000 for each
of fiscal years 2022 through 2026.''.
(c) Competitive Grant Pilot Program.--Section 1459A of the Safe
Drinking Water Act (42 U.S.C. 300j-19a) (as amended by subsection (b))
is amended by adding at the end the following:
``(n) State Competitive Grants for Underserved Communities.--
``(1) In general.--In addition to amounts authorized to be
appropriated under subsection (k), there is authorized to be
appropriated to carry out subsections (a) through (j)
$50,000,000 for each of fiscal years 2022 through 2026 in
accordance with paragraph (2).
``(2) Competitive grants.--
``(A) In general.--Notwithstanding any other
provision of this section, the Administrator shall
distribute amounts made available under paragraph (1) to
States through a competitive grant program.
``(B) Applications.--To seek a grant under the
competitive grant program under subparagraph (A), a
State
[[Page 135 STAT. 1140]]
shall submit to the Administrator an application at such
time, in such manner, and containing such information as
the Administrator may require.
``(C) Criteria.--In selecting recipients of grants
under the competitive grant program under subparagraph
(A), the Administrator shall establish criteria that
give priority to States with a high proportion of
underserved communities that meet the condition
described in subsection (a)(2)(A).
``(3) Report.--Not later than 2 years after the date of
enactment of this subsection, the Administrator shall submit to
Congress a report that describes the implementation of the
competitive grant program under paragraph (2)(A), which shall
include a description of the use and deployment of amounts made
available under the competitive grant program.
``(4) Savings provision.--Nothing in this paragraph affects
the distribution of amounts made available under subsection (k),
including any methods used by the Administrator for distribution
of amounts made available under that subsection as in effect on
the day before the date of enactment of this subsection.''.
SEC. 50105. REDUCING LEAD IN DRINKING WATER.
Section 1459B of the Safe Drinking Water Act (42 U.S.C. 300j-19b) is
amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking subparagraph (D)
and inserting the following:
``(D) a qualified nonprofit organization with
experience in lead reduction, as determined by the
Administrator; and'';
(B) in paragraph (2)(A)--
(i) in clause (i), by striking ``publicly
owned''; and
(ii) by striking clause (iii) and inserting
the following:
``(iii) providing assistance to eligible
entities to replace lead service lines, with
priority for disadvantaged communities based on
the affordability criteria established by the
applicable State under section 1452(d)(3), low-
income homeowners, and landlords or property
owners providing housing to low-income renters.'';
and
(C) in paragraph (3), by striking ``an individual
provided'';
(2) in subsection (b)--
(A) in paragraph (5)--
(i) in subparagraph (A), by striking ``to
provide assistance'' and all that follows through
the period at the end and inserting ``to replace
lead service lines, with first priority given to
assisting disadvantaged communities based on the
affordability criteria established by the
applicable State under section 1452(d)(3), low-
income homeowners, and landlords or property
owners providing housing to low-income renters.'';
and
(ii) in subparagraph (B), by striking ``line''
and inserting ``lines''; and
(B) in paragraph (6)--
[[Page 135 STAT. 1141]]
(i) in subparagraph (A), by striking ``any
publicly owned portion of'';
(ii) in subparagraph (C), in the matter
preceding clause (i)--
(I) by striking ``may'' and
inserting ``shall'';
(II) by inserting ``and may, for
other homeowners,'' after ``low-income
homeowner,''; and
(III) by striking ``a cost that''
and all that follows through the
semicolon at the end of clause (ii) and
inserting ``no cost to the homeowner;'';
(iii) in subparagraph (D), by striking ``and''
at the end;
(iv) in subparagraph (E), by striking ``other
options'' and all that follows through the period
at the end and inserting ``feasible alternatives
for reducing the concentration of lead in drinking
water, such as corrosion control; and''; and
(v) by adding at the end the following:
``(F) shall notify the State of any planned
replacement of lead service lines under this program and
coordinate, where practicable, with other relevant
infrastructure projects.'';
(3) in subsection (d)--
(A) by inserting ``(except for subsection (d))''
after ``this section''; and
(B) by striking ``$60,000,000 for each of fiscal
years 2017 through 2021'' and inserting ``$100,000,000
for each of fiscal years 2022 through 2026'';
(4) by redesignating subsections (d) and (e) as subsections
(e) and (f), respectively; and
(5) by inserting after subsection (c) the following:
``(d) Lead Inventorying Utilization Grant Pilot Program.--
``(1) Definitions.--In this subsection:
``(A) Eligible entity.--The term `eligible entity'
means a municipality that is served by a community water
system or a nontransient noncommunity water system in
which not less than 30 percent of the service lines are
known, or suspected, to contain lead, based on available
data, information, or resources, including existing lead
inventorying.
``(B) Pilot program.--The term `pilot program' means
the pilot program established under paragraph (2).
``(2) Establishment.--The Administrator shall establish a
pilot program under which the Administrator shall provide grants
to eligible entities to carry out lead reduction projects that
are demonstrated to exist or are suspected to exist, based on
available data, information, or resources, including existing
lead inventorying of those eligible entities.
``(3) Selection.--
``(A) Application.--To be eligible to receive a
grant under the pilot program, an eligible entity shall
submit to the Administrator an application at such time,
in such manner, and containing such information as the
Administrator may require.
``(B) Prioritization.--In selecting recipients under
the pilot program, the Administrator shall give priority
to--
[[Page 135 STAT. 1142]]
``(i) an eligible entity that meets the
affordability criteria of the applicable State
established under section 1452(d)(3); and
``(ii) an eligible entity that is located in
an area other than a State that has established
affordability criteria under section 1452(d)(3).
``(4) Report.--Not later 2 years after the Administrator
first awards a grant under the pilot program, the Administrator
shall submit to the Committee on Environment and Public Works of
the Senate and the Committee on Energy and Commerce of the House
of Representatives a report describing--
``(A) the recipients of grants under the pilot
program;
``(B) the existing lead inventorying that was
available to recipients of grants under the pilot
program; and
``(C) how useful and accurate the lead inventorying
described in subparagraph (B) was in locating lead
service lines of the eligible entity.
``(5) Authorization of appropriations.--There is authorized
to be appropriated to carry out the pilot program $10,000,000,
to remain available until expended.''.
SEC. 50106. OPERATIONAL SUSTAINABILITY OF SMALL PUBLIC WATER
SYSTEMS.
Part E of the Safe Drinking Water Act (42 U.S.C. 300j et seq.) is
amended by adding at the end the following:
``SEC. 1459E. <<NOTE: 42 USC 300j-19f.>> OPERATIONAL
SUSTAINABILITY OF SMALL PUBLIC WATER
SYSTEMS.
``(a) Definitions.--In this section:
``(1) Eligible entity.--The term `eligible entity' means--
``(A) a State;
``(B) a unit of local government;
``(C) a public corporation established by a unit of
local government to provide water service;
``(D) a nonprofit corporation, public trust, or
cooperative association that owns or operates a public
water system;
``(E) an Indian Tribe that owns or operates a public
water system;
``(F) a nonprofit organization that provides
technical assistance to public water systems; and
``(G) a Tribal consortium.
``(2) Operational sustainability.--The term `operational
sustainability' means the ability to improve the operation of a
small system through the identification and prevention of
potable water loss due to leaks, breaks, and other metering or
infrastructure failures.
``(3) Program.--The term `program' means the grant program
established under subsection (b).
``(4) Small system.--The term `small system', for the
purposes of this section, means a public water system that--
``(A) serves fewer than 10,000 people; and
``(B) is owned or operated by--
``(i) a unit of local government;
``(ii) a public corporation;
``(iii) a nonprofit corporation;
``(iv) a public trust;
``(v) a cooperative association; or
``(vi) an Indian Tribe.
[[Page 135 STAT. 1143]]
``(b) Establishment.--Subject to the availability of appropriations,
the Administrator shall establish a program to award grants to eligible
entities for the purpose of improving the operational sustainability of
1 or more small systems.
``(c) Applications.--To be eligible to receive a grant under the
program, an eligible entity shall submit to the Administrator an
application at such time, in such manner, and containing such
information as the Administrator may require, including--
``(1) <<NOTE: Proposal.>> a proposal of the project to be
carried out using grant funds under the program;
``(2) documentation provided by the eligible entity
describing the deficiencies or suspected deficiencies in
operational sustainability of 1 or more small systems that are
to be addressed through the proposed project;
``(3) a description of how the proposed project will improve
the operational sustainability of 1 or more small systems;
``(4) <<NOTE: Plan.>> a description of how the improvements
described in paragraph (3) will be maintained beyond the life of
the proposed project, including a plan to maintain and update
any asset data collected as a result of the proposed project;
and
``(5) any additional information the Administrator may
require.
``(d) <<NOTE: Records. Contracts.>> Additional Required
Information.--Before the award of funds for a grant under the program to
a grant recipient, the grant recipient shall submit to the
Administrator--
``(1) if the grant recipient is located in a State that has
established a State drinking water treatment revolving loan fund
under section 1452, a copy of a written agreement between the
grant recipient and the State in which the grant recipient
agrees to provide a copy of any data collected under the
proposed project to the State agency administering the State
drinking water treatment revolving loan fund (or a designee); or
``(2) if the grant recipient is located in an area other
than a State that has established a State drinking water
treatment revolving loan fund under section 1452, a copy of a
written agreement between the grant recipient and the
Administrator in which the eligible entity agrees to provide a
copy of any data collected under the proposed project to the
Administrator (or a designee).
``(e) Use of Funds.--An eligible entity that receives a grant under
the program shall use the grant funds to carry out projects that improve
the operational sustainability of 1 or more small systems through--
``(1) the development of a detailed asset inventory, which
may include drinking water sources, wells, storage, valves,
treatment systems, distribution lines, hydrants, pumps,
controls, and other essential infrastructure;
``(2) the development of an infrastructure asset map,
including a map that uses technology such as--
``(A) geographic information system software; and
``(B) global positioning system software;
``(3) the deployment of leak detection technology;
``(4) the deployment of metering technology;
``(5) training in asset management strategies, techniques,
and technologies for appropriate staff employed by--
``(A) the eligible entity; or
[[Page 135 STAT. 1144]]
``(B) the small systems for which the grant was
received;
``(6) the deployment of strategies, techniques, and
technologies to enhance the operational sustainability and
effective use of water resources through water reuse; and
``(7) the development or deployment of other strategies,
techniques, or technologies that the Administrator may determine
to be appropriate under the program.
``(f) Cost Share.--
``(1) In general.--Subject to paragraph (2), the Federal
share of the cost of a project carried out using a grant under
the program shall be 90 percent of the total cost of the
project.
``(2) Waiver.--The Administrator may increase the Federal
share under paragraph (1) to 100 percent.
``(g) Report.--Not later than 2 years after the date of enactment of
this section, the Administrator shall submit to Congress a report that
describes the implementation of the program, which shall include a
description of the use and deployment of amounts made available under
the program.
``(h) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $50,000,000 for each of fiscal
years 2022 through 2026.''.
SEC. 50107. MIDSIZE AND LARGE DRINKING WATER SYSTEM INFRASTRUCTURE
RESILIENCE AND SUSTAINABILITY PROGRAM.
Part E of the Safe Drinking Water Act (42 U.S.C. 300j et seq.) (as
amended by section 50106) is amended by adding at the end the following:
``SEC. 1459F. <<NOTE: 42 USC 300j-19g.>> MIDSIZE AND LARGE
DRINKING WATER SYSTEM INFRASTRUCTURE
RESILIENCE AND SUSTAINABILITY PROGRAM.
``(a) Definitions.--In this section:
``(1) Eligible entity.--The term `eligible entity' means a
public water system that serves a community with a population of
10,000 or more.
``(2) Natural hazard; resilience.--The terms `resilience'
and `natural hazard' have the meanings given those terms in
section 1433(h).
``(3) Resilience and sustainability program.--The term
`resilience and sustainability program' means the Midsize and
Large Drinking Water System Infrastructure Resilience and
Sustainability Program established under subsection (b).
``(b) <<NOTE: Grants.>> Establishment.--The Administrator shall
establish and carry out a program, to be known as the `Midsize and Large
Drinking Water System Infrastructure Resilience and Sustainability
Program', under which the Administrator, subject to the availability of
appropriations for the resilience and sustainability program, shall
award grants to eligible entities for the purpose of--
``(1) increasing resilience to natural hazards and extreme
weather events; and
``(2) reducing cybersecurity vulnerabilities.
``(c) Use of Funds.--An eligible entity may only use grant funds
received under the resilience and sustainability program to
[[Page 135 STAT. 1145]]
assist in the planning, design, construction, implementation, operation,
or maintenance of a program or project that increases resilience to
natural hazards and extreme weather events, or reduces cybersecurity
vulnerabilities, through--
``(1) the conservation of water or the enhancement of water-
use efficiency;
``(2) the modification or relocation of existing drinking
water system infrastructure made, or that is at risk of being,
significantly impaired by natural hazards or extreme weather
events, including risks to drinking water from flooding;
``(3) the design or construction of new or modified
desalination facilities to serve existing communities;
``(4) the enhancement of water supply through the use of
watershed management and source water protection;
``(5) the enhancement of energy efficiency or the use and
generation of renewable energy in the conveyance or treatment of
drinking water;
``(6) the development and implementation of measures--
``(A) to increase the resilience of the eligible
entity to natural hazards and extreme weather events; or
``(B) to reduce cybersecurity vulnerabilities;
``(7) the conservation of water or the enhancement of a
water supply through the implementation of water reuse measures;
or
``(8) the formation of regional water partnerships to
collaboratively address documented water shortages.
``(d) Application.--To seek a grant under the resilience and
sustainability program, an eligible entity shall submit to the
Administrator an application at such time, in such manner, and
containing such information as the Administrator may require,
including--
``(1) <<NOTE: Proposal.>> a proposal of the program or
project to be planned, designed, constructed, implemented,
operated, or maintained by the eligible entity;
``(2) an identification of the natural hazard risks, extreme
weather events, or potential cybersecurity vulnerabilities, as
applicable, to be addressed by the proposed program or project;
``(3) documentation prepared by a Federal, State, regional,
or local government agency of the natural hazard risk, potential
cybersecurity vulnerability, or risk for extreme weather events
to the area where the proposed program or project is to be
located;
``(4) a description of any recent natural hazards,
cybersecurity events, or extreme weather events that have
affected the community water system of the eligible entity;
``(5) a description of how the proposed program or project
would improve the performance of the community water system of
the eligible entity under the anticipated natural hazards,
cybersecurity vulnerabilities, or extreme weather events; and
``(6) an explanation of how the proposed program or project
is expected--
``(A) to enhance the resilience of the community
water system of the eligible entity to the anticipated
natural hazards or extreme weather events; or
``(B) to reduce cybersecurity vulnerabilities.
``(e) Report.--Not later than 2 years after the date of enactment of
this section, the Administrator shall submit to Congress a report
[[Page 135 STAT. 1146]]
that describes the implementation of the resilience and sustainability
program, which shall include a description of the use and deployment of
amounts made available to carry out the resilience and sustainability
program.
``(f) Authorization of Appropriations.--
``(1) In general.--There is authorized to be appropriated to
carry out the resilience and sustainability program $50,000,000
for each of fiscal years 2022 through 2026.
``(2) Use of funds.--Of the amounts made available under
paragraph (1) for grants to eligible entities under the
resilience and sustainability program--
``(A) 50 percent shall be used to provide grants to
eligible entities that serve a population of--
``(i) equal to or greater than 10,000; and
``(ii) fewer than 100,000; and
``(B) 50 percent shall be used to provide grants to
eligible entities that serve a population equal to or
greater than 100,000.
``(3) Administrative costs.--Of the amounts made available
under paragraph (1), not more than 2 percent may be used by the
Administrator for the administrative costs of carrying out the
resilience and sustainability program.''.
SEC. 50108. <<NOTE: 42 USC 300j-19a note.>> NEEDS ASSESSMENT FOR
NATIONWIDE RURAL AND URBAN LOW-INCOME
COMMUNITY WATER ASSISTANCE.
(a) Definitions.--In this section and section 50109:
(1) Community water system.--The term ``community water
system'' has the meaning given the term in section 1401 of the
Safe Drinking Water Act (42 U.S.C. 300f).
(2) Large water service provider.--The term ``large water
service provider'' means a community water system, treatment
works, or municipal separate storm sewer system that serves more
than 100,000 people.
(3) Medium water service provider.--The term ``medium water
service provider'' means a community water system, treatment
works, or municipal separate storm sewer system that serves more
than 10,000 people and not more than 100,000 people.
(4) Need.--The term ``need'', with respect to a qualifying
household, means the expenditure of a disproportionate amount of
household income on access to public drinking water or
wastewater services.
(5) Qualifying household.--The term ``qualifying household''
means a household that--
(A) includes an individual who is--
(i) the holder of an account for drinking
water or wastewater service that is provided to
that household by a large water service provider,
a medium water service provider, or a rural water
service provider; or
(ii) separately billed by a landlord that
holds an account with a large water service
provider, a medium water service provider, or a
rural water service provider for the cost of
drinking water or wastewater service provided to
that household by the respective large water
service provider, medium water service provider,
or rural water service provider; and
[[Page 135 STAT. 1147]]
(B) is determined--
(i) by a large water service provider, a
medium water service provider, or a rural water
service provider to be eligible for assistance
through a low-income ratepayer assistance program;
(ii) by the Governor of the State in which the
household is located to be low-income, based on
the affordability criteria established by the
State under section 1452(d)(3) of the Safe
Drinking Water Act (42 U.S.C. 300j-12(d)(3));
(iii) by the Administrator to experience
drinking water and wastewater service costs that
exceed the metrics of affordability established in
the most recent guidance of the Administrator
entitled ``Financial Capability Assessment
Guidance''; or
(iv) in the case of a household serviced by a
rural water service provider, by the State in
which the household is located to have an annual
income that does not exceed the greater of--
(I) an amount equal to 150 percent
of the poverty level of that State; and
(II) an amount equal to 60 percent
of the State median income for that
State.
(6) Rural water service provider.--The term ``rural water
service provider'' means a community water system, treatment
works, or municipal separate storm sewer system that serves not
more than 10,000 people.
(7) Treatment works.--The term ``treatment works'' has the
meaning given the term in section 212 of the Federal Water
Pollution Control Act (33 U.S.C. 1292).
(b) Study; Report.--
(1) In general.--The Administrator shall conduct, and submit
to Congress a report describing the results of, a study that
examines the prevalence throughout the United States of
municipalities, public entities, or Tribal governments that--
(A) are serviced by rural water service providers,
medium water service providers, or large water service
providers that service a disproportionate percentage, as
determined by the Administrator, of qualifying
households with need; or
(B) <<NOTE: Determination.>> as determined by the
Administrator, have taken on an unsustainable level of
debt due to customer nonpayment for the services
provided by a large water service provider, a medium
water service provider, or a rural water service
provider.
(2) Affordability inclusions.--The report under paragraph
(1) shall include--
(A) a definition of the term ``affordable access to
water services'';
(B) a description of the criteria used in defining
``affordable access to water services'' under
subparagraph (A);
(C) a definition of the term ``lack of affordable
access to water services'';
(D) a description of the methodology and criteria
used in defining ``lack of affordable access to water
services'' under subparagraph (C);
[[Page 135 STAT. 1148]]
(E) <<NOTE: Determination.>> a determination of the
prevalence of a lack of affordable access to water
services, as defined under subparagraph (C);
(F) <<NOTE: Criteria.>> the methodology and
criteria used to determine the prevalence of a lack of
affordable access to water services under subparagraph
(E);
(G) any additional information with respect to the
affordable access to water services, as defined under
subparagraph (A), provided by rural water service
providers, medium water service providers, and large
water service providers;
(H) <<NOTE: Consultation.>> with respect to the
development of the report, a consultation with all
relevant stakeholders, including rural advocacy
associations;
(I) <<NOTE: Recommenda- tions.>> recommendations of
the Administrator regarding the best methods to reduce
the prevalence of a lack of affordable access to water
services, as defined under subparagraph (C); and
(J) a description of the cost of each method
described in subparagraph (I).
(3) <<NOTE: Contracts.>> Agreements.--The Administrator may
enter into an agreement with another Federal agency to carry out
the study under paragraph (1).
SEC. 50109. RURAL AND LOW-INCOME WATER ASSISTANCE PILOT PROGRAM.
(a) Definitions.--In this section:
(1) Eligible entity.--The term ``eligible entity'' means--
(A) a municipality, Tribal government, or other
entity that--
(i) owns or operates a community water system,
treatment works, or municipal separate storm sewer
system; or
(ii) as determined by the Administrator, has
taken on an unsustainable level of debt due to
customer nonpayment for the services provided by a
community water system, treatment works, or
municipal separate storm sewer system; and
(B) a State exercising primary enforcement
responsibility over a rural water service provider under
the Safe Drinking Water Act (42 U.S.C. 300f et seq.) or
the Federal Water Pollution Control Act (33 U.S.C. 1251
et seq.), as applicable.
(2) Pilot program.--The term ``pilot program'' means the
pilot program established by the Administrator under subsection
(b)(1).
(3) Water services needs assessment.--The term ``water
services needs assessment'' means the report required under
section 50108(b)(1).
(b) Establishment.--
(1) <<NOTE: Grants.>> In general.--Not later than 2 years
after the date of enactment of this Act, the Administrator shall
establish a pilot program to award grants to eligible entities
to develop and implement programs to assist qualifying
households with need in maintaining access to drinking water and
wastewater treatment.
[[Page 135 STAT. 1149]]
(2) Requirement.--In establishing the pilot program, the
Administrator shall ensure that data from the water services
needs assessment directly contributes to the structure of the
pilot program by informing the types of assistance and criteria
used for priority consideration with the demonstrated need from
the study conducted under section 50108(b)(1) and the water
services needs assessment.
(3) Use of funds limitations.--A grant under the pilot
program--
(A) shall not be used to replace funds for any
existing similar program; but
(B) may be used to supplement or enhance an existing
program, including a program that receives assistance
from other Federal grants.
(4) Term.--The term of a grant awarded under the pilot
program shall be subject to the availability of appropriations.
(5) Types of assistance.--In establishing the pilot program,
the Administrator may include provisions for--
(A) direct financial assistance;
(B) a lifeline rate;
(C) bill discounting;
(D) special hardship provisions;
(E) a percentage-of-income payment plan; or
(F) debt relief for the eligible entity or the
community water system owned by the eligible entity for
debt that is due to customer nonpayment for the services
provided by the eligible entity or the community water
system that is determined by the Administrator to be in
the interest of public health.
(6) Requirement.--The Administrator shall award not more
than 40 grants under the pilot program, of which--
(A) not more than 8 shall be to eligible entities
that own, operate, or exercise primary enforcement
responsibility over a rural water service provider under
the Safe Drinking Water Act (42 U.S.C. 300f et seq.) or
the Federal Water Pollution Control Act (33 U.S.C. 1251
et seq.), as applicable;
(B) not more than 8 shall be to eligible entities
that own or operate a medium water service provider;
(C) not more than 8 shall be to eligible entities
that own or operate a large water service provider that
serves not more than 500,000 people;
(D) not more than 8 shall be to eligible entities
that own or operate a large water service provider that
serves more than 500,000 people; and
(E) not more than 8 shall be to eligible entities
that own or operate a community water system, treatment
works, or municipal separate storm sewer system that
services a disadvantaged community (consistent with the
affordability criteria established by the applicable
State under section 1452(d)(3) of the Safe Drinking
Water Act (42 U.S.C. 300j-12(d)(3)) or section 603(i)(2)
of the Federal Water Pollution Control Act (33 U.S.C.
1383(i)(2)), as applicable).
(7) Criteria.--In addition to any priority criteria
established by the Administrator in response to the findings in
the water services needs assessment, in awarding grants under
[[Page 135 STAT. 1150]]
the pilot program, the Administrator shall give priority
consideration to eligible entities that--
(A) serve a disproportionate percentage, as
determined by the Administrator, of qualifying
households with need, as identified in the water
services needs assessment;
(B) are subject to State or Federal enforcement
actions relating to compliance with the Federal Water
Pollution Control Act (33 U.S.C. 1251 et seq.) or the
Safe Drinking Water Act (42 U.S.C. 300f et seq.); or
(C) maintain or participate in an existing community
assistance program with objectives similar to the
objectives of the pilot program, as determined by the
Administrator.
(8) Reporting requirements.--
(A) <<NOTE: Summary. Determination.>> In general.--
In addition to any other applicable Federal or agency-
specific grant reporting requirements, as a condition of
receiving a grant under the pilot program, an eligible
entity (or a State, on behalf of an eligible entity)
shall submit to the Administrator an annual report that
summarizes, in a manner determined by the Administrator,
the use of grant funds by the eligible entity,
including--
(i) key features of the assistance provided by
the eligible entity;
(ii) sources of funding used to supplement
Federal funds; and
(iii) eligibility criteria.
(B) Publication.--The Administrator shall publish
each report submitted under subparagraph (A).
(c) Technical Assistance.--The Administrator shall provide technical
assistance to each eligible entity, and each State, on behalf of an
eligible entity, that receives a grant under the pilot program to
support implementation of the program.
(d) Report.--Not later than 2 years after the date on which grant
funds are first disbursed to an eligible entity (or a State, on behalf
of an eligible entity) under the program, and every year thereafter for
the duration of the terms of the grants, the Administrator shall submit
to Congress a report on the results of the pilot program.
SEC. 50110. LEAD CONTAMINATION IN SCHOOL DRINKING WATER.
Section 1464 of the Safe Drinking Water Act (42 U.S.C. 300j-24) is
amended--
(1) in subsection (b)--
(A) in the first sentence, by inserting ``public
water systems and'' after ``to assist''; and
(B) in the third sentence, by inserting ``public
water systems,'' after ``schools,''; and
(2) in subsection (d)--
(A) in the subsection heading, by inserting ``and
Reduction'' after ``Lead Testing'';
(B) in paragraph (2)--
(i) in subparagraph (A), by striking ``the
Administrator'' and all that follows through the
period at the end and inserting the following:
``the Administrator shall establish a voluntary
school and child care program lead testing,
compliance monitoring, and lead reduction grant
program to make grants available to--
[[Page 135 STAT. 1151]]
``(i) States to assist local educational
agencies, public water systems that serve schools
and child care programs under the jurisdiction of
those local educational agencies, and qualified
nonprofit organizations in voluntary testing or
compliance monitoring for and remediation of lead
contamination in drinking water at schools and
child care programs under the jurisdiction of
those local educational agencies; and
``(ii) tribal consortia to assist tribal
education agencies (as defined in section 3 of the
National Environmental Education Act (20 U.S.C.
5502)), public water systems that serve schools
and child care programs under the jurisdiction of
those tribal education agencies, and qualified
nonprofit organizations in voluntary testing or
compliance monitoring for and remediation of lead
contamination in drinking water at schools and
child care programs under the jurisdiction of
those tribal education agencies.''; and
(ii) in subparagraph (B)--
(I) in the matter preceding clause
(i), by inserting ``or compliance
monitoring for or remediation of lead
contamination'' after ``voluntary
testing'';
(II) in clause (i), by striking
``or'' at the end;
(III) in clause (ii), by striking
the period at the end and inserting a
semicolon; and
(IV) by adding at the end the
following:
``(iii) any public water system that is
located in a State that does not participate in
the voluntary grant program established under
subparagraph (A) that--
``(I) assists schools or child care
programs in lead testing;
``(II) assists schools or child care
programs with compliance monitoring;
``(III) assists schools with
carrying out projects to remediate lead
contamination in drinking water; or
``(IV) provides technical assistance
to schools or child care programs in
carrying out lead testing; or
``(iv) a qualified nonprofit organization, as
determined by the Administrator.'';
(C) in paragraphs (3), (5), (6), and (7), by
striking ``State or local educational agency'' each
place it appears and inserting ``State, local
educational agency, public water system, tribal
consortium, or qualified nonprofit organization'';
(D) in paragraph (4)--
(i) by striking ``States and local educational
agencies'' and inserting ``States, local
educational agencies, public water systems, tribal
consortia, and qualified nonprofit
organizations''; and
(ii) by inserting ``or the remediation of''
after ``testing for'';
(E) in paragraph (6)--
(i) in the matter preceding subparagraph (A)--
[[Page 135 STAT. 1152]]
(I) by striking ``State or local
educational agency'' and inserting
``State, local educational agency,
public water system, tribal consortium,
or qualified nonprofit agency''; and
(II) by inserting ``, public water
system, tribal consortium, or qualified
nonprofit organization'' after ``each
local educational agency'';
(ii) in subparagraph (A)(ii)--
(I) by inserting ``or tribal'' after
``applicable State''; and
(II) by striking ``reducing lead''
and inserting ``voluntary testing or
compliance monitoring for and
remediation of lead contamination''; and
(iii) in subparagraph (B)(i), by inserting
``applicable'' before ``local educational
agency'';
(F) in paragraph (7), by striking ``testing for''
and inserting ``testing or compliance monitoring for or
remediation of''; and
(G) by striking paragraph (8) and inserting the
following:
``(8) Authorization of appropriations.--There are authorized
to be appropriated to carry out this subsection--
``(A) $30,000,000 for fiscal year 2022;
``(B) $35,000,000 for fiscal year 2023;
``(C) $40,000,000 for fiscal year 2024;
``(D) $45,000,000 for fiscal year 2025; and
``(E) $50,000,000 for fiscal year 2026.''.
SEC. 50111. INDIAN RESERVATION DRINKING WATER PROGRAM.
Section 2001 of the America's Water Infrastructure Act of 2018 (42
U.S.C. 300j-3c note; Public Law 115-270) is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by
striking ``Subject to the availability of
appropriations, the Administrator of the Environmental
Protection Agency'' and inserting ``The Administrator of
the Environmental Protection Agency (referred to in this
section as the `Administrator')''; and
(B) by striking ``to implement'' in the matter
preceding paragraph (1) and all that follows through the
period at the end of paragraph (2) and inserting ``to
implement eligible projects described in subsection
(b).'';
(2) in subsection (b), by striking paragraph (2) and
inserting the following:
``(2) that will--
``(A) improve water quality, water pressure, or
water services through means such as connecting to,
expanding, repairing, improving, or obtaining water from
a public water system (as defined in section 1401 of the
Safe Drinking Water Act (42 U.S.C. 300f)); or
``(B) improve water quality or sanitation or
wastewater services at a treatment works (as defined in
section 212 of the Federal Water Pollution Control Act
(33 U.S.C. 1292)).'';
(3) by redesignating subsection (d) as subsection (g);
(4) by striking subsection (c) and inserting the following:
``(c) Required Projects.--
[[Page 135 STAT. 1153]]
``(1) In general.--If sufficient projects exist, of the
funds made available to carry out this section, the
Administrator shall use 50 percent to carry out--
``(A) 10 eligible projects described in subsection
(b) that are within the Upper Missouri River Basin;
``(B) 10 eligible projects described in subsection
(b) that are within the Upper Rio Grande Basin;
``(C) 10 eligible projects described in subsection
(b) that are within the Columbia River Basin;
``(D) 10 eligible projects described in subsection
(b) that are within the Lower Colorado River Basin; and
``(E) 10 eligible projects described in subsection
(b) that are within the Arkansas-White-Red River Basin.
``(2) Requirement.--In carrying out paragraph (1)(A), the
Administrator shall select not fewer than 2 eligible projects
for a reservation that serves more than 1 federally recognized
Indian Tribe.
``(d) Priority.--In selecting projects to carry out under this
section, the Administrator shall give priority to projects that--
``(1) respond to emergency situations occurring due to or
resulting in a lack of access to clean drinking water that
threatens the health of Tribal populations;
``(2) would serve a Tribal population that would qualify as
a disadvantaged community based on the affordability criteria
established by the applicable State under section 1452(d)(3) of
the Safe Drinking Water Act (42 U.S.C. 300j-12(d)(3)); or
``(3) would address the underlying factors contributing to--
``(A) an enforcement action commenced pursuant to
the Safe Drinking Water Act (42 U.S.C. 300f et seq.)
against the applicable public water system (as defined
in section 1401 of that Act (42 U.S.C. 300f)) as of the
date of enactment of this subparagraph; or
``(B) an enforcement action commenced pursuant to
the Federal Water Pollution Control Act (33 U.S.C. 1251
et seq.) against the applicable treatment works (as
defined in section 212 of that Act (33 U.S.C. 1292)) as
of the date of enactment of this subparagraph.
``(e) Federal Share.--The Federal share of the cost of a project
carried out under this section shall be 100 percent.
``(f) Report.--Not later than 2 years after the date of enactment of
this subsection, the Administrator shall submit to Congress a report
that describes the implementation of the program established under
subsection (a), which shall include a description of the use and
deployment of amounts made available under that program.''; and
(5) in subsection (g) (as so redesignated)--
(A) by striking ``There is'' and inserting ``There
are'';
(B) by striking ``subsection (a) $20,000,000'' and
inserting the following: ``subsection (a)--
``(1) $20,000,000'';
(C) in paragraph (1) (as so designated), by striking
``2022.'' and inserting ``2021; and''; and
(D) by adding at the end the following:
``(2) $50,000,000 for each of fiscal years 2022 through
2026.''.
[[Page 135 STAT. 1154]]
SEC. 50112. ADVANCED DRINKING WATER TECHNOLOGIES.
Part E of the Safe Drinking Water Act (42 U.S.C. 300j et seq.) (as
amended by section 50107) is amended by adding at the end the following:
``SEC. 1459G. <<NOTE: 42 USC 300j-19h.>> ADVANCED DRINKING WATER
TECHNOLOGIES.
``(a) Study.--
``(1) In general.--Subject to the availability of
appropriations, not later than 1 year after the date of
enactment of this section, the Administrator shall carry out a
study that examines the state of existing and potential future
technology, including technology that could address
cybersecurity vulnerabilities, that enhances or could enhance
the treatment, monitoring, affordability, efficiency, and safety
of drinking water provided by a public water system.
``(2) Report.--The Administrator shall submit to the
Committee on Environment and Public Works of the Senate and the
Committee on Energy and Commerce of the House of Representatives
a report that describes the results of the study under paragraph
(1).
``(b) Advanced Drinking Water Technology Grant Program.--
``(1) Definitions.--In this subsection:
``(A) Eligible entity.--The term `eligible entity'
means the owner or operator of a public water system
that--
``(i) serves--
``(I) a population of not more than
100,000 people; or
``(II) a community described in
section 1459A(c)(2);
``(ii) has plans to identify or has identified
opportunities in the operations of the public
water system to employ new, existing, or emerging,
yet proven, technologies, including technology
that could address cybersecurity vulnerabilities,
as determined by the Administrator, that enhance
treatment, monitoring, affordability, efficiency,
or safety of the drinking water provided by the
public water system, including technologies not
identified in the study conducted under subsection
(a)(1); and
``(iii) has expressed an interest in the
opportunities in the operation of the public water
system to employ new, existing, or emerging, yet
proven, technologies, including technology that
could address cybersecurity vulnerabilities, as
determined by the Administrator, that enhance
treatment, monitoring, affordability, efficiency,
or safety of the drinking water provided by the
public water system, including technologies not
identified in the study conducted under subsection
(a)(1).
``(B) Program.--The term `program' means the
competitive grant program established under paragraph
(2).
``(2) Establishment.--The Administrator shall establish a
competitive grant program under which the Administrator
[[Page 135 STAT. 1155]]
shall award grants to eligible entities for the purpose of
identifying, deploying, or identifying and deploying
technologies described in paragraph (1)(A)(ii).
``(3) Requirements.--
``(A) Applications.--To be eligible to receive a
grant under the program, an eligible entity shall submit
to the Administrator an application at such time, in
such manner, and containing such information as the
Administrator may require.
``(B) Federal share.--
``(i) In general.--Subject to clause (ii), the
Federal share of the cost of a project carried out
using a grant under the program shall not exceed
90 percent of the total cost of the project.
``(ii) Waiver.--The Administrator may increase
the Federal share under clause (i) to 100 percent
if the Administrator determines that an eligible
entity is unable to pay, or would experience
significant financial hardship if required to pay,
the non-Federal share.
``(4) Report.--Not later than 2 years after the date on
which the Administrator first awards a grant under the program,
and annually thereafter, the Administrator shall submit to
Congress a report describing--
``(A) <<NOTE: Time period.>> each recipient of a
grant under the program during the previous 1-year
period; and
``(B) <<NOTE: Summary.>> a summary of the
activities carried out using grants awarded under the
program.
``(5) Funding.--
``(A) Authorization of appropriations.--There is
authorized to be appropriated to carry out the program
$10,000,000 for each of fiscal years 2022 through 2026,
to remain available until expended.
``(B) Administrative costs.--Not more than 2 percent
of the amount made available for a fiscal year under
subparagraph (A) to carry out the program may be used by
the Administrator for the administrative costs of
carrying out the program.''.
SEC. 50113. CYBERSECURITY SUPPORT FOR PUBLIC WATER SYSTEMS.
Part B of the Safe Drinking Water Act (42 U.S.C. 300g et seq.) is
amended by adding at the end the following:
``SEC. 1420A. <<NOTE: 42 USC 300g-10.>> CYBERSECURITY SUPPORT FOR
PUBLIC WATER SYSTEMS.
``(a) Definitions.--In this section:
``(1) Appropriate congressional committees.--The term
`appropriate Congressional committees' means--
``(A) the Committee on Environment and Public Works
of the Senate;
``(B) the Committee on Homeland Security and
Governmental Affairs of the Senate;
``(C) the Committee on Energy and Commerce of the
House of Representatives; and
``(D) the Committee on Homeland Security of the
House of Representatives.
``(2) Director.--The term `Director' means the Director of
the Cybersecurity and Infrastructure Security Agency.
``(3) Incident.--The term `incident' has the meaning given
the term in section 3552 of title 44, United States Code.
[[Page 135 STAT. 1156]]
``(4) Prioritization framework.--The term `Prioritization
Framework' means the prioritization framework developed by the
Administrator under subsection (b)(1)(A).
``(5) Support plan.--The term `Support Plan' means the
Technical Cybersecurity Support Plan developed by the
Administrator under subsection (b)(2)(A).
``(b) Identification of and Support for Public Water Systems.--
``(1) Prioritization framework.--
``(A) <<NOTE: Deadline. Coordination.>> In
general.--Not later than 180 days after the date of
enactment of this section, the Administrator, in
coordination with the Director, shall develop a
prioritization framework to identify public water
systems (including sources of water for those public
water systems) that, if degraded or rendered inoperable
due to an incident, would lead to significant impacts on
the health and safety of the public.
``(B) Considerations.--In developing the
Prioritization Framework, to the extent practicable, the
Administrator shall incorporate consideration of--
``(i) whether cybersecurity vulnerabilities
for a public water system have been identified
under section 1433;
``(ii) the capacity of a public water system
to remediate a cybersecurity vulnerability without
additional Federal support;
``(iii) whether a public water system serves a
defense installation or critical national security
asset; and
``(iv) whether a public water system, if
degraded or rendered inoperable due to an
incident, would cause a cascading failure of other
critical infrastructure.
``(2) Technical cybersecurity support plan.--
``(A) <<NOTE: Deadline. Coordination.>> In
general.--Not later than 270 days after the date of
enactment of this section, the Administrator, in
coordination with the Director and using existing
authorities of the Administrator and the Director for
providing voluntary support to public water systems and
the Prioritization Framework, shall develop a Technical
Cybersecurity Support Plan for public water systems.
``(B) Requirements.--The Support Plan--
``(i) shall establish a methodology for
identifying specific public water systems for
which cybersecurity support should be prioritized;
``(ii) <<NOTE: Timeline.>> shall establish
timelines for making voluntary technical support
for cybersecurity available to specific public
water systems;
``(iii) <<NOTE: Coordination.>> may include
public water systems identified by the
Administrator, in coordination with the Director,
as needing technical support for cybersecurity;
``(iv) shall include specific capabilities of
the Administrator and the Director that may be
utilized to provide support to public water
systems under the Support Plan, including--
``(I) site vulnerability and risk
assessments;
``(II) penetration tests; and
[[Page 135 STAT. 1157]]
``(III) any additional support
determined to be appropriate by the
Administrator; and
``(v) shall only include plans for providing
voluntary support to public water systems.
``(3) Consultation required.--In developing the
Prioritization Framework pursuant to paragraph (1) and the
Support Plan pursuant to paragraph (2), the Administrator shall
consult with such Federal or non-Federal entities as determined
to be appropriate by the Administrator.
``(4) Reports required.--
``(A) Prioritization framework.--Not later than 190
days after the date of enactment of this section, the
Administrator shall submit to the appropriate
Congressional committees a report describing the
Prioritization Framework.
``(B) Technical cybersecurity support plan.--Not
later than 280 days after the date of enactment of this
section, the Administrator shall submit to the
appropriate Congressional committees--
``(i) the Support Plan; and
``(ii) a list describing any public water
systems identified by the Administrator, in
coordination with the Director, as needing
technical support for cybersecurity during the
development of the Support Plan.
``(c) Rules of Construction.--Nothing in this section--
``(1) alters the existing authorities of the Administrator;
or
``(2) compels a public water system to accept technical
support offered by the Administrator.''.
SEC. 50114. STATE RESPONSE TO CONTAMINANTS.
Section 1459A(j)(1) of the Safe Drinking Water Act (42 U.S.C. 300j-
19a(j)(1)) is amended--
(1) in the matter preceding subparagraph (A), by striking
``an underserved community'' and inserting ``a community
described in subsection (c)(2)''; and
(2) in subparagraph (A)(i), by striking ``such underserved''
and inserting ``that''.
SEC. 50115. <<NOTE: 42 USC 300j-18a.>> ANNUAL STUDY ON BOIL WATER
ADVISORIES.
(a) <<NOTE: Deadline.>> In General.--Not later than 1 year after
the date of enactment of this Act, and annually thereafter, the
Administrator shall conduct a study on the prevalence of boil water
advisories issued in the United States.
(b) Report.--
(1) In general.--The Administrator shall submit to Congress
a report describing the results of the most recent study
conducted under subsection (a) as part of the annual budget
request transmitted to Congress under section 1105(a) of title
31, United States Code.
(2) Requirement.--In the annual report required under
paragraph (1), the Administrator shall include a description of
the reasons for which boil water advisories were issued during
the year covered by the report.
[[Page 135 STAT. 1158]]
TITLE II--CLEAN WATER
SEC. 50201. RESEARCH, INVESTIGATIONS, TRAINING, AND INFORMATION.
(a) Reauthorization.--Section 104(u) of the Federal Water Pollution
Control Act (33 U.S.C. 1254(u)) is amended--
(1) by striking ``and (7)'' and inserting ``(7)''; and
(2) in paragraph (7)--
(A) by striking ``2023'' and inserting ``2021''; and
(B) by striking the period at the end and inserting
``; and (8) not to exceed $75,000,000 for each of fiscal
years 2022 through 2026 for carrying out subsections
(b)(3), (b)(8), and (g), of which not less than
$50,000,000 each fiscal year shall be used to carry out
subsection (b)(8).''.
(b) <<NOTE: Consultation. 33 USC 1254 note.>> Communication.--Each
nonprofit organization that receives funding under paragraph (8) of
section 104(b) of the Federal Water Pollution Control Act (33 U.S.C.
1254(b)) shall, before using that funding to undertake activities to
carry out that paragraph, consult with the State in which the assistance
is to be expended or otherwise made available.
(c) Report.--Not later than 2 years after the date of enactment of
this Act, the Administrator shall submit to Congress a report that
describes the implementation of the grants authorized under subsections
(b)(3), (b)(8), and (g) of section 104 of the Federal Water Pollution
Control Act (33 U.S.C. 1254), which shall include a description of the
grant recipients and grant amounts made available to carry out those
subsections.
SEC. 50202. WASTEWATER EFFICIENCY GRANT PILOT PROGRAM.
Title II of the Federal Water Pollution Control Act (33 U.S.C. 1281
et seq.) is amended by adding at the end the following:
``SEC. 222. <<NOTE: 33 USC 1302.>> WASTEWATER EFFICIENCY GRANT
PILOT PROGRAM.
``(a) Establishment.--Subject to the availability of appropriations,
the Administrator shall establish a wastewater efficiency grant pilot
program (referred to in this section as the `pilot program') to award
grants to owners or operators of publicly owned treatment works to carry
out projects that create or improve waste-to-energy systems.
``(b) Selection.--
``(1) Applications.--To be eligible to receive a grant under
the pilot program, an owner or operator of a treatment works
shall submit to the Administrator an application at such time,
in such manner, and containing such information as the
Administrator may require.
``(2) Number of recipients.--The Administrator shall select
not more than 15 recipients of grants under the pilot program
from applications submitted under paragraph (1).
``(c) Use of Funds.--
``(1) In general.--Subject to paragraph (2), a recipient of
a grant under the pilot program may use grant funds for--
``(A) sludge collection;
``(B) installation of anaerobic digesters;
``(C) methane capture;
``(D) methane transfer;
``(E) facility upgrades and retrofits necessary to
create or improve waste-to-energy systems; and
[[Page 135 STAT. 1159]]
``(F) other new and emerging, but proven,
technologies that transform waste to energy.
``(2) Limitation.--A grant to a recipient under the pilot
program shall be not more than $4,000,000.
``(d) Reports.--
``(1) Report to the administrator.--Not later than 2 years
after receiving a grant under the pilot program and each year
thereafter for which amounts are made available for the pilot
program under subsection (e), the recipient of the grant shall
submit to the Administrator a report describing the impact of
that project on the communities within 3 miles of the treatment
works.
``(2) Report to congress.--Not later than 1 year after first
awarding grants under the pilot program and each year thereafter
for which amounts are made available for the pilot program under
subsection (e), the Administrator shall submit to Congress a
report describing--
``(A) the applications received by the Administrator
for grants under the pilot program; and
``(B) the projects for which grants were awarded
under the pilot program.
``(e) Authorization of Appropriations.--
``(1) In general.--There is authorized to be appropriated to
carry out the pilot program $20,000,000 for each of fiscal years
2022 through 2026, to remain available until expended.
``(2) Limitation on use of funds.--Of the amounts made
available for grants under paragraph (1), not more than 2
percent may be used to pay the administrative costs of the
Administrator.''.
SEC. 50203. PILOT PROGRAM FOR ALTERNATIVE WATER SOURCE PROJECTS.
Section 220 of the Federal Water Pollution Control Act (33 U.S.C.
1300) is amended--
(1) in subsection (b), in the heading, by striking ``In
General'' and inserting ``Establishment'';
(2) in subsection (d)--
(A) in paragraph (1), by inserting ``construction''
before ``funds'';
(B) by striking paragraph (2); and
(C) by redesignating paragraph (3) as paragraph (2);
(3) by striking subsection (e);
(4) in subsection (i)--
(A) in the matter preceding paragraph (1), by
striking ``, the following definitions apply''; and
(B) in paragraph (1), in the first sentence, by
striking ``water or wastewater or by treating
wastewater'' and inserting ``water, wastewater, or
stormwater or by treating wastewater or stormwater for
groundwater recharge, potable reuse, or other
purposes'';
(5) in subsection (j)--
(A) in the first sentence, by striking ``There is''
and inserting the following:
``(1) In general.--There is'';
(B) in paragraph (1) (as so designated), by striking
``a total of $75,000,000 for fiscal years 2002 through
2004.
[[Page 135 STAT. 1160]]
Such sums shall'' and inserting ``$25,000,000 for each
of fiscal years 2022 through 2026, to''; and
(C) by adding at the end the following:
``(2) Limitation on use of funds.--Of the amounts made
available for grants under paragraph (1), not more than 2
percent may be used to pay the administrative costs of the
Administrator.''; and
(6) by redesignating subsections (b), (c), (d), (i), and (j)
as subsections (c), (d), (e), (b), and (i), respectively, and
moving those subsections so as to appear in alphabetical order.
SEC. 50204. SEWER OVERFLOW AND STORMWATER REUSE MUNICIPAL GRANTS.
Section 221 of the Federal Water Pollution Control Act (33 U.S.C.
1301) is amended--
(1) in subsection (a)(1) --
(A) in subparagraph (A), by striking ``and'' at the
end;
(B) by redesignating subparagraph (B) as
subparagraph (C); and
(C) by inserting after subparagraph (A) the
following:
``(B) notification systems to inform the public of
combined sewer or sanitary overflows that result in
sewage being released into rivers and other waters;
and'';
(2) in subsection (d)--
(A) in the second sentence, by striking ``The non-
Federal share of the cost'' and inserting the following:
``(3) Types of non-federal share.--The applicable non-
Federal share of the cost under this subsection'';
(B) in the first sentence, by striking ``The
Federal'' and inserting the following:
``(1) In general.--The Federal''; and
(C) by inserting after paragraph (1) (as so
designated) the following:
``(2) Rural and financially distressed communities.--To the
maximum extent practicable, the Administrator shall work with
States to prevent the non-Federal share requirements under this
subsection from being passed on to rural communities and
financially distressed communities (as those terms are defined
in subsection (f)(2)(B)(i)).'';
(3) in subsection (f)--
(A) by striking paragraph (1) and inserting the
following:
``(1) In general.--There is authorized to be appropriated to
carry out this section $280,000,000 for each of fiscal years
2022 through 2026.''; and
(B) in paragraph (2)--
(i) by striking ``To the extent'' and
inserting the following:
``(A) Green projects.--To the extent''; and
(ii) by adding at the end the following:
``(B) Rural or financially distressed community
allocation.--
``(i) Definitions.--In this subparagraph:
``(I) Financially distressed
community.--The term `financially
distressed community' has the meaning
given the term in subsection (c)(1).
[[Page 135 STAT. 1161]]
``(II) Rural community.--The term
`rural community' means a city, town, or
unincorporated area that has a
population of not more than 10,000
inhabitants.
``(ii) Allocation.--
``(I) In general.--To the extent
there are sufficient eligible project
applications, the Administrator shall
ensure that a State uses not less than
25 percent of the amount of the grants
made to the State under subsection (a)
in a fiscal year to carry out projects
in rural communities or financially
distressed communities for the purpose
of planning, design, and construction
of--
``(aa) treatment works to
intercept, transport, control,
treat, or reuse municipal sewer
overflows, sanitary sewer
overflows, or stormwater; or
``(bb) any other measures to
manage, reduce, treat, or
recapture stormwater or
subsurface drainage water
eligible for assistance under
section 603(c).
``(II) Rural communities.--Of the
funds allocated under subclause (I) for
the purposes described in that
subclause, to the extent there are
sufficient eligible project
applications, the Administrator shall
ensure that a State uses not less than
60 percent to carry out projects in
rural communities.''; and
(4) in subsection (i)--
(A) in the second sentence, by striking ``The
recommended funding levels'' and inserting the
following:
``(B) Requirement.--The funding levels recommended
under subparagraph (A)(i)'';
(B) in the first sentence, by striking ``Not later''
and inserting the following:
``(1) Periodic reports.--
``(A) In general.--Not later'';
(C) in paragraph (1)(A) (as so designated)--
(i) by striking the period at the end and
inserting ``; and'';
(ii) by striking ``containing recommended''
and inserting the following: ``containing--
``(i) recommended''; and
(iii) by adding at the end the following:
``(ii) a description of the extent to which
States pass costs associated with the non-Federal
share requirements under subsection (d) to local
communities, with a focus on rural communities and
financially distressed communities (as those terms
are defined in subsection (f)(2)(B)(i)).''; and
(D) by adding at the end the following:
``(2) Use of funds.--Not later than 2 years after the date
of enactment of this paragraph, the Administrator shall submit
to the Committee on Environment and Public Works of the Senate
and the Committee on Transportation and Infrastructure of the
House of Representatives a report that describes the
implementation of the grant program under this section,
[[Page 135 STAT. 1162]]
which shall include a description of the grant recipients,
sources of funds for non-Federal share requirements under
subsection (d), and grant amounts made available under the
program.''.
SEC. 50205. CLEAN WATER INFRASTRUCTURE RESILIENCY AND
SUSTAINABILITY PROGRAM.
Title II of the Federal Water Pollution Control Act (33 U.S.C. 1281
et seq.) (as amended by section 50202) is amended by adding at the end
the following:
``SEC. 223. <<NOTE: 33 USC 1302a.>> CLEAN WATER INFRASTRUCTURE
RESILIENCY AND SUSTAINABILITY PROGRAM.
``(a) Definitions.--In this section:
``(1) Eligible entity.--The term `eligible entity' means--
``(A) a municipality; or
``(B) an intermunicipal, interstate, or State
agency.
``(2) Natural hazard.--The term `natural hazard' means a
hazard caused by natural forces, including extreme weather
events, sea-level rise, and extreme drought conditions.
``(3) Program.--The term `program' means the clean water
infrastructure resilience and sustainability program established
under subsection (b).
``(b) <<NOTE: Grants.>> Establishment.--Subject to the availability
of appropriations, the Administrator shall establish a clean water
infrastructure resilience and sustainability program under which the
Administrator shall award grants to eligible entities for the purpose of
increasing the resilience of publicly owned treatment works to a natural
hazard or cybersecurity vulnerabilities.
``(c) Use of Funds.--An eligible entity that receives a grant under
the program shall use the grant funds for planning, designing, or
constructing projects (on a system-wide or area-wide basis) that
increase the resilience of a publicly owned treatment works to a natural
hazard or cybersecurity vulnerabilities through--
``(1) the conservation of water;
``(2) the enhancement of water use efficiency;
``(3) the enhancement of wastewater and stormwater
management by increasing watershed preservation and protection,
including through the use of--
``(A) natural and engineered green infrastructure;
and
``(B) reclamation and reuse of wastewater and
stormwater, such as aquifer recharge zones;
``(4) the modification or relocation of an existing publicly
owned treatment works, conveyance, or discharge system component
that is at risk of being significantly impaired or damaged by a
natural hazard;
``(5) the development and implementation of projects to
increase the resilience of publicly owned treatment works to a
natural hazard or cybersecurity vulnerabilities, as applicable;
or
``(6) the enhancement of energy efficiency or the use and
generation of recovered or renewable energy in the management,
treatment, or conveyance of wastewater or stormwater.
``(d) Application.--To be eligible to receive a grant under the
program, an eligible entity shall submit to the Administrator an
application at such time, in such manner, and containing such
information as the Administrator may require, including--
``(1) <<NOTE: Proposal.>> a proposal of the project to be
planned, designed, or constructed using funds under the program;
[[Page 135 STAT. 1163]]
``(2) an identification of the natural hazard risk of the
area where the proposed project is to be located or potential
cybersecurity vulnerability, as applicable, to be addressed by
the proposed project;
``(3) documentation prepared by a Federal, State, regional,
or local government agency of the natural hazard risk of the
area where the proposed project is to be located or potential
cybersecurity vulnerability, as applicable, of the area where
the proposed project is to be located;
``(4) a description of any recent natural hazard risk of the
area where the proposed project is to be located or potential
cybersecurity vulnerabilities that have affected the publicly
owned treatment works;
``(5) a description of how the proposed project would
improve the performance of the publicly owned treatment works
under an anticipated natural hazard or natural hazard risk of
the area where the proposed project is to be located or a
potential cybersecurity vulnerability, as applicable; and
``(6) an explanation of how the proposed project is expected
to enhance the resilience of the publicly owned treatment works
to a natural hazard risk of the area where the proposed project
is to be located or a potential cybersecurity vulnerability, as
applicable.
``(e) Grant Amount and Other Federal Requirements.--
``(1) Cost share.--Except as provided in paragraph (2), a
grant under the program shall not exceed 75 percent of the total
cost of the proposed project.
``(2) Exception.--
``(A) In general.--Except as provided in
subparagraph (B), a grant under the program shall not
exceed 90 percent of the total cost of the proposed
project if the project serves a community that--
``(i) has a population of fewer than 10,000
individuals; or
``(ii) meets the affordability criteria
established by the State in which the community is
located under section 603(i)(2).
``(B) Waiver.--At the discretion of the
Administrator, a grant for a project described in
subparagraph (A) may cover 100 percent of the total cost
of the proposed project.
``(3) <<NOTE: Applicability.>> Requirements.--The
requirements of section 608 shall apply to a project funded with
a grant under the program.
``(f) Report.--Not later than 2 years after the date of enactment of
this section, the Administrator shall submit to Congress a report that
describes the implementation of the program, which shall include an
accounting of all grants awarded under the program, including a
description of each grant recipient and each project funded using a
grant under the program.
``(g) Authorization of Appropriations.--
``(1) In general.--There is authorized to be appropriated to
carry out this section $25,000,000 for each of fiscal years 2022
through 2026.
``(2) Limitation on use of funds.--Of the amounts made
available for grants under paragraph (1), not more than 2
percent may be used to pay the administrative costs of the
Administrator.''.
[[Page 135 STAT. 1164]]
SEC. 50206. SMALL AND MEDIUM PUBLICLY OWNED TREATMENT WORKS
CIRCUIT RIDER PROGRAM.
Title II of the Federal Water Pollution Control Act (33 U.S.C. 1281
et seq.) (as amended by section 50205) is amended by adding at the end
the following:
``SEC. 224. <<NOTE: Grants. 33 USC 1302b.>> SMALL AND MEDIUM
PUBLICLY OWNED TREATMENT WORKS CIRCUIT
RIDER PROGRAM.
``(a) Establishment.--Subject to the availability of appropriations,
not later than 180 days after the date of enactment of this section, the
Administrator shall establish a circuit rider program (referred to in
this section as the `circuit rider program') under which the
Administrator shall award grants to qualified nonprofit entities, as
determined by the Administrator, to provide assistance to owners and
operators of small and medium publicly owned treatment works to carry
out the activities described in section 602(b)(13).
``(b) Limitation.--A grant provided under the circuit rider program
shall be in an amount that is not more than $75,000.
``(c) Prioritization.--In selecting recipients of grants under the
circuit rider program, the Administrator shall give priority to
qualified nonprofit entities, as determined by the Administrator, that
would serve a community that--
``(1) has a history, for not less than the 10 years prior to
the award of the grant, of unresolved wastewater issues,
stormwater issues, or a combination of wastewater and stormwater
issues;
``(2) is considered financially distressed;
``(3) faces the cumulative burden of stormwater and
wastewater overflow issues; or
``(4) has previously failed to access Federal technical
assistance due to cost-sharing requirements.
``(d) <<NOTE: Consultation.>> Communication.--Each qualified
nonprofit entity that receives funding under this section shall, before
using that funding to undertake activities to carry out this section,
consult with the State in which the assistance is to be expended or
otherwise made available.
``(e) <<NOTE: Time period.>> Report.--Not later than 2 years after
the date on which the Administrator establishes the circuit rider
program, and every 2 years thereafter, the Administrator shall submit to
Congress a report describing--
``(1) each recipient of a grant under the circuit rider
program; and
``(2) <<NOTE: Summary.>> a summary of the activities carried
out under the circuit rider program.
``(f) Authorization of Appropriations.--
``(1) <<NOTE: Time period.>> In general.--There is
authorized to be appropriated to carry out this section
$10,000,000 for the period of fiscal years 2022 through 2026.
``(2) Limitation on use of funds.--Of the amounts made
available for grants under paragraph (1), not more than 2
percent may be used to pay the administrative costs of the
Administrator.''.
[[Page 135 STAT. 1165]]
SEC. 50207. SMALL PUBLICLY OWNED TREATMENT WORKS EFFICIENCY GRANT
PROGRAM.
Title II of the Federal Water Pollution Control Act (33 U.S.C. 1281
et seq.) (as amended by section 50206) is amended by adding at the end
the following:
``SEC. 225. <<NOTE: 33 USC 1302c.>> SMALL PUBLICLY OWNED
TREATMENT WORKS EFFICIENCY GRANT PROGRAM.
``(a) Establishment.--Subject to the availability of appropriations,
not later than 180 days after the date of enactment of this section, the
Administrator shall establish an efficiency grant program (referred to
in this section as the `efficiency grant program') under which the
Administrator shall award grants to eligible entities for the
replacement or repair of equipment that improves water or energy
efficiency of small publicly owned treatment works, as identified in an
efficiency audit.
``(b) Eligible Entities.--The Administrator may award a grant under
the efficiency grant program to--
``(1) an owner or operator of a small publicly owned
treatment works that serves--
``(A) a population of not more than 10,000 people;
or
``(B) a disadvantaged community; or
``(2) a nonprofit organization that seeks to assist a small
publicly owned treatment works described in paragraph (1) to
carry out the activities described in subsection (a).
``(c) <<NOTE: Time period.>> Report.--Not later than 2 years after
the date on which the Administrator establishes the efficiency grant
program, and every 2 years thereafter, the Administrator shall submit to
Congress a report describing--
``(1) each recipient of a grant under the efficiency grant
program; and
``(2) <<NOTE: Summary.>> a summary of the activities carried
out under the efficiency grant program.
``(d) Use of Funds.--
``(1) Small systems.--Of the amounts made available for
grants under this section, to the extent that there are
sufficient applications, not less than 15 percent shall be used
for grants to publicly owned treatment works that serve fewer
than 3,300 people.
``(2) Limitation on use of funds.--Of the amounts made
available for grants under this section, not more than 2 percent
may be used to pay the administrative costs of the
Administrator.''.
SEC. 50208. GRANTS FOR CONSTRUCTION AND REFURBISHING OF INDIVIDUAL
HOUSEHOLD DECENTRALIZED WASTEWATER
SYSTEMS FOR INDIVIDUALS WITH LOW OR
MODERATE INCOME.
Title II of the Federal Water Pollution Control Act (33 U.S.C. 1281
et seq.) (as amended by section 50207) is amended by adding at the end
the following:
[[Page 135 STAT. 1166]]
``SEC. 226. <<NOTE: 33 USC 1302d.>> GRANTS FOR CONSTRUCTION AND
REFURBISHING OF INDIVIDUAL HOUSEHOLD
DECENTRALIZED WASTEWATER SYSTEMS FOR
INDIVIDUALS WITH LOW OR MODERATE INCOME.
``(a) Definition of Eligible Individual.--In this section, the term
`eligible individual' means a member of a low-income or moderate-income
household, the members of which have a combined income (for the most
recent 12-month period for which information is available) equal to not
more than 50 percent of the median nonmetropolitan household income for
the State or territory in which the household is located, according to
the most recent decennial census.
``(b) Grant Program.--
``(1) In general.--Subject to the availability of
appropriations, the Administrator shall establish a program
under which the Administrator shall provide grants to private
nonprofit organizations for the purpose of improving general
welfare by providing assistance to eligible individuals--
``(A) for the construction, repair, or replacement
of an individual household decentralized wastewater
treatment system; or
``(B) for the installation of a larger decentralized
wastewater system designed to provide treatment for 2 or
more households in which eligible individuals reside,
if--
``(i) site conditions at the households are
unsuitable for the installation of an individually
owned decentralized wastewater system;
``(ii) multiple examples of unsuitable site
conditions exist in close geographic proximity to
each other; and
``(iii) a larger decentralized wastewater
system could be cost-effectively installed.
``(2) Application.--To be eligible to receive a grant under
this subsection, a private nonprofit organization shall submit
to the Administrator an application at such time, in such
manner, and containing such information as the Administrator
determines to be appropriate.
``(3) Priority.--In awarding grants under this subsection,
the Administrator shall give priority to applicants that have
substantial expertise and experience in promoting the safe and
effective use of individual household decentralized wastewater
systems.
``(4) Administrative expenses.--A private nonprofit
organization may use amounts provided under this subsection to
pay the administrative expenses associated with the provision of
the services described in paragraph (1), as the Administrator
determines to be appropriate.
``(c) Grants.--
``(1) In general.--Subject to paragraph (2), a private
nonprofit organization shall use a grant provided under
subsection (b) for the services described in paragraph (1) of
that subsection.
``(2) Application.--To be eligible to receive the services
described in subsection (b)(1), an eligible individual shall
submit to the private nonprofit organization serving the area in
which the individual household decentralized wastewater system
of the eligible individuals is, or is proposed to be, located an
application at such time, in such manner, and containing such
[[Page 135 STAT. 1167]]
information as the private nonprofit organization determines to
be appropriate.
``(3) Priority.--In awarding grants under this subsection, a
private nonprofit organization shall give priority to any
eligible individual who does not have access to a sanitary
sewage disposal system.
``(d) Report.--Not later than 2 years after the date of enactment of
this section, the Administrator shall submit to the Committee on
Environment and Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives a
report describing the recipients of grants under the program under this
section and the results of the program under this section.
``(e) Authorization of Appropriations.--
``(1) In general.--There is authorized to be appropriated to
the Administrator to carry out this section $50,000,000 for each
of fiscal years 2022 through 2026.
``(2) Limitation on use of funds.--Of the amounts made
available for grants under paragraph (1), not more than 2
percent may be used to pay the administrative costs of the
Administrator.''.
SEC. 50209. CONNECTION TO PUBLICLY OWNED TREATMENT WORKS.
Title II of the Federal Water Pollution Control Act (33 U.S.C. 1281
et seq.) (as amended by section 50208) is amended by adding at the end
the following:
``SEC. 227. <<NOTE: 33 USC 1302e.>> CONNECTION TO PUBLICLY OWNED
TREATMENT WORKS.
``(a) Definitions.--In this section:
``(1) Eligible entity.--The term `eligible entity' means--
``(A) an owner or operator of a publicly owned
treatment works that assists or is seeking to assist
low-income or moderate-income individuals with
connecting the household of the individual to the
publicly owned treatment works; or
``(B) a nonprofit entity that assists low-income or
moderate-income individuals with the costs associated
with connecting the household of the individual to a
publicly owned treatment works.
``(2) Program.--The term `program' means the competitive
grant program established under subsection (b).
``(3) Qualified individual.--The term `qualified individual'
has the meaning given the term `eligible individual' in section
603(j).
``(b) Establishment.--Subject to the availability of appropriations,
the Administrator shall establish a competitive grant program with the
purpose of improving general welfare, under which the Administrator
awards grants to eligible entities to provide funds to assist qualified
individuals in covering the costs incurred by the qualified individual
in connecting the household of the qualified individual to a publicly
owned treatment works.
``(c) Application.--
``(1) <<NOTE: Regulations. Requirement.>> In general.--An
eligible entity seeking a grant under the program shall submit
to the Administrator an application at such time, in such
manner, and containing such information as the Administrator may
by regulation require.
``(2) <<NOTE: Deadline. Notification.>> Requirement.--Not
later than 90 days after the date on which the Administrator
receives an application from an
[[Page 135 STAT. 1168]]
eligible entity under paragraph (1), the Administrator shall
notify the eligible entity of whether the Administrator will
award a grant to the eligible entity under the program.
``(d) Selection Criteria.--In selecting recipients of grants under
the program, the Administrator shall use the following criteria:
``(1) Whether the eligible entity seeking a grant provides
services to, or works directly with, qualified individuals.
``(2) Whether the eligible entity seeking a grant--
``(A) has an existing program to assist in covering
the costs incurred in connecting a household to a
publicly owned treatment works; or
``(B) seeks to create a program described in
subparagraph (A).
``(e) Requirements.--
``(1) Voluntary connection.--Before providing funds to a
qualified individual for the costs described in subsection (b),
an eligible entity shall ensure that--
``(A) the qualified individual has connected to the
publicly owned treatment works voluntarily; and
``(B) if the eligible entity is not the owner or
operator of the publicly owned treatment works to which
the qualified individual has connected, the publicly
owned treatment works to which the qualified individual
has connected has agreed to the connection.
``(2) Reimbursements from publicly owned treatment works.--
An eligible entity that is an owner or operator of a publicly
owned treatment works may reimburse a qualified individual that
has already incurred the costs described in subsection (b) by--
``(A) reducing the amount otherwise owed by the
qualified individual to the owner or operator for
wastewater or other services provided by the owner or
operator; or
``(B) providing a direct payment to the qualified
individual.
``(f) Authorization of Appropriations.--
``(1) In general.--There is authorized to be appropriated to
carry out the program $40,000,000 for each of fiscal years 2022
through 2026.
``(2) Limitations on use of funds.--
``(A) Small systems.--Of the amounts made available
for grants under paragraph (1), to the extent that there
are sufficient applications, not less than 15 percent
shall be used to make grants to--
``(i) eligible entities described in
subsection (a)(1)(A) that are owners and operators
of publicly owned treatment works that serve fewer
than 3,300 people; and
``(ii) eligible entities described in
subsection (a)(1)(B) that provide the assistance
described in that subsection in areas that are
served by publicly owned treatment works that
serve fewer than 3,300 people.
``(B) Administrative costs.--Of the amounts made
available for grants under paragraph (1), not more than
2 percent may be used to pay the administrative costs of
the Administrator.''.
[[Page 135 STAT. 1169]]
SEC. 50210. CLEAN WATER STATE REVOLVING FUNDS.
(a) Use of Funds.--
(1) In general.--Section 603 of the Federal Water Pollution
Control Act (33 U.S.C. 1383) is amended--
(A) in subsection (d), in the matter preceding
paragraph (1), by inserting ``and provided in subsection
(k)'' after ``State law'';
(B) in subsection (i)--
(i) in paragraph (1), in the matter preceding
subparagraph (A), by striking ``, including
forgiveness of principal and negative interest
loans'' and inserting ``(including forgiveness of
principal, grants, negative interest loans, other
loan forgiveness, and through buying, refinancing,
or restructuring debt)''; and
(ii) in paragraph (3), by striking
subparagraph (B) and inserting the following:
``(B) Total amount of subsidization.--
``(i) In general.--For each fiscal year, of
the amount of the capitalization grant received by
the State under this title, the total amount of
additional subsidization made available by a State
under paragraph (1)--
``(I) may not exceed 30 percent; and
``(II) to the extent that there are
sufficient applications for assistance
to communities described in that
paragraph, may not be less than 10
percent.
``(ii) Exclusion.--A loan from the water
pollution control revolving fund of a State with
an interest rate equal to or greater than 0
percent shall not be considered additional
subsidization for purposes of this
subparagraph.''; and
(C) by adding at the end the following:
``(k) Additional Use of Funds.--A State may use an additional 2
percent of the funds annually awarded to each State under this title for
nonprofit organizations (as defined in section 104(w)) or State,
regional, interstate, or municipal entities to provide technical
assistance to rural, small, and tribal publicly owned treatment works
(within the meaning of section 104(b)(8)(B)) in the State.''.
(2) Technical amendment.--Section 104(w) of the Federal
Water Pollution Control Act (33 U.S.C. 1254(w)) is amended by
striking ``treatments works'' and inserting ``treatment works''.
(b) Capitalization Grant Reauthorization.--Section 607 of the
Federal Water Pollution Control Act (33 U.S.C. 1387) is amended to read
as follows:
``SEC. 607. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out the purposes
of this title--
``(1) $2,400,000,000 for fiscal year 2022;
``(2) $2,750,000,000 for fiscal year 2023;
``(3) $3,000,000,000 for fiscal year 2024; and
``(4) $3,250,000,000 for each of fiscal years 2025 and
2026.''.
[[Page 135 STAT. 1170]]
SEC. 50211. WATER INFRASTRUCTURE AND WORKFORCE INVESTMENT.
Section 4304 of the America's Water Infrastructure Act of 2018 (42
U.S.C. 300j-19e) is amended--
(1) in subsection (a)(3)--
(A) in subparagraph (A), by inserting ``Tribal,''
after ``State,''; and
(B) in subparagraph (B), by striking ``community-
based organizations'' and all that follows through the
period at the end and inserting the following:
``community-based organizations and public works
departments or agencies to align water and wastewater
utility workforce recruitment efforts, training
programs, retention efforts, and community resources
with water and wastewater utilities--
``(i) to accelerate career pipelines;
``(ii) to ensure the sustainability of the
water and wastewater utility workforce; and
``(iii) to provide access to workforce
opportunities.'';
(2) in subsection (b)--
(A) in paragraph (1)--
(i) by striking subparagraph (B);
(ii) in subparagraph (A), by striking ``;
and'' at the end and inserting ``, which may
include--''
(iii) in the matter preceding subparagraph
(A), by striking ``program--'' and all that
follows through ``to assist'' in subparagraph (A)
and inserting ``program to assist''; and
(iv) by adding at the end the following:
``(A) expanding the use and availability of
activities and resources that relate to the recruitment,
including the promotion of diversity within that
recruitment, of individuals to careers in the water and
wastewater utility sector;
``(B) expanding the availability of training
opportunities for--
``(i) individuals entering into the water and
wastewater utility sector; and
``(ii) individuals seeking to advance careers
within the water and wastewater utility sector;
and
``(C) expanding the use and availability of
activities and strategies, including the development of
innovative activities and strategies, that relate to the
maintenance and retention of a sustainable workforce in
the water and wastewater utility sector.'';
(B) in paragraph (2)--
(i) in the matter preceding subparagraph (A),
by striking ``institutions--'' and inserting
``institutions, or public works departments and
agencies--''; and
(ii) in subparagraph (A)--
(I) by striking clauses (ii) and
(iii);
(II) in clause (i), by adding ``or''
at the end;
(III) by redesignating clause (i) as
clause (ii);
(IV) by inserting before clause (ii)
(as so redesignated) the following:
``(i) in the development of educational or
recruitment materials and activities, including
those materials and activities that specifically
promote diversity
[[Page 135 STAT. 1171]]
within recruitment, for the water and wastewater
utility workforce;''; and
(V) by adding at the end the
following:
``(iii) developing activities and strategies
that relate to the maintenance and retention of a
sustainable workforce in the water and wastewater
utility sector; and'';
(C) in paragraph (3)--
(i) in subparagraph (D)(ii), by inserting ``or
certification'' after ``training''; and
(ii) in subparagraph (E), by striking ``ensure
that incumbent water and waste water utilities
workers'' and inserting ``are designed to retain
incumbent water and wastewater utility workforce
workers by ensuring that those workers''; and
(D) by striking paragraph (4) and inserting the
following:
``(4) Working group; report.--
``(A) <<NOTE: Coordination.>> In general.--The
Administrator shall establish and coordinate a Federal
interagency working group to address recruitment,
training, and retention challenges in the water and
wastewater utility workforce, which shall include
representatives from--
``(i) the Department of Education;
``(ii) the Department of Labor;
``(iii) the Department of Agriculture;
``(iv) the Department of Veterans Affairs; and
``(v) other Federal agencies, as determined to
be appropriate by the Administrator.
``(B) <<NOTE: Coordination.>> Report.--Not later
than 2 years after the date of enactment of this
subparagraph, the Administrator, in coordination with
the working group established under subparagraph (A),
shall submit to Congress a report describing potential
solutions to recruitment, training, and retention
challenges in the water and wastewater utility
workforce.
``(C) Consultation.--In carrying out the duties of
the working group established under subparagraph (A),
the working group shall consult with State operator
certification programs.
``(5) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $5,000,000 for
each of fiscal years 2022 through 2026.'';
(3) by redesignating subsections (a) and (b) as subsections
(b) and (c), respectively; and
(4) by inserting before subsection (b) (as so redesignated)
the following:
``(a) Definition of Public Works Department or Agency.--In this
section, the term `public works department or agency' means a political
subdivision of a local, county, or regional government that designs,
builds, operates, and maintains water infrastructure, sewage and refuse
disposal systems, and other public water systems and facilities.''.
[[Page 135 STAT. 1172]]
SEC. 50212. GRANTS TO ALASKA TO IMPROVE SANITATION IN RURAL AND
NATIVE VILLAGES.
Section 303 of the Safe Drinking Water Act Amendments of 1996 (33
U.S.C. 1263a) is amended--
(1) in subsection (b), by striking ``50 percent'' and
inserting ``75 percent''; and
(2) in subsection (e), by striking ``this section'' and all
that follows through the period at the end and inserting the
following: ``this section--
``(1) $40,000,000 for each of fiscal years 2022 through
2024;
``(2) $50,000,000 for fiscal year 2025; and
``(3) $60,000,000 for fiscal year 2026.''.
SEC. 50213. <<NOTE: 42 USC 10361 note.>> WATER DATA SHARING PILOT
PROGRAM.
(a) Establishment.--
(1) <<NOTE: Grants.>> In general.--Subject to the
availability of appropriations, the Administrator shall
establish a competitive grant pilot program (referred to in this
section as the ``pilot program'') under which the Administrator
may award grants to eligible entities under subsection (b) to
establish systems that improve the sharing of information
concerning water quality, water infrastructure needs, and water
technology, including cybersecurity technology, between States
or among counties and other units of local government within a
State, which may include--
(A) establishing a website or data hub to exchange
water data, including data on water quality or water
technology, including new and emerging, but proven,
water technology; and
(B) intercounty communications initiatives related
to water data.
(2) Requirements.--
(A) Data sharing.--The Internet of Water principles
developed by the Nicholas Institute for Environmental
Policy Solutions shall, to the extent practicable, guide
any water data sharing efforts under the pilot program.
(B) Use of existing data.--The recipient of a grant
under the pilot program to establish a website or data
hub described in paragraph (1)(A) shall, to the extent
practicable, leverage existing data sharing
infrastructure.
(b) Eligible Entities.--An entity eligible for a grant under the
pilot program is--
(1) a State, county, or other unit of local government
that--
(A) has a coastal watershed with significant
pollution levels;
(B) has a water system with significant pollution
levels; or
(C) has significant individual water infrastructure
deficits; or
(2) a regional consortium established under subsection (d).
(c) <<NOTE: Requirement.>> Applications.--To be eligible to receive
a grant under the pilot program, an eligible entity under subsection (b)
shall submit to the Administrator an application at such time, in such
manner, and containing such information as the Administrator may
require.
(d) Regional Consortia.--
(1) Establishment.--States may establish regional consortia
in accordance with this subsection.
[[Page 135 STAT. 1173]]
(2) Requirements.--A regional consortium established under
paragraph (1) shall--
(A) include not fewer than 2 States that have
entered into a memorandum of understanding--
(i) to exchange water data, including data on
water quality; or
(ii) to share information, protocols, and
procedures with respect to projects that evaluate,
demonstrate, or install new and emerging, but
proven, water technology;
(B) carry out projects--
(i) to exchange water data, including data on
water quality; or
(ii) that evaluate, demonstrate, or install
new and emerging, but proven, water technology;
and
(C) develop a regional intended use plan, in
accordance with paragraph (3), to identify projects to
carry out, including projects using grants received
under this section.
(3) Regional intended use plan.--A regional intended use
plan of a regional consortium established under paragraph (1)--
(A) shall identify projects that the regional
consortium intends to carry out, including projects that
meet the requirements of paragraph (2)(B); and
(B) may include--
(i) projects included in an intended use plan
of a State prepared under section 606(c) of the
Federal Water Pollution Control Act (33 U.S.C.
1386(c)) within the regional consortium; and
(ii) projects not included in an intended use
plan of a State prepared under section 606(c) of
the Federal Water Pollution Control Act (33 U.S.C.
1386(c)) within the regional consortium.
(e) Report.--Not later than 2 years after the date of enactment of
this Act, the Administrator shall submit to Congress a report that
describes the implementation of the pilot program, which shall include--
(1) a description of the use and deployment of amounts made
available under the pilot program; and
(2) an accounting of all grants awarded under the program,
including a description of each grant recipient and each project
funded using a grant under the pilot program.
(f) Funding.--
(1) Authorization of appropriations.--There is authorized to
be appropriated to carry out the pilot program $15,000,000 for
each of fiscal years 2022 through 2026, to remain available
until expended.
(2) Requirement.--Of the funds made available under
paragraph (1), not more than 35 percent may be used to provide
grants to regional consortia established under subsection (d).
SEC. 50214. FINAL RATING OPINION LETTERS.
Section 5028(a)(1)(D)(ii) of the Water Infrastructure Finance and
Innovation Act of 2014 (33 U.S.C. 3907(a)(1)(D)(ii)) is amended by
striking ``final rating opinion letters from at least 2 rating
agencies'' and inserting ``a final rating opinion letter from at least 1
rating agency''.
[[Page 135 STAT. 1174]]
SEC. 50215. WATER INFRASTRUCTURE FINANCING REAUTHORIZATION.
(a) In General.--Section 5033 of the Water Infrastructure Finance
and Innovation Act of 2014 (33 U.S.C. 3912) is amended--
(1) in subsection (a), by adding at the end the following:
``(3) Fiscal years 2022 through 2026.--There is authorized
to be appropriated to the Administrator to carry out this
subtitle $50,000,000 for each of fiscal years 2022 through 2026,
to remain available until expended.'';
(2) in subsection (b)(2)--
(A) in the paragraph heading, by striking ``2020 and
2021'' and inserting ``after 2019''; and
(B) by striking ``2020 and 2021'' and inserting
``2022 through 2026''; and
(3) in subsection (e)(1), by striking ``2020 and 2021'' and
inserting ``2022 through 2026''.
(b) Outreach Plan.--The Water Infrastructure Finance and Innovation
Act of 2014 (33 U.S.C. 3901 et seq.) is amended by adding at the end the
following:
``SEC. 5036. <<NOTE: 33 USC 3915.>> OUTREACH PLAN.
``(a) Definition of Rural Community.--In this section, the term
`rural community' means a city, town, or unincorporated area that has a
population of not more than 10,000 inhabitants.
``(b) <<NOTE: Deadline. Consultation.>> Outreach Required.--Not
later than 180 days after the date of enactment of this section, the
Administrator, in consultation with relevant Federal agencies, shall
develop and begin implementation of an outreach plan to promote
financial assistance available under this subtitle to small communities
and rural communities.''.
SEC. 50216. SMALL AND DISADVANTAGED COMMUNITY ANALYSIS.
(a) <<NOTE: Deadline.>> Analysis.--Not later than 2 years after the
date of enactment of this Act, using environmental justice data of the
Environmental Protection Agency, including data from the environmental
justice mapping and screening tool of the Environmental Protection
Agency, the Administrator shall carry out an analysis under which the
Administrator shall assess the programs under title VI of the Federal
Water Pollution Control Act (33 U.S.C. 1381 et seq.) and section 1452 of
the Safe Drinking Water Act (42 U.S.C. 300j-12) to identify historical
distributions of funds to small and disadvantaged communities and new
opportunities and methods to improve on the distribution of funds under
those programs to low-income communities, rural communities, minority
communities, and communities of indigenous peoples, in accordance with
Executive Order 12898 (42 U.S.C. 4321 note; 60 Fed. Reg. 6381; relating
to Federal actions to address environmental justice in minority
populations and low-income populations).
(b) Requirement.--The analysis under subsection (a) shall include an
analysis, to the extent practicable, of communities in the United States
that do not have access to drinking water or wastewater services.
(c) Report.--On completion of the analysis under subsection (a), the
Administrator shall submit to the Committee on Environment and Public
Works of the Senate and the Committees on Energy and Commerce and
Transportation and Infrastructure of the House of Representatives a
report describing--
(1) the results of the analysis; and
[[Page 135 STAT. 1175]]
(2) the criteria the Administrator used in carrying out the
analysis.
SEC. 50217. <<NOTE: 33 USC 1302f.>> STORMWATER INFRASTRUCTURE
TECHNOLOGY.
(a) Definitions.--In this section:
(1) Center.--The term ``center'' means a center of
excellence for stormwater control infrastructure established
under subsection (b)(1).
(2) Eligible entity.--The term ``eligible entity'' means--
(A) a State, Tribal, or local government; or
(B) a local, regional, or other public entity that
manages stormwater or wastewater resources or other
related water infrastructure.
(3) Eligible institution.--The term ``eligible institution''
means an institution of higher education, a research
institution, or a nonprofit organization--
(A) that has demonstrated excellence in researching
and developing new and emerging stormwater control
infrastructure technologies; and
(B) with respect to a nonprofit organization, the
core mission of which includes water management, as
determined by the Administrator.
(b) Centers of Excellence for Stormwater Control Infrastructure
Technologies.--
(1) Establishment of centers.--
(A) <<NOTE: Grants.>> In general.--Subject to the
availability of appropriations, the Administrator shall
provide grants, on a competitive basis, to eligible
institutions to establish and maintain not less than 3,
and not more than 5, centers of excellence for new and
emerging stormwater control infrastructure technologies,
to be located in various regions throughout the United
States.
(B) General operation.--Each center shall--
(i) conduct research on new and emerging
stormwater control infrastructure technologies
that are relevant to the geographical region in
which the center is located, including stormwater
and sewer overflow reduction, other approaches to
water resource enhancement, alternative funding
approaches, and other environmental, economic, and
social benefits, with the goal of improving the
effectiveness, cost efficiency, and protection of
public safety and water quality;
(ii) <<NOTE: Lists.>> maintain a listing of--
(I) stormwater control
infrastructure needs; and
(II) <<NOTE: Analysis.>> an analysis
of new and emerging stormwater control
infrastructure technologies that are
available;
(iii) <<NOTE: Analysis.>> analyze whether
additional financial programs for the
implementation of new and emerging, but proven,
stormwater control infrastructure technologies
would be useful;
(iv) provide information regarding research
conducted under clause (i) to the national
electronic clearinghouse center for publication on
the Internet website established under paragraph
(3)(B)(i) to provide to the Federal Government and
State, Tribal,
[[Page 135 STAT. 1176]]
and local governments and the private sector
information regarding new and emerging, but
proven, stormwater control infrastructure
technologies;
(v) provide technical assistance to State,
Tribal, and local governments to assist with the
design, construction, operation, and maintenance
of stormwater control infrastructure projects that
use innovative technologies;
(vi) collaborate with institutions of higher
education and private and public organizations,
including community-based public-private
partnerships and other stakeholders, in the
geographical region in which the center is
located; and
(vii) <<NOTE: Coordination.>> coordinate with
the other centers to avoid duplication of efforts.
(2) Application.--To be eligible to receive a grant under
this subsection, an eligible institution shall prepare and
submit to the Administrator an application at such time, in such
form, and containing such information as the Administrator may
require.
(3) National electronic clearinghouse center.--Of the
centers established under paragraph (1)(A), 1 shall--
(A) be designated as the ``national electronic
clearinghouse center''; and
(B) in addition to the other functions of that
center--
(i) <<NOTE: Website.>> develop, operate, and
maintain an Internet website and a public database
that contains information relating to new and
emerging, but proven, stormwater control
infrastructure technologies; and
(ii) <<NOTE: Web posting.>> post to the
website information from all centers.
(4) Authorization of appropriations.--
(A) In general.--There is authorized to be
appropriated to carry out this subsection $5,000,000 for
each of fiscal years 2022 through 2026.
(B) Limitation on use of funds.--Of the amounts made
available for grants under subparagraph (A), not more
than 2 percent may be used to pay the administrative
costs of the Administrator.
(c) Stormwater Control Infrastructure Project Grants.--
(1) Grant authority.--Subject to the availability of
appropriations, the Administrator shall provide grants, on a
competitive basis, to eligible entities to carry out stormwater
control infrastructure projects that incorporate new and
emerging, but proven, stormwater control technologies in
accordance with this subsection.
(2) Stormwater control infrastructure projects.--
(A) Planning and development grants.--The
Administrator may make planning and development grants
under this subsection for the following projects:
(i) Planning and designing stormwater control
infrastructure projects that incorporate new and
emerging, but proven, stormwater control
technologies, including engineering surveys,
landscape plans, maps, long-term operations and
maintenance plans, and implementation plans.
(ii) <<NOTE: Standards.>> Identifying and
developing standards necessary to accommodate
stormwater control infrastructure
[[Page 135 STAT. 1177]]
projects, including those projects that
incorporate new and emerging, but proven,
stormwater control technologies.
(iii) Identifying and developing fee
structures to provide financial support for
design, installation, and operations and
maintenance of stormwater control infrastructure,
including new and emerging, but proven, stormwater
control infrastructure technologies.
(iv) Developing approaches for community-based
public-private partnerships for the financing and
construction of stormwater control infrastructure
technologies, including feasibility studies,
stakeholder outreach, and needs assessments.
(v) Developing and delivering training and
educational materials regarding new and emerging,
but proven, stormwater control infrastructure
technologies for distribution to--
(I) individuals and entities with
applicable technical knowledge; and
(II) the public.
(B) Implementation grants.--The Administrator may
make implementation grants under this subsection for the
following projects:
(i) Installing new and emerging, but proven,
stormwater control infrastructure technologies.
(ii) Protecting or restoring interconnected
networks of natural areas that protect water
quality.
(iii) <<NOTE: Evaluation.>> Monitoring and
evaluating the environmental, economic, or social
benefits of stormwater control infrastructure
technologies that incorporate new and emerging,
but proven, stormwater control technology.
(iv) <<NOTE: Standard.>> Implementing a best
practices standard for stormwater control
infrastructure programs.
(3) <<NOTE: Plans.>> Application.--Except as otherwise
provided in this section, to be eligible to receive a grant
under this subsection, an eligible entity shall prepare and
submit to the Administrator an application at such time, in such
form, and containing such information as the Administrator may
require, including, as applicable--
(A) a description of the stormwater control
infrastructure project that incorporates new and
emerging, but proven, technologies;
(B) a plan for monitoring the impacts and pollutant
load reductions associated with the stormwater control
infrastructure project on the water quality and
quantity;
(C) <<NOTE: Evaluation.>> an evaluation of other
environmental, economic, and social benefits of the
stormwater control infrastructure project; and
(D) a plan for the long-term operation and
maintenance of the stormwater control infrastructure
project and a tracking system, such as asset management
practices.
(4) <<NOTE: Determinations.>> Priority.--In making grants
under this subsection, the Administrator shall give priority to
applications submitted on behalf of--
(A) a community that--
(i) has municipal combined storm and sanitary
sewers in the collection system of the community;
or
[[Page 135 STAT. 1178]]
(ii) is a small, rural, or disadvantaged
community, as determined by the Administrator; or
(B) an eligible entity that will use not less than
15 percent of the grant to provide service to a small,
rural, or disadvantaged community, as determined by the
Administrator.
(5) Maximum amounts.--
(A) Planning and development grants.--
(i) Single grant.--The amount of a single
planning and development grant provided under this
subsection shall be not more than $200,000.
(ii) Aggregate amount.--The total amount of
all planning and development grants provided under
this subsection for a fiscal year shall be not
more than \1/3\ of the total amount made available
to carry out this subsection.
(B) Implementation grants.--
(i) Single grant.--The amount of a single
implementation grant provided under this
subsection shall be not more than $2,000,000.
(ii) Aggregate amount.--The total amount of
all implementation grants provided under this
subsection for a fiscal year shall be not more
than \2/3\ of the total amount made available to
carry out this subsection.
(6) Federal share.--
(A) In general.--Except as provided in subparagraph
(C), the Federal share of a grant provided under this
subsection shall not exceed 80 percent of the total
project cost.
(B) Credit for implementation grants.--The
Administrator shall credit toward the non-Federal share
of the cost of an implementation project carried out
under this subsection the cost of planning, design, and
construction work completed for the project using funds
other than funds provided under this section.
(C) <<NOTE: Waiver.>> Exception.--The Administrator
may waive the Federal share limitation under
subparagraph (A) for an eligible entity that has
adequately demonstrated financial need.
(d) Report to Congress.--Not later than 2 years after the date on
which the Administrator first awards a grant under this section, the
Administrator shall submit to Congress a report that includes, with
respect to the period covered by the report--
(1) a description of all grants provided under this section;
(2) a detailed description of--
(A) the projects supported by those grants; and
(B) the outcomes of those projects;
(3) a description of the improvements in technology,
environmental benefits, resources conserved, efficiencies, and
other benefits of the projects funded under this section;
(4) <<NOTE: Recommenda- tions.>> recommendations for
improvements to promote and support new and emerging, but
proven, stormwater control infrastructure, including research
into new and emerging technologies, for the centers, grants, and
activities under this section; and
[[Page 135 STAT. 1179]]
(5) a description of existing challenges concerning the use
of new and emerging, but proven, stormwater control
infrastructure.
(e) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
carry out this section (except for subsection (b)) $10,000,000
for each of fiscal years 2022 through 2026.
(2) Limitation on use of funds.--Of the amounts made
available for grants under paragraph (1), not more than 2
percent may be used to pay the administrative costs of the
Administrator.
SEC. 50218. WATER REUSE INTERAGENCY WORKING GROUP.
(a) <<NOTE: Deadline. Establishment.>> In General.--Not later than
180 days after the date of enactment of this Act, the Administrator
shall establish a Water Reuse Interagency Working Group (referred to in
this section as the ``Working Group'').
(b) <<NOTE: Coordination.>> Purpose.--The purpose of the Working
Group is to develop and coordinate actions, tools, and resources to
advance water reuse across the United States, including through the
implementation of the February 2020 National Water Reuse Action Plan,
which creates opportunities for water reuse in the mission areas of each
of the Federal agencies included in the Working Group under subsection
(c) (referred to in this section as the ``Action Plan'').
(c) Chairperson; Membership.--The Working Group shall be--
(1) chaired by the Administrator; and
(2) <<NOTE: Determination.>> comprised of senior
representatives from such Federal agencies as the Administrator
determines to be appropriate.
(d) Duties of the Working Group.--In carrying out this section, the
Working Group shall--
(1) with respect to water reuse, leverage the expertise of
industry, the research community, nongovernmental organizations,
and government;
(2) seek to foster water reuse as an important component of
integrated water resources management;
(3) conduct an assessment of new opportunities to advance
water reuse and annually update the Action Plan with new
actions, as necessary, to pursue those opportunities;
(4) seek to coordinate Federal programs and policies to
support the adoption of water reuse;
(5) consider how each Federal agency can explore and
identify opportunities to support water reuse through the
programs and activities of that Federal agency; and
(6) consult, on a regular basis, with representatives of
relevant industries, the research community, and nongovernmental
organizations.
(e) Report.--Not less frequently than once every 2 years, the
Administrator shall submit to Congress a report on the activities and
findings of the Working Group.
(f) Sunset.--
(1) In general.--Subject to paragraph (2), the Working Group
shall terminate on the date that is 6 years after the date of
enactment of this Act.
(2) Extension.--The Administrator may extend the date of
termination of the Working Group under paragraph (1).
[[Page 135 STAT. 1180]]
SEC. 50219. ADVANCED CLEAN WATER TECHNOLOGIES STUDY.
(a) <<NOTE: Deadline.>> In General.--Subject to the availability of
appropriations, not later than 2 years after the date of enactment of
this Act, the Administrator shall carry out a study that examines the
state of existing and potential future technology, including technology
that could address cybersecurity vulnerabilities, that enhances or could
enhance the treatment, monitoring, affordability, efficiency, and safety
of wastewater services provided by a treatment works (as defined in
section 212 of the Federal Water Pollution Control Act (33 U.S.C.
1292)).
(b) Report.--The Administrator shall submit to the Committee on
Environment and Public Works of the Senate and the Committee on Energy
and Commerce of the House of Representatives a report that describes the
results of the study under subsection (a).
SEC. 50220. CLEAN WATERSHEDS NEEDS SURVEY.
Title VI of the Federal Water Pollution Control Act (33 U.S.C. 1381
et seq.) is amended by adding at the end the following:
``SEC. 609. <<NOTE: 33 USC 1389.>> CLEAN WATERSHEDS NEEDS SURVEY.
``(a) <<NOTE: Deadline. Time period.>> Requirement.--Not later than
2 years after the date of enactment of this section, and not less
frequently than once every 4 years thereafter, the Administrator shall--
``(1) <<NOTE: Assessment.>> conduct and complete an
assessment of capital improvement needs for all projects that
are eligible under section 603(c) for assistance from State
water pollution control revolving funds; and
``(2) <<NOTE: Reports.>> submit to Congress a report
describing the results of the assessment completed under
paragraph (1).
``(b) Authorization of Appropriations.--There is authorized to be
appropriated to carry out the initial needs survey under subsection (a)
$5,000,000, to remain available until expended.''.
SEC. 50221. WATER RESOURCES RESEARCH ACT AMENDMENTS.
(a) Clarification of Research Activities.--Section 104(b)(1) of the
Water Resources Research Act of 1984 (42 U.S.C. 10303(b)(1)) is
amended--
(1) in subparagraph (B)(ii), by striking ``water-related
phenomena'' and inserting ``water resources''; and
(2) in subparagraph (D), by striking the period at the end
and inserting ``; and''.
(b) Compliance Report.--Section 104 of the Water Resources Research
Act of 1984 (42 U.S.C. 10303) is amended by striking subsection (c) and
inserting the following:
``(c) Grants.--
``(1) In general.--From the sums appropriated pursuant to
subsection (f), the Secretary shall make grants to each
institute to be matched on a basis of no less than 1 non-Federal
dollar for every 1 Federal dollar.
``(2) Report.--Not later than December 31 of each fiscal
year, the Secretary shall submit to the Committee on Environment
and Public Works of the Senate, the Committee on the Budget of
the Senate, the Committee on Transportation and Infrastructure
of the House of Representatives, and the Committee on the Budget
of the House of Representatives a report regarding the
compliance of each funding recipient with this subsection for
the immediately preceding fiscal year.''.
[[Page 135 STAT. 1181]]
(c) Evaluation of Water Resources Research Program.--Section 104 of
the Water Resources Research Act of 1984 (42 U.S.C. 10303) is amended by
striking subsection (e) and inserting the following:
``(e) <<NOTE: Determinations.>> Evaluation of Water Resources
Research Program.--
``(1) <<NOTE: Time period.>> In general.--The Secretary
shall conduct a careful and detailed evaluation of each
institute at least once every 5 years to determine--
``(A) the quality and relevance of the water
resources research of the institute;
``(B) the effectiveness of the institute at
producing measured results and applied water supply
research; and
``(C) whether the effectiveness of the institute as
an institution for planning, conducting, and arranging
for research warrants continued support under this
section.
``(2) Prohibition on further support.--If, as a result of an
evaluation under paragraph (1), the Secretary determines that an
institute does not qualify for further support under this
section, no further grants to the institute may be provided
until the qualifications of the institute are reestablished to
the satisfaction of the Secretary.''.
(d) Authorization of Appropriations.--Section 104(f)(1) of the Water
Resources Research Act of 1984 (42 U.S.C. 10303(f)(1)) is amended by
striking ``fiscal years 2007 through 2011'' and inserting ``fiscal years
2022 through 2025''.
(e) Additional Appropriations Where Research Focused on Water
Problems of Interstate Nature.--Section 104(g)(1) of the Water Resources
Research Act of 1984 (42 U.S.C. 10303(g)(1)) is amended in the first
sentence by striking ``$6,000,000 for each of fiscal years 2007 through
2011'' and inserting ``$3,000,000 for each of fiscal years 2022 through
2025''.
SEC. 50222. ENHANCED AQUIFER USE AND RECHARGE.
Title I of the Federal Water Pollution Control Act (33 U.S.C. 1251
et seq.) is amended by adding at the end the following:
``SEC. 124. <<NOTE: 33 USC 1276.>> ENHANCED AQUIFER USE AND
RECHARGE.
``(a) In General.--Subject to the availability of appropriations,
the Administrator shall provide funding to carry out groundwater
research on enhanced aquifer use and recharge in support of sole-source
aquifers, of which--
``(1) <<NOTE: Grants.>> not less than 50 percent shall be
used to provide 1 grant to a State, unit of local government, or
Indian Tribe to carry out activities that would directly support
that research; and
``(2) the remainder shall be provided to 1 appropriate
research center.
``(b) Coordination.--As a condition of accepting funds under
subsection (a), the State, unit of local government, or Indian Tribe and
the appropriate research center that receive funds under that subsection
shall establish a formal research relationship for the purpose of
coordinating efforts under this section.
``(c) Authorization of Appropriations.--There is authorized to be
appropriated to the Administrator to carry out this section $5,000,000
for each of fiscal years 2022 through 2026.''.
[[Page 135 STAT. 1182]]
DIVISION F--BROADBAND
TITLE I--BROADBAND GRANTS FOR STATES, DISTRICT OF COLUMBIA, PUERTO RICO,
AND TERRITORIES
SEC. 60101. <<NOTE: 47 USC 1701.>> FINDINGS.
Congress finds the following:
(1) Access to affordable, reliable, high-speed broadband is
essential to full participation in modern life in the United
States.
(2) The persistent ``digital divide'' in the United States
is a barrier to the economic competitiveness of the United
States and equitable distribution of essential public services,
including health care and education.
(3) The digital divide disproportionately affects
communities of color, lower-income areas, and rural areas, and
the benefits of broadband should be broadly enjoyed by all.
(4) In many communities across the country, increased
competition among broadband providers has the potential to offer
consumers more affordable, high-quality options for broadband
service.
(5) The 2019 novel coronavirus pandemic has underscored the
critical importance of affordable, high-speed broadband for
individuals, families, and communities to be able to work,
learn, and connect remotely while supporting social distancing.
SEC. 60102. <<NOTE: 47 USC 1702.>> GRANTS FOR BROADBAND
DEPLOYMENT.
(a) Definitions.--
(1) Areas, locations, and institutions lacking broadband
access.--In this section:
(A) Unserved location.--The term ``unserved
location'' means a broadband-serviceable location, as
determined in accordance with the broadband DATA maps,
that--
(i) has no access to broadband service; or
(ii) lacks access to reliable broadband
service offered with--
(I) a speed of not less than--
(aa) 25 megabits per second
for downloads; and
(bb) 3 megabits per second
for uploads; and
(II) a latency sufficient to support
real-time, interactive applications.
(B) Unserved service project.--The term ``unserved
service project'' means a project in which not less than
80 percent of broadband-serviceable locations served by
the project are unserved locations.
(C) Underserved location.--The term ``underserved
location'' means a location--
(i) that is not an unserved location; and
(ii) as determined in accordance with the
broadband DATA maps, lacks access to reliable
broadband service offered with--
[[Page 135 STAT. 1183]]
(I) a speed of not less than--
(aa) 100 megabits per second
for downloads; and
(bb) 20 megabits per second
for uploads; and
(II) a latency sufficient to support
real-time, interactive applications.
(D) Underserved service project.--The term
``underserved service project'' means a project in which
not less than 80 percent of broadband-serviceable
locations served by the project are unserved locations
or underserved locations.
(E) Eligible community anchor institution.--The term
``eligible community anchor institution'' means a
community anchor institution that lacks access to
gigabit-level broadband service.
(2) Other definitions.--In this section:
(A) Assistant secretary.--The term ``Assistant
Secretary'' means the Assistant Secretary of Commerce
for Communications and Information.
(B) Broadband; broadband service.--The term
``broadband'' or ``broadband service'' has the meaning
given the term ``broadband internet access service'' in
section 8.1(b) of title 47, Code of Federal Regulations,
or any successor regulation.
(C) Broadband data maps.--The term ``broadband DATA
maps'' means the maps created under section 802(c)(1) of
the Communications Act of 1934 (47 U.S.C. 642(c)(1)).
(D) Commission.--The term ``Commission'' means the
Federal Communications Commission.
(E) Community anchor institution.--The term
``community anchor institution'' means an entity such as
a school, library, health clinic, health center,
hospital or other medical provider, public safety
entity, institution of higher education, public housing
organization, or community support organization that
facilitates greater use of broadband service by
vulnerable populations, including low-income
individuals, unemployed individuals, and aged
individuals.
(F) Eligible entity.--The term ``eligible entity''
means a State.
(G) High-cost area.--
(i) <<NOTE: Determination. Consultations.>>
In general.--The term ``high-cost area'' means an
unserved area in which the cost of building out
broadband service is higher, as compared with the
average cost of building out broadband service in
unserved areas in the United States (as determined
by the Assistant Secretary, in consultation with
the Commission), incorporating factors that
include--
(I) the remote location of the area;
(II) the lack of population density
of the area;
(III) the unique topography of the
area;
(IV) a high rate of poverty in the
area; or
(V) any other factor identified by
the Assistant Secretary, in consultation
with the Commission,
[[Page 135 STAT. 1184]]
that contributes to the higher cost of
deploying broadband service in the area.
(ii) Unserved area.--For purposes of clause
(i), the term ``unserved area'' means an area in
which not less than 80 percent of broadband-
serviceable locations are unserved locations.
(H) Location; broadband-serviceable location.--The
terms ``location'' and ``broadband-serviceable
location'' have the meanings given those terms by the
Commission under rules and guidance that are in effect,
as of the date of enactment of this Act.
(I) Priority broadband project.--The term ``priority
broadband project'' means a project designed to--
(i) <<NOTE: Criteria. Determination.>>
provide broadband service that meets speed,
latency, reliability, consistency in quality of
service, and related criteria as the Assistant
Secretary shall determine; and
(ii) ensure that the network built by the
project can easily scale speeds over time to--
(I) meet the evolving connectivity
needs of households and businesses; and
(II) support the deployment of 5G,
successor wireless technologies, and
other advanced services.
(J) Program.--The term ``Program'' means the
Broadband Equity, Access, and Deployment Program
established under subsection (b)(1).
(K) Project.--The term ``project'' means an
undertaking by a subgrantee under this section to
construct and deploy infrastructure for the provision of
broadband service.
(L) <<NOTE: Criteria. Determination.>> Reliable
broadband service.--The term ``reliable broadband
service'' means broadband service that meets performance
criteria for service availability, adaptability to
changing end-user requirements, length of serviceable
life, or other criteria, other than upload and download
speeds, as determined by the Assistant Secretary in
coordination with the Commission.
(M) <<NOTE: Applicability.>> State.--The term
``State'' has the meaning given the term in section 158
of the National Telecommunications and Information
Administration Organization Act (47 U.S.C. 942), except
that that definition shall be applied by striking ``,
and any other territory or possession of the United
States''.
(N) Subgrantee.--The term ``subgrantee'' means an
entity that receives grant funds from an eligible entity
to carry out activities under subsection (f).
(b) <<NOTE: Grants.>> Broadband Equity, Access, and Deployment
Program.--
(1) <<NOTE: Deadline.>> Establishment.--Not later than 180
days after the date of enactment of this Act, the Assistant
Secretary shall establish a grant program, to be known as the
``Broadband Equity, Access, and Deployment Program'', under
which the Assistant Secretary makes grants to eligible entities,
in accordance with this section, to bridge the digital divide.
(2) Authorization of appropriations.--There is authorized to
be appropriated to the Assistant Secretary to carry out the
Program $42,450,000,000.
[[Page 135 STAT. 1185]]
(3) <<NOTE: Notice.>> Obligation timeline.--The Assistant
Secretary shall obligate all amounts appropriated pursuant to
paragraph (2) in an expedient manner after the Assistant
Secretary issues the notice of funding opportunity under
subsection (e)(1).
(4) Technical support and assistance.--
(A) <<NOTE: Consultation.>> Program assistance.--As
part of the Program, the Assistant Secretary, in
consultation with the Commission, shall provide
technical support and assistance to eligible entities to
facilitate their participation in the Program, including
by assisting eligible entities with--
(i) the development of grant applications
under the Program;
(ii) <<NOTE: Plans. Procedures.>> the
development of plans and procedures for
distribution of funds under the Program; and
(iii) <<NOTE: Determination.>> other
technical support as determined by the Assistant
Secretary.
(B) General assistance.--The Assistant Secretary
shall provide technical and other assistance to eligible
entities--
(i) to support the expansion of broadband,
with priority for--
(I) expansion in rural areas; and
(II) eligible entities that
consistently rank below most other
eligible entities with respect to
broadband access and deployment; and
(ii) regarding cybersecurity resources and
programs available through Federal agencies,
including the Election Assistance Commission, the
Cybersecurity and Infrastructure Security Agency,
the Federal Trade Commission, and the National
Institute of Standards and Technology.
(c) Allocation.--
(1) Allocation for high-cost areas.--
(A) <<NOTE: Effective date.>> In general.--On or
after the date on which the broadband DATA maps are made
public, the Assistant Secretary shall allocate to
eligible entities, in accordance with subparagraph (B)
of this paragraph, 10 percent of the amount appropriated
pursuant to subsection (b)(2).
(B) Formula.--The Assistant Secretary shall
calculate the amount allocated to an eligible entity
under subparagraph (A) by--
(i) dividing the number of unserved locations
in high-cost areas in the eligible entity by the
total number of unserved locations in high-cost
areas in the United States; and
(ii) multiplying the quotient obtained under
clause (i) by the amount made available under
subparagraph (A).
(2) Minimum initial allocation.--Of the amount appropriated
pursuant to subsection (b)(2)--
(A) except as provided in subparagraph (B) of this
paragraph, $100,000,000 shall be allocated to each
State; and
(B) $100,000,000 shall be allocated to, and divided
equally among, the United States Virgin Islands, Guam,
American Samoa, and the Commonwealth of the Northern
Mariana Islands.
[[Page 135 STAT. 1186]]
(3) Allocation of remaining amounts.--
(A) <<NOTE: Effective date.>> In general.--On or
after the date on which the broadband DATA maps are made
public, of the amount appropriated pursuant to
subsection (b)(2), the Assistant Secretary shall
allocate to eligible entities, in accordance with
subparagraph (B) of this paragraph, the amount remaining
after compliance with paragraphs (1) and (2) of this
subsection.
(B) Allocation.--The amount allocated to an eligible
entity under subparagraph (B) shall be calculated by--
(i) dividing the number of unserved locations
in the eligible entity by the total number of
unserved locations in the United States; and
(ii) multiplying the quotient obtained under
clause (i) by the amount made available under
subparagraph (A).
(4) Availability conditioned on approval of applications.--
The availability of amounts allocated under paragraph (1), (2),
or (3) to an eligible entity shall be subject to approval by the
Assistant Secretary of the letter of intent, initial proposal,
or final proposal of the eligible entity, as applicable, under
subsection (e).
(5) Contingency procedures.--
(A) Definition.--In this paragraph, the term
``covered application'' means a letter of intent,
initial proposal, or final proposal under this section.
(B) Political subdivisions and consortia.--
(i) Application failures.--The Assistant
Secretary, in carrying out the Program, shall
provide that if an eligible entity fails to submit
a covered application by the applicable deadline,
or a covered application submitted by an eligible
entity is not approved by the applicable deadline,
a political subdivision or consortium of political
subdivisions of the eligible entity may submit the
applicable type of covered application in place of
the eligible entity.
(ii) Treatment of political subdivision or
consortium as eligible entity.--In the case of a
political subdivision or consortium of political
subdivisions that submits a covered application
under clause (i) that is approved by the Assistant
Secretary--
(I) except as provided in subclause
(II) of this clause, any reference in
this section to an eligible entity shall
be deemed to refer to the political
subdivision or consortium; and
(II) any reference in this section
to an eligible entity in a geographic
sense shall be deemed to refer to the
eligible entity in whose place the
political subdivision or consortium
submitted the covered application.
(C) Reallocation to other eligible entities.--
(i) Application failures.--The Assistant
Secretary, in carrying out the Program, shall
provide that if an eligible entity fails to submit
a covered application by the applicable deadline,
or a covered application submitted by an eligible
entity is not approved by the applicable deadline,
as provided in subparagraph
[[Page 135 STAT. 1187]]
(A)), and no political subdivision or consortium
of political subdivisions of the eligible entity
submits a covered application by the applicable
deadline, or no covered application submitted by
such a political subdivision or consortium is
approved by the applicable deadline, as provided
in subparagraph (B), the Assistant Secretary--
(I) shall reallocate the amounts
that would have been available to the
eligible entity pursuant to that type of
covered application to other eligible
entities that submitted that type of
covered application by the applicable
deadline; and
(II) shall reallocate the amounts
described in subclause (I) of this
clause in accordance with the formula
under paragraph (3).
(ii) Failure to use full allocation.--The
Assistant Secretary, in carrying out the Program,
shall provide that if an eligible entity fails to
use the full amount allocated to the eligible
entity under this subsection by the applicable
deadline, the Assistant Secretary--
(I) shall reallocate the unused
amounts to other eligible entities with
approved final proposals; and
(II) shall reallocate the amounts
described in subclause (I) in accordance
with the formula under paragraph (3).
(d) Administrative Expenses.--
(1) Assistant secretary.--The Assistant Secretary may use
not more than 2 percent of amounts appropriated pursuant to
subsection (b) for administrative purposes.
(2) Eligible entities.--
(A) Pre-deployment planning.--An eligible entity may
use not more than 5 percent of the amount allocated to
the eligible entity under subsection (c)(2) for the
planning and pre-deployment activities under subsection
(e)(1)(C).
(B) Administration.--An eligible entity may use not
more than 2 percent of the grant amounts made available
to the eligible entity under subsection (e) for expenses
relating (directly or indirectly) to administration of
the grant.
(e) Implementation.--
(1) Initial program deployment and planning.--
(A) <<NOTE: Deadline.>> Notice of funding
opportunity; process.--Not later than 180 days after the
date of enactment of this Act, the Assistant Secretary
shall--
(i) issue a notice of funding opportunity for
the Program that--
(I) notifies eligible entities of--
(aa) the establishment of
the Program; and
(bb) the amount of the
minimum initial allocation to
each eligible entity under
subsection (c)(2);
(II) invites eligible entities to
submit letters of intent under
subparagraph (B) in order to--
(aa) participate in the
Program; and
[[Page 135 STAT. 1188]]
(bb) receive funding for
planning and pre-deployment
activities under subparagraph
(C);
(III) contains details about the
Program, including an outline of the
requirements for--
(aa) applications for grants
under the Program, which shall
consist of letters of intent,
initial proposals, and final
proposals; and
(bb) allowed uses of grant
amounts awarded under this
section, as provided in
subsection (f); and
(IV) <<NOTE: Determination.>>
includes any other information
determined relevant by the Assistant
Secretary;
(ii) establish a process, in accordance with
subparagraph (C), through which to provide funding
to eligible entities for planning and pre-
deployment activities;
(iii) <<NOTE: Public information. Web
posting.>> develop and make public a standard
online application form that an eligible entity
may use to submit an initial proposal and final
proposal for the grant amounts allocated to the
eligible entity under subsection (c);
(iv) <<NOTE: Publication. Proposals.>> publish
a template--
(I) initial proposal that complies
with paragraph (3)(A); and
(II) final proposal that complies
with paragraph (4)(A); and
(v) <<NOTE: Consultation.>> in consultation
with the Commission, establish standards for how
an eligible entity shall assess the capabilities
and capacities of a prospective subgrantee under
subsection (g)(2)(A).
(B) Letter of intent.--
(i) In general.--An eligible entity that
wishes to participate in the Program shall file a
letter of intent to participate in the Program
consistent with this subparagraph.
(ii) Form and contents.--The Assistant
Secretary may establish the form and contents
required for a letter of intent under this
subparagraph, which contents may include--
(I) details of--
(aa) the existing broadband
program or office of the
eligible entity, including--
(AA) activities that the
program or office currently
conducts;
(BB) the number of
rounds of broadband
deployment grants that the
eligible entity has awarded,
if applicable;
(CC) whether the
eligible entity has an
eligible entity-wide plan
and goal for availability of
broadband, and any relevant
deadlines, as applicable;
and
(DD) the amount of
funding that the eligible
entity has available for
broadband deployment or
other broadband-related
activities, including data
collection and local
planning, and the sources of
that funding, including
whether the funds are
[[Page 135 STAT. 1189]]
from the eligible entity or
from the Federal Government
under the American Rescue
Plan Act of 2021 (Public Law
117-2);
(bb) the number of full-time
employees and part-time
employees of the eligible entity
who will assist in administering
amounts received under the
Program and the duties assigned
to those employees;
(cc) relevant contracted
support; and
(dd) <<NOTE: Timeline. Requiremen
ts.>> the goals of the eligible
entity for the use of amounts
received under the Program, the
process that the eligible entity
will use to distribute those
amounts to subgrantees, the
timeline for awarding subgrants,
and oversight and reporting
requirements that the eligible
entity will impose on
subgrantees;
(II) the identification of known
barriers or challenges to developing and
administering a program to administer
grants received under the Program, if
applicable;
(III) the identification of the
additional capacity needed by the
eligible entity to implement the
requirements under this section, such
as--
(aa) enhancing the capacity
of the broadband program or
office of the eligible entity by
receiving technical assistance
from Federal entities or other
partners, hiring additional
employees, or obtaining support
from contracted entities; or
(bb) acquiring additional
programmatic information or
data, such as through surveys or
asset inventories;
(IV) an explanation of how the needs
described in subclause (III) were
identified and how funds may be used to
address those needs, including target
areas;
(V) details of any relevant
partners, such as organizations that may
inform broadband deployment and adoption
planning; and
(VI) <<NOTE: Determination.>> any
other information determined relevant by
the Assistant Secretary.
(C) <<NOTE: Determinations.>> Planning funds.--
(i) In general.--The Assistant Secretary shall
establish a process through which an eligible
entity, in submitting a letter of intent under
subparagraph (B), may request access to not more
than 5 percent of the amount allocated to the
eligible entity under subsection (c)(2) for use
consistent with this subparagraph.
(ii) Funding availability.--If the Assistant
Secretary approves a request from an eligible
entity under clause (i), the Assistant Secretary
shall make available to the eligible entity an
amount, as determined appropriate by the Assistant
Secretary, that is not more than 5 percent of the
amount allocated to the eligible entity under
subsection (c)(2).
[[Page 135 STAT. 1190]]
(iii) Eligible use.--The Assistant Secretary
shall determine the allowable uses of amounts made
available under clause (ii), which may include--
(I) research and data collection,
including initial identification of
unserved locations and underserved
locations;
(II) the development of a
preliminary budget for pre-planning
activities;
(III) publications, outreach, and
communications support;
(IV) providing technical assistance,
including through workshops and events;
(V) training for employees of the
broadband program or office of the
eligible entity or employees of
political subdivisions of the eligible
entity, and related staffing capacity or
consulting or contracted support; and
(VI) with respect to an office that
oversees broadband programs and
broadband deployment in an eligible
entity, establishing, operating, or
increasing the capacity of such a
broadband office.
(D) Action plan.--
(i) <<NOTE: Time period.>> In general.--An
eligible entity that receives funding from the
Assistant Secretary under subparagraph (C) shall
submit to the Assistant Secretary a 5-year action
plan, which shall--
(I) be informed by collaboration
with local and regional entities; and
(II) detail--
(aa) investment priorities
and associated costs;
(bb) alignment of planned
spending with economic
development, telehealth, and
related connectivity efforts.
(ii) Requirements of action plans.--The
Assistant Secretary shall establish requirements
for the 5-year action plan submitted by an
eligible entity under clause (i), which may
include requirements to--
(I) address local and regional needs
in the eligible entity with respect to
broadband service;
(II) <<NOTE: Proposal.>> propose
solutions for the deployment of
affordable broadband service in the
eligible entity;
(III) include localized data with
respect to the deployment of broadband
service in the eligible entity,
including by identifying locations that
should be prioritized for Federal
support with respect to that deployment;
(IV) ascertain how best to serve
unserved locations in the eligible
entity, whether through the
establishment of cooperatives or public-
private partnerships;
(V) identify the technical
assistance that would be necessary to
carry out the plan; and
(VI) <<NOTE: Assessment.>> assess
the amount of time it would take to
build out universal broadband service in
the eligible entity.
[[Page 135 STAT. 1191]]
(2) Notice of available amounts; invitation to submit
initial and final <<NOTE: Effective date. Coordination.>>
proposals.--On or after the date on which the broadband DATA
maps are made public, the Assistant Secretary, in coordination
with the Commission, shall issue a notice to each eligible
entity that--
(A) contains the estimated amount available to the
eligible entity under subsection (c); and
(B) invites the eligible entity to submit an initial
proposal and final proposal for a grant under this
section, in accordance with paragraphs (3) and (4) of
this subsection.
(3) Initial proposal.--
(A) Submission.--
(i) In general.--After the Assistant Secretary
issues the notice under paragraph (2), an eligible
entity that wishes to receive a grant under this
section shall submit an initial proposal for a
grant, using the online application form developed
by the Assistant Secretary under paragraph
(1)(A)(iii), that--
(I) outlines long-term objectives
for deploying broadband, closing the
digital divide, and enhancing economic
growth and job creation, including--
(aa) information developed
by the eligible entity as part
of the action plan submitted
under paragraph (1)(D), if
applicable; and
(bb) information from any
comparable strategic plan
otherwise developed by the
eligible entity, if applicable;
(II)(aa) identifies, and outlines
steps to support, local and regional
broadband planning processes or ongoing
efforts to deploy broadband or close the
digital divide; and
(bb) describes coordination with
local governments, along with local and
regional broadband planning processes;
(III) identifies existing efforts
funded by the Federal Government or a
State within the jurisdiction of the
eligible entity to deploy broadband and
close the digital divide;
(IV) <<NOTE: Plan.>> includes a plan
to competitively award subgrants to
ensure timely deployment of broadband;
(V) identifies--
(aa) each unserved location
or underserved location under
the jurisdiction of the eligible
entity; and
(bb) each community anchor
institution under the
jurisdiction of the eligible
entity that is an eligible
community anchor institution;
and
(VI) <<NOTE: Certification. Compliance.>>
certifies the intent of the eligible
entity to comply with all applicable
requirements under this section,
including the reporting requirements
under subsection (j)(1).
(ii) Local coordination.--
(I) <<NOTE: Requirements.>> In
general.--The Assistant Secretary shall
establish local coordination
requirements for
[[Page 135 STAT. 1192]]
eligible entities to follow, to the
greatest extent practicable.
(II) Requirements.-- The local
coordination requirements established
under subclause (I) shall include, at
minimum, an opportunity for political
subdivisions of an eligible entity to--
(aa) <<NOTE: Plans.>> submit
plans for consideration by the
eligible entity; and
(bb) comment on the initial
proposal of the eligible entity
before the initial proposal is
submitted to the Assistant
Secretary.
(B) Single initial proposal.--An eligible entity may
submit only 1 initial proposal under this paragraph.
(C) Corrections to initial proposal.--The Assistant
Secretary may accept corrections to the initial proposal
of an eligible entity after the initial proposal has
been submitted.
(D) Consideration of initial proposal.--After
receipt of an initial proposal for a grant under this
paragraph, the Assistant Secretary--
(i) shall acknowledge receipt;
(ii) if the initial proposal is complete--
(I) <<NOTE: Determinations.>> shall
determine whether the use of funds
proposed in the initial proposal--
(aa) complies with
subsection (f);
(bb) is in the public
interest; and
(cc) effectuates the
purposes of this Act;
(II) shall approve or disapprove the
initial proposal based on the
determinations under subclause (I); and
(III) if the Assistant Secretary
approves the initial proposal under
clause (ii)(II), shall make available to
the eligible entity--
(aa) 20 percent of the grant
funds that were allocated to the
eligible entity under subsection
(c); or
(bb) a higher percentage of
the grant funds that were
allocated to the eligible entity
under subsection (c), at the
discretion of the Assistant
Secretary; and
(iii) <<NOTE: Notification.>> if the initial
proposal is incomplete, or is disapproved under
clause (ii)(II), shall notify the eligible entity
and provide the eligible entity with an
opportunity to resubmit the initial proposal.
(E) Consideration of resubmitted initial proposal.--
After receipt of a resubmitted initial proposal for a
grant under this paragraph, the Assistant Secretary--
(i) shall acknowledge receipt;
(ii) if the initial proposal is complete--
(I) <<NOTE: Determinations.>> shall
determine whether the use of funds
proposed in the initial proposal--
(aa) complies with
subsection (f);
(bb) is in the public
interest; and
(cc) effectuates the
purposes of this Act;
(II) shall approve or disapprove the
initial proposal based on the
determinations under subclause (I); and
[[Page 135 STAT. 1193]]
(III) if the Assistant Secretary
approves the initial proposal under
clause (ii)(II), shall make available to
the eligible entity--
(aa) 20 percent of the grant
funds that were allocated to the
eligible entity under subsection
(c); or
(bb) a higher percentage of
the grant funds that were
allocated to the eligible entity
under subsection (c), at the
discretion of the Assistant
Secretary; and
(iii) <<NOTE: Notification.>> if the initial
proposal is incomplete, or is disapproved under
clause (ii)(II), shall notify the eligible entity
and provide the eligible entity with an
opportunity to resubmit the initial proposal.
(4) Final proposal.--
(A) Submission.--
(i) In general.--After the Assistant Secretary
approvals the initial proposal of an eligible
entity under paragraph (3), the eligible entity
may submit a final proposal for the remainder of
the amount allocated to the eligible entity under
subsection (c), using the online application form
developed by the Assistant Secretary under
paragraph (1)(A)(iii), that includes--
(I) <<NOTE: Plan.>> a detailed plan
that specifies how the eligible entity
will--
(aa) <<NOTE: Allocation.>> alloca
te grant funds for the
deployment of broadband networks
to unserved locations and
underserved locations, in
accordance with subsection
(h)(1)(A)(i); and
(bb) align the grant funds
allocated to the eligible entity
under subsection (c), where
practicable, with the use of
other funds that the eligible
entity receives from the Federal
Government, a State, or a
private entity for related
purposes;
(II) <<NOTE: Timeline.>> a timeline
for implementation;
(III) processes for oversight and
accountability to ensure the proper use
of the grant funds allocated to the
eligible entity under subsection (c);
and
(IV) a description of coordination
with local governments, along with local
and regional broadband planning
processes.
(ii) Local coordination.--
(I) <<NOTE: Requirements.>> In
general.--The Assistant Secretary shall
establish local coordination
requirements for eligible entities to
follow, to the greatest extent
practicable.
(II) Requirements.-- The local
coordination requirements established
under subclause (I) shall include, at
minimum, an opportunity for political
subdivisions of an eligible entity to--
(aa) <<NOTE: Plans.>> submit
plans for consideration by the
eligible entity; and
(bb) comment on the final
proposal of the eligible entity
before the final proposal is
submitted to the Assistant
Secretary.
[[Page 135 STAT. 1194]]
(iii) Federal coordination.--To ensure
efficient and effective use of taxpayer funds, an
eligible entity shall, to the greatest extent
practicable, align the use of grant funds proposed
in the final proposal under clause (i) with funds
available from other Federal programs that support
broadband deployment and access.
(B) Single final proposal.--An eligible entity may
submit only 1 final proposal under this paragraph.
(C) Corrections to final proposal.--The Assistant
Secretary may accept corrections to the final proposal
of an eligible entity after the final proposal has been
submitted.
(D) Consideration of final proposal.--After receipt
of a final proposal for a grant under this paragraph,
the Assistant Secretary--
(i) shall acknowledge receipt;
(ii) if the final proposal is complete--
(I) <<NOTE: Determinations.>> shall
determine whether the use of funds
proposed in the final proposal--
(aa) complies with
subsection (f);
(bb) is in the public
interest; and
(cc) effectuates the
purposes of this Act;
(II) shall approve or disapprove the
final proposal based on the
determinations under subclause (I); and
(III) if the Assistant Secretary
approves the final proposal under clause
(ii)(II), shall make available to the
eligible entity the remainder of the
grant funds allocated to the eligible
entity under subsection (c); and
(iii) <<NOTE: Notification.>> if the final
proposal is incomplete, or is disapproved under
clause (ii)(II), shall notify the eligible entity
and provide the eligible entity with an
opportunity to resubmit the final proposal.
(E) Consideration of resubmitted final proposal.--
After receipt of a resubmitted final proposal for a
grant under this paragraph, the Assistant Secretary--
(i) shall acknowledge receipt;
(ii) if the final proposal is complete--
(I) <<NOTE: Determinations.>> shall
determine whether the use of funds
proposed in the final proposal--
(aa) complies with
subsection (f);
(bb) is in the public
interest; and
(cc) effectuates the
purposes of this Act;
(II) shall approve or disapprove the
final proposal based on the
determinations under subclause (I); and
(III) if the Assistant Secretary
approves the final proposal under clause
(ii)(II), shall make available to the
eligible entity the remainder of the
grant funds allocated to the eligible
entity under subsection (c); and
(iii) <<NOTE: Notification.>> if the final
proposal is incomplete, or is disapproved under
clause (ii)(II), shall notify the eligible entity
and provide the eligible entity with an
opportunity to resubmit the final proposal.
[[Page 135 STAT. 1195]]
(f) Use of Funds.--An eligible entity may use grant funds received
under this section to competitively award subgrants for--
(1) unserved service projects and underserved service
projects;
(2) connecting eligible community anchor institutions;
(3) data collection, broadband mapping, and planning;
(4) installing internet and Wi-Fi infrastructure or
providing reduced-cost broadband within a multi-family
residential building, with priority given to a residential
building that--
(A) has a substantial share of unserved households;
or
(B) is in a location in which the percentage of
individuals with a household income that is at or below
150 percent of the poverty line applicable to a family
of the size involved (as determined under section 673(2)
of the Community Services Block Grant Act (42 U.S.C.
9902(2)) is higher than the national percentage of such
individuals;
(5) broadband adoption, including programs to provide
affordable internet-capable devices; and
(6) <<NOTE: Determination.>> any use determined necessary by
the Assistant Secretary to facilitate the goals of the Program.
(g) General Program Requirements.--
(1) Subgrantee obligations.--A subgrantee, in carrying out
activities using amounts received from an eligible entity under
this section--
(A) shall adhere to quality-of-service standards, as
established by the Assistant Secretary;
(B) <<NOTE: Compliance. Consultation.>> shall comply
with prudent cybersecurity and supply chain risk
management practices, as specified by the Assistant
Secretary, in consultation with the Director of the
National Institute of Standards and Technology and the
Commission;
(C) shall incorporate best practices, as defined by
the Assistant Secretary, for ensuring reliability and
resilience of broadband infrastructure; and
(D) may not use the amounts to purchase or support--
(i) any covered communications equipment or
service, as defined in section 9 of the Secure and
Trusted Communications Networks Act of 2019 (47
U.S.C. 1608); or
(ii) <<NOTE: Waiver.>> fiber optic cable and
optical transmission equipment manufactured in the
People's Republic of China, except that the
Assistant Secretary may waive the application of
this clause with respect to a project if the
eligible entity that awards a subgrant for the
project shows that such application would
unreasonably increase the cost of the project.
(2) Eligible entity obligations.--In distributing funds to
subgrantees under this section, an eligible entity shall--
(A) ensure that any prospective subgrantee--
(i) is capable of carrying out activities
funded by the subgrant in a competent manner in
compliance with all applicable Federal, State, and
local laws;
(ii) has the financial and managerial capacity
to meet--
(I) the commitments of the
subgrantee under the subgrant;
[[Page 135 STAT. 1196]]
(II) the requirements of the
Program; and
(III) such requirements as may be
further prescribed by the Assistant
Secretary; and
(iii) has the technical and operational
capability to provide the services promised in the
subgrant in the manner contemplated by the
subgrant award;
(B) <<NOTE: Contracts.>> stipulate, in any contract
with a subgrantee for the use of such funds, reasonable
provisions for recovery of funds for nonperformance; and
(C)(i) distribute the funds in an equitable and non-
discriminatory manner; and
(ii) <<NOTE: Contracts.>> ensure, through a
stipulation in any contract with a subgrantee for the
use of such funds, that each subgrantee uses the funds
in an equitable and nondiscriminatory manner.
(3) Deobligation of awards; internet disclosure.--The
Assistant Secretary--
(A) <<NOTE: Coordination.>> shall establish, in
coordination with relevant Federal and State partners,
appropriate mechanisms to ensure appropriate use of
funds made available under this section;
(B) may, in addition to other authority under
applicable law--
(i) deobligate grant funds awarded to an
eligible entity that--
(I) violates paragraph (2); or
(II) demonstrates an insufficient
level of performance, or wasteful or
fraudulent spending, as defined in
advance by the Assistant Secretary; and
(ii) award grant funds that are deobligated
under clause (i) to new or existing applicants
consistent with this section; and
(C) <<NOTE: Database. Web posting. Public
information.>> shall create and maintain a fully
searchable database, accessible on the internet at no
cost to the public, that contains information sufficient
to allow the public to understand and monitor grants and
subgrants awarded under the Program.
(h) Broadband Network Deployment.--
(1) Order of awards; priority.--
(A) In general.--An eligible entity, in awarding
subgrants for the deployment of a broadband network
using grant funds received under this section, as
authorized under subsection (f)(1)--
(i) shall award funding in a manner that--
(I) prioritizes unserved service
projects;
(II) after certifying to the
Assistant Secretary that the eligible
entity will ensure coverage of broadband
service to all unserved locations within
the eligible entity, prioritizes
underserved service projects; and
(III) after prioritizing underserved
service projects, provides funding to
connect eligible community anchor
institutions;
(ii) in providing funding under subclauses
(I), (II), and (III) of clause (i), shall
prioritize funding for deployment of broadband
infrastructure for priority broadband projects;
[[Page 135 STAT. 1197]]
(iii) may not exclude cooperatives, nonprofit
organizations, public-private partnerships,
private companies, public or private utilities,
public utility districts, or local governments
from eligibility for such grant funds; and
(iv) shall give priority to projects based
on--
(I) deployment of a broadband
network to persistent poverty counties
or high-poverty areas;
(II) the speeds of the proposed
broadband service;
(III) the expediency with which a
project can be completed; and
(IV) a demonstrated record of and
plans to be in compliance with Federal
labor and employment laws.
(B) Authority of assistant secretary.--The Assistant
Secretary may provide additional guidance on the
prioritization of subgrants awarded for the deployment
of a broadband network using grant funds received under
this section.
(2) Challenge process.--
(A) In general.--After submitting an initial
proposal under subsection (e)(3) and before allocating
grant funds received under this section for the
deployment of broadband networks, an eligible entity
shall ensure a transparent, evidence-based, and
expeditious challenge process under which a unit of
local government, nonprofit organization, or other
broadband service provider can challenge a determination
made by the eligible entity in the initial proposal as
to whether a particular location or community anchor
institution within the jurisdiction of the eligible
entity is eligible for the grant funds, including
whether a particular location is unserved or
underserved.
(B) Final identification; notification of funding
eligibility.--After <<NOTE: Deadline.>> resolving each
challenge under subparagraph (A), and not later than 60
days before allocating grant funds received under this
section for the deployment of broadband networks, an
eligible entity shall provide public notice of the final
classification of each unserved location, underserved
location, or eligible community anchor institution
within the jurisdiction of the eligible entity.
(C) <<NOTE: Notification.>> Consultation with
ntia.--An eligible entity shall notify the Assistant
Secretary of any modification to the initial proposal of
the eligible entity submitted under subsection (e)(3)
that is necessitated by a successful challenge under
subparagraph (A) of this paragraph.
(D) NTIA authority.--The Assistant Secretary--
(i) may modify the challenge process required
under subparagraph (A) as necessary; and
(ii) may reverse the determination of an
eligible entity with respect to the eligibility of
a particular location or community anchor
institution for grant funds under this section.
(E) Expediting broadband data collection
activities.--
[[Page 135 STAT. 1198]]
(i) Deadline for resolution of challenge
process under broadband data act.--Section
802(b)(5)(C)(i) of the Communications Act of 1934
(47 U.S.C. 642(b)(5)(C)(i)) is amended by striking
``challenges'' and inserting the following:
``challenges, which shall require that the
Commission resolve a challenge not later than 90
days after the date on which a final response by a
provider to a challenge to the accuracy of a map
or information described in subparagraph (A) is
complete''.
(ii) Paperwork reduction act exemption
expansion.--Section 806(b) of the Communications
Act of 1934 (47 U.S.C. 646(b)) is amended by
striking ``the initial rule making required under
section 802(a)(1)'' and inserting ``any rule
making or other action by the Commission required
under this title''.
(iii) Implementation.--The Commission shall
implement the amendments made by this subparagraph
as soon as possible after the date of enactment of
this Act.
(3) Non-federal share of broadband infrastructure deployment
costs.--
(A) In general.--
(i) Matching requirement.--In allocating grant
funds received under this section for deployment
of broadband networks, an eligible entity shall
provide, or require a subgrantee to provide, a
contribution, derived from non-Federal funds (or
funds from a Federal regional commission or
authority), except in high-cost areas or as
otherwise provided by this Act, of not less than
25 percent of project costs.
(ii) Waiver.--Upon request by an eligible
entity or a subgrantee, the Assistant Secretary
may reduce or waive the required matching
contribution under clause (i).
(B) Source of match.--A matching contribution under
subparagraph (A)--
(i) may be provided by an eligible entity, a
unit of local government, a utility company, a
cooperative, a nonprofit organization, a for-
profit company, regional planning or governmental
organization, a Federal regional commission or
authority, or any combination thereof;
(ii) may include in-kind contributions; and
(iii) may include funds that were provided to
an eligible entity or a subgrantee--
(I) under--
(aa) the Families First
Coronavirus Response Act (Public
Law 116-127; 134 Stat. 178);
(bb) the CARES Act (Public
Law 116-136; 134 Stat. 281);
(cc) the Consolidated
Appropriations Act, 2021 (Public
Law 116-260; 134 Stat. 1182);
(dd) the American Rescue
Plan Act of 2021 (Public Law
117-2; 135 Stat. 4); or
[[Page 135 STAT. 1199]]
(ee) any amendment made by
an Act described in any of items
(aa) through (dd); and
(II) for the purpose of deployment
of broadband service, as described in
the applicable provision of law
described in subclause (I).
(C) Definition.--For purposes of this paragraph, the
term ``Federal regional commission or authority''
means--
(i) the Appalachian Regional Commission;
(ii) the Delta Regional Authority;
(iii) the Denali Commission; and
(iv) the Northern Border Regional Commission.
(4) Deployment and provision of service requirements.--An
entity that receives a subgrant under subsection (f)(1) for the
deployment of a broadband network--
(A) in providing broadband service using the
network--
(i) shall provide broadband service--
(I) at a speed of not less than 100
megabits per second for downloads and 20
megabits per second for uploads;
(II) with a latency that is
sufficiently low to allow reasonably
foreseeable, real-time, interactive
applications; and
(III) <<NOTE: Time period.>> with
network outages that do not exceed, on
average, 48 hours over any 365-day
period; and
(ii) shall provide access to broadband service
to each customer served by the project that
desires broadband service;
(B) shall offer not less than 1 low-cost broadband
service option for eligible subscribers, as those terms
are defined in paragraph (5) of this subsection;
(C) <<NOTE: Deadline.>> shall deploy the broadband
network and begin providing broadband service to each
customer that desires broadband service not later than 4
years after the date on which the entity receives the
subgrant, except that an eligible entity may extend the
deadline under this subparagraph if--
(i) the eligible entity has a plan for use of
the grant funds;
(ii) the construction project is underway; or
(iii) extenuating circumstances require an
extension of time to allow the project to be
completed;
(D) for any project that involves laying fiber optic
cables or conduit underground or along a roadway, shall
include interspersed conduit access points at regular
and short intervals;
(E) may use the subgrant to deploy broadband
infrastructure in or through any area required to reach
interconnection points or otherwise to ensure the
technical feasibility and financial sustainability of a
project providing broadband service to an unserved
location, underserved location, or eligible community
anchor institution;
(F) <<NOTE: Public information. Web posting.>> once
the network has been deployed, shall provide public
notice, online and through other means, of that fact to
the locations and areas to which broadband service
[[Page 135 STAT. 1200]]
has been provided and share the public notice with the
eligible entity that awarded the subgrant;
(G) shall carry out public awareness campaigns in
service areas that are designed to highlight the value
and benefits of broadband service in order to increase
the adoption of broadband service by consumers; and
(H) if the entity is no longer able to provide
broadband service to the locations covered by the
subgrant at any time, shall sell the network capacity at
a reasonable, wholesale rate on a nondiscriminatory
basis to other broadband service providers or public
sector entities.
(5) Low-cost broadband service option.--
(A) Definitions.--In this paragraph--
(i) the term ``eligible subscriber'' shall
have the meaning given the term by the Assistant
Secretary for purposes of this paragraph; and
(ii) the term ``low-cost broadband service
option'' shall be defined by an eligible entity
for subgrantees of the eligible entity in
accordance with subparagraph (B).
(B) Defining ``low-cost broadband service
option''.--
(i) Proposal.--An eligible entity shall submit
to the Assistant Secretary for approval, in the
final proposal of the eligible entity submitted
under subsection (e)(4), a proposed definition of
``low-cost broadband service option'' that shall
apply to subgrantees of the eligible entity for
purposes of the requirement under paragraph (4)(B)
of this subsection.
(ii) Consultation.--An eligible entity shall
consult with the Assistant Secretary and
prospective subgrantees regarding a proposed
definition of ``low-cost broadband service
option'' before submitting the proposed definition
to the Assistant Secretary under clause (i).
(iii) Approval of assistant secretary.--
(I) <<NOTE: Effective date.>> In
general.--A proposed definition of
``low-cost broadband service option''
submitted by an eligible entity under
clause (i) shall not take effect until
the Assistant Secretary approves the
final proposal of the eligible entity
submitted under subsection (e)(4),
including approval of the proposed
definition of ``low-cost broadband
service option''.
(II) Resubmission.--If the Assistant
Secretary does not approve a proposed
definition of ``low-cost broadband
service option'' submitted by an
eligible entity under clause (i), the
Assistant Secretary shall--
(aa) <<NOTE: Notification.>>
notify the eligible entity and
provide the eligible entity with
an opportunity to resubmit the
final proposal, as provided in
subsection (e)(4), with an
improved definition of ``low-
cost broadband service option'';
and
(bb) provide the eligible
entity with instructions on how
to cure the defects in the
proposed definition.
[[Page 135 STAT. 1201]]
(iv) Public disclosure.--After the Assistant
Secretary approves the final proposal of an
eligible entity under subsection (e)(4), and
before the Assistant Secretary disburses any funds
to the eligible entity based on that approval, the
Assistant Secretary shall publicly disclose the
eligible entity's definition of ``low-cost
broadband service option''.
(C) <<NOTE: Procedures.>> Nonperformance.--The
Assistant Secretary shall develop procedures under which
the Assistant Secretary or an eligible entity may--
(i) <<NOTE: Evaluation.>> evaluate the
compliance of a subgrantee with the requirement
under paragraph (4)(B); and
(ii) take corrective action, including
recoupment of funds from the subgrantee, for
noncompliance with the requirement under paragraph
(4)(B).
(D) No regulation of rates permitted.--Nothing in
this title may be construed to authorize the Assistant
Secretary or the National Telecommunications and
Information Administration to regulate the rates charged
for broadband service.
(E) Guidance.--The Assistant Secretary may issue
guidance to eligible entities to carry out the purposes
of this paragraph.
(6) Return of funds.--An entity that receives a subgrant
from an eligible entity under subsection (f) and fails to comply
with any requirement under this subsection shall return up to
the entire amount of the subgrant to the eligible entity, at the
discretion of the eligible entity or the Assistant Secretary.
(i) Regulations.--The Assistant Secretary may issue such regulations
or other guidance, forms, instructions, and publications as may be
necessary or appropriate to carry out the programs, projects, or
activities authorized under this section, including to ensure that those
programs, projects, or activities are completed in a timely and
effective manner.
(j) Reporting.--
(1) Eligible entities.--
(A) Initial report.--Not later than 90 days after
receiving grant funds under this section, for the sole
purposes of providing transparency and providing
information to inform future Federal broadband planning,
an eligible entity shall submit to the Assistant
Secretary a report that--
(i) describes the planned and actual use of
funds;
(ii) describes the planned and actual process
of subgranting;
(iii) identifies the establishment of
appropriate mechanisms by the eligible entity to
ensure that all subgrantees of the eligible entity
comply with the eligible uses prescribed under
subsection (f); and
(iv) includes any other information required
by the Assistant Secretary.
(B) <<NOTE: Time period.>> Semiannual report.--Not
later than 1 year after receiving grant funds under this
section, and semiannually thereafter until the funds
have been expended, an eligible entity shall submit to
the Assistant Secretary a report, with respect to the 6-
month period immediately preceding the report date,
that--
[[Page 135 STAT. 1202]]
(i) describes how the eligible entity expended
the grant funds;
(ii) describes each service provided with the
grant funds;
(iii) describes the number of locations at
which broadband service was made available using
the grant funds, and the number of those locations
at which broadband service was utilized; and
(iv) <<NOTE: Certification.>> certifies that
the eligible entity complied with the requirements
of this section and with any additional reporting
requirements prescribed by the Assistant
Secretary.
(C) Final report.--Not later than 1 year after an
eligible entity has expended all grant funds received
under this section, the eligible entity shall submit to
the Assistant Secretary a report that--
(i) describes how the eligible entity expended
the funds;
(ii) describes each service provided with the
grant funds;
(iii) describes the number of locations at
which broadband service was made available using
the grant funds, and the number of those locations
at which broadband service was utilized;
(iv) includes each report that the eligible
entity received from a subgrantee under paragraph
(2); and
(v) <<NOTE: Certification.>> certifies that
the eligible entity complied with the requirements
of this section and with any additional reporting
requirements prescribed by the Assistant
Secretary.
(D) <<NOTE: Coordination. Determination.>> Provision
to fcc and usda.--Subject to section 904(b)(2) of
division FF of the Consolidated Appropriations Act, 2021
(Public Law 116-260) (relating to an interagency
agreement), the Assistant Secretary shall coordinate
with the Commission and the Department of Agriculture,
including providing the final reports received under
subparagraph (C) to the Commission and the Department of
Agriculture to be used when determining whether to award
funds for the deployment of broadband under any program
administered by those agencies.
(E) Federal agency reporting requirement.--
(i) Definitions.--In this subparagraph, the
terms ``agency'' and ``Federal broadband support
program'' have the meanings given those terms in
section 903 of division FF of the Consolidated
Appropriations Act, 2021 (Public Law 116-260)
(also known as the ``ACCESS BROADBAND Act'').
(ii) <<NOTE: Data.>> Requirement.--An agency
that offers a Federal broadband support program
shall provide data to the Assistant Secretary, in
a manner and format prescribed by the Assistant
Secretary, to promote coordination of efforts to
track construction and use of broadband
infrastructure.
(2) Subgrantees.--
(A) Semiannual report.--The recipient of a subgrant
from an eligible entity under this section shall submit
to the eligible entity a semiannual report for the
duration
[[Page 135 STAT. 1203]]
of the subgrant to track the effectiveness of the use of
funds provided.
(B) Contents.--Each report submitted under
subparagraph (A) shall--
(i) describe each type of project carried out
using the subgrant and the duration of the
subgrant;
(ii) in the case of a broadband infrastructure
project--
(I) <<NOTE: List.>> include a list
of addresses or locations that
constitute the service locations that
will be served by the broadband
infrastructure to be constructed;
(II) identify whether each address
or location described in subclause (I)
is residential, commercial, or a
community anchor institution;
(III) describe the types of
facilities that have been constructed
and installed;
(IV) describe the peak and off-peak
actual speeds of the broadband service
being offered;
(V) describe the maximum advertised
speed of the broadband service being
offered;
(VI) describe the non-promotional
prices, including any associated fees,
charged for different tiers of broadband
service being offered;
(VII) include any other data that
would be required to comply with the
data and mapping collection standards of
the Commission under section 1.7004 of
title 47, Code of Federal Regulations,
or any successor regulation, for
broadband infrastructure projects; and
(VIII) <<NOTE: Compliance. Determination.
>> comply with any other reasonable
reporting requirements determined by the
eligible entity or the Assistant
Secretary; and
(iii) <<NOTE: Certification.>> certify that
the information in the report is accurate.
(3) Standardization and coordination.--The Assistant
Secretary and the Commission shall collaborate to--
(A) standardize and coordinate reporting of
locations at which broadband service was provided using
grant funds received under this section in accordance
with title VIII of the Communications Act of 1934 (47
U.S.C. 641 et seq.); and
(B) provide a standardized methodology to recipients
of grants and subgrantees under this section for
reporting the information described in subparagraph (A).
(4) Information on broadband subsidies and low-income
plans.--
(A) <<NOTE: Deadline. Consultation. Public
information.>> Establishment of website.--Not later
than 2 years after the date of enactment of this Act,
the Assistant Secretary, in consultation with the
Commission, shall establish a publicly available website
that--
(i) allows a consumer to determine, based on
financial information entered by the consumer,
whether the consumer is eligible--
(I) to receive a Federal or State
subsidy with respect to broadband
service; or
(II) for a low-income plan with
respect to broadband service; and
[[Page 135 STAT. 1204]]
(ii) contains information regarding how to
apply for the applicable benefit described in
clause (i).
(B) Provision of data.--A Federal entity, State
entity receiving Federal funds, or provider of broadband
service that offers a subsidy or low-income plan, as
applicable, with respect to broadband service shall
provide data to the Assistant Secretary in a manner and
format as established by the Assistant Secretary as
necessary for the Assistant Secretary to carry out
subparagraph (A).
(k) Relation to Other Public Funding.--Notwithstanding any other
provision of law--
(1) an entity that has received amounts from the Federal
Government or a State or local government for the purpose of
expanding access to broadband service may receive a subgrant
under subsection (f) in accordance with this section; and
(2) the receipt of a subgrant under subsection (f) by an
entity described in paragraph (1) of this subsection shall not
affect the eligibility of the entity to receive the amounts from
the Federal Government or a State or local government described
in that paragraph.
(l) Supplement Not Supplant.--Grant funds awarded to an eligible
entity under this section shall be used to supplement, and not supplant,
the amounts that the eligible entity would otherwise make available for
the purposes for which the grant funds may be used.
(m) Sense of Congress Regarding Federal Agency Coordination.--It is
the sense of Congress that Federal agencies responsible for supporting
broadband deployment, including the Commission, the Department of
Commerce, and the Department of Agriculture, to the extent possible,
should align the goals, application and reporting processes, and project
requirements with respect to broadband deployment supported by those
agencies.
(n) Judicial Review.--
(1) In general.--The United States District Court for the
District of Columbia shall have exclusive jurisdiction to review
a decision of the Assistant Secretary made under this section.
(2) Standard of review.--In carrying out any review
described in paragraph (1), the court shall affirm the decision
of the Assistant Secretary unless--
(A) the decision was procured by corruption, fraud,
or undue means;
(B) there was actual partiality or corruption in the
Assistant Secretary; or
(C) the Assistant Secretary was guilty of--
(i) misconduct in refusing to review the
administrative record; or
(ii) any other misbehavior by which the rights
of any party have been prejudiced.
(o) Exemption From Certain Laws.--Any action taken or decision made
by the Assistant Secretary under this section shall be exempt from the
requirements of--
(1) section 3506 of title 44, United States Code (commonly
referred to as the ``Paperwork Reduction Act'');
(2) chapter 5 or 7 of title 5, United States Code (commonly
referred to as the ``Administrative Procedures Act''); and
[[Page 135 STAT. 1205]]
(3) chapter 6 of title 5, United States Code (commonly
referred to as the ``Regulatory Flexibility Act'').
SEC. 60103. <<NOTE: 47 USC 1703.>> BROADBAND DATA MAPS.
(a) Definition.--In this section, the term ``Commission'' means the
Federal Communications Commission.
(b) Provision of Information.--A broadband provider shall provide
the Commission with any information, in the format, type, or
specification requested by the Commission, necessary to augment the
collection of data by the Commission under--
(1) title VIII of the Communications Act of 1934 (47 U.S.C.
641 et seq.); or
(2) the Form 477 data collection program.
(c) Notice of Initial Broadband DATA Collection Filing Deadline.--
The Commission--
(1) shall provide notice to broadband providers not later
than 60 days before the initial deadline for submission of data
under section 802(a)(1)(A) of the Communications Act of 1934 (47
U.S.C. 642(a)(1)(A)); and
(2) notwithstanding any prior decision of the Commission to
the contrary, shall not be required to provide notice not later
than 6 months before the initial deadline described in paragraph
(1).
(d) Availability of Census Data.--
(1) In general.--Section 802(b)(1) of the Communications Act
of 1934 (47 U.S.C. 802(b)(1)) is amended by adding at the end
the following:
``(D) Availability of census data.--The Secretary of
Commerce shall submit to the Commission, for inclusion
in the Fabric, a count of the aggregate number of
housing units in each census block, as collected by the
Bureau of the Census.''.
(2) Provision of updated 2020 census data.--Not later than
30 days after receiving a request from the Commission, the
Secretary of Commerce, in implementing the amendment made by
paragraph (1), shall provide the Commission with a count of the
aggregate number of housing units in each census block, as
collected during the 2020 decennial census of population.
(e) Publication of Broadband DATA Maps on Internet.--Section
802(c)(6) of the Communications Act of 1934 (47 U.S.C. 642(c)(6)) is
amended, in the matter preceding paragraph (6), by inserting ``,
including on a publicly available website,'' after ``make public''.
SEC. 60104. REPORT ON FUTURE OF UNIVERSAL SERVICE FUND.
(a) Definitions.--In this section--
(1) the term ``Commission'' means the Federal Communications
Commission; and
(2) the term ``universal service goals for broadband'' means
the statutorily mandated goals of universal service for advanced
telecommunications capability under section 706 of the
Telecommunications Act of 1996 (47 U.S.C. 1302).
(b) <<NOTE: Deadline.>> Evaluation.--Not later than 30 days after
the date of enactment of this Act, the Commission shall commence a
proceeding to evaluate the implications of this Act and the amendments
made by this Act on how the Commission should achieve the universal
service goals for broadband.
[[Page 135 STAT. 1206]]
(c) Report.--
(1) In general.--Not later than 270 days after the date of
enactment of this Act, the Commission shall submit to Congress a
report on the options of the Commission for improving its
effectiveness in achieving the universal service goals for
broadband in light of this Act and the amendments made by this
Act, and other legislation that addresses those goals.
(2) Recommendations.--In the report submitted under
paragraph (1), the Commission may make recommendations for
Congress on further actions the Commission and Congress could
take to improve the ability of the Commission to achieve the
universal service goals for broadband.
(3) Scope of universal service.--In submitting the report
under paragraph (1), the Commission--
(A) may not in any way reduce the congressional
mandate to achieve the universal service goals for
broadband; and
(B) <<NOTE: Recommenda- tions.>> may provide
recommendations for Congress to expand the universal
service goals for broadband, if the Commission believes
such an expansion is in the public interest.
SEC. 60105. <<NOTE: 47 USC 1704.>> BROADBAND DEPLOYMENT LOCATIONS
MAP.
(a) Definitions.--In this section:
(1) Broadband infrastructure.--The term ``broadband
infrastructure'' means any cables, fiber optics, wiring, or
other permanent (integral to the structure) infrastructure,
including wireless infrastructure, that--
(A) is capable of providing access to internet
connections in individual locations; and
(B) is an advanced telecommunications capability, as
defined in section 706(d) of the Telecommunications Act
of 1996 (47 U.S.C. 1302(d)).
(2) Commission.--The term ``Commission'' means the Federal
Communications Commission.
(3) Deployment locations map.--The term ``Deployment
Locations Map'' means the mapping tool required to be
established under subsection (b).
(b) <<NOTE: Deadline. Consultation.>> Establishment of Deployment
Locations Map.--Not later than 18 months after the date of enactment of
this Act, the Commission shall, in consultation with all relevant
Federal agencies, establish an online mapping tool to provide a
locations overview of the overall geographic footprint of each broadband
infrastructure deployment project funded by the Federal Government.
(c) Requirements.--The Deployment Locations Map shall be--
(1) the centralized, authoritative source of information on
funding made available by the Federal Government for broadband
infrastructure deployment in the United States; and
(2) <<NOTE: Public information. Web posting.>> made
publicly available on the website of the Commission.
(d) Functions.--In establishing the Deployment Locations Map, the
Commission shall ensure that the Deployment Locations Map--
(1) compiles data related to Federal funding for broadband
infrastructure deployment provided by the Commission, the
National Telecommunications and Information Administration,
[[Page 135 STAT. 1207]]
the Department of Agriculture, the Department of Health and
Human Services, the Department of the Treasury, the Department
of Housing and Urban Development, the Institute of Museum and
Library Sciences, and any other Federal agency that provides
such data relating to broadband infrastructure deployment
funding to the Commission, including funding under--
(A) this Act;
(B) the Coronavirus Aid, Relief, and Economic
Security Act (Public Law 116-136);
(C) the Consolidated Appropriations Act, 2021
(Public Law 116-260);
(D) American Rescue Plan Act of 2021 (Public Law
117-2); or
(E) any Federal amounts appropriated or any Federal
program authorized after the date of enactment of this
Act to fund broadband infrastructure deployment;
(2) contains data, with respect to each broadband
infrastructure deployment program, relating to--
(A) the Federal agency of jurisdiction;
(B) the program title; and
(C) the network type, including wired, terrestrial
fixed, wireless, mobile, and satellite broadband
infrastructure deployment;
(3) allows users to manipulate the Deployment Locations Map
to identify, search, and filter broadband infrastructure
deployment projects by--
(A) company name;
(B) duration timeline, including the dates of a
project's beginning and ending, or anticipated beginning
or ending date;
(C) total number of locations to which a project
makes service available; and
(D) relevant download and upload speeds; and
(4) incorporates broadband service availability data as
depicted in the Broadband Map created under section 802(c)(1) of
the Communications Act of 1934 (47 U.S.C. 642(c)(1)).
(e) Periodic Updates.--
(1) <<NOTE: Consultation.>> In general.--The Commission
shall, in consultation with relevant Federal agencies, ensure
the Deployment Locations Map is maintained and up to date on a
periodic basis, but not less frequently than once every 180
days.
(2) <<NOTE: Reports.>> Other federal agencies.--Each Federal
agency providing funding for broadband infrastructure deployment
shall report relevant data to the Commission on a periodic
basis.
(f) No Effect on Programmatic Missions.--Nothing in this section
shall be construed to affect the programmatic missions of Federal
agencies providing funding for broadband infrastructure development.
(g) Nonduplication.--The requirements in this section shall be
consistent with and avoid duplication with the provisions of section 903
of division FF of the Consolidated Appropriations Act, 2021 (Public Law
116-260).
(h) Funding.--Of the amounts appropriated to carry out this division
under this Act, $10,000,000 shall be made available to carry out this
section.
[[Page 135 STAT. 1208]]
TITLE II--TRIBAL CONNECTIVITY TECHNICAL AMENDMENTS.
SEC. 60201. TRIBAL CONNECTIVITY TECHNICAL AMENDMENTS.
Section 905 of division N of the Consolidated Appropriations Act,
2021 (Public Law 116-260) <<NOTE: 47 USC 1305 note, 1705.>> is
amended--
(1) in subsection (c)--
(A) in paragraph (1)(B), by striking ``during the
COVID-19 pandemic'';
(B) in paragraph (4)--
(i) in subparagraph (A)--
(I) in clause (i), by striking ``180
days after receiving grant funds'' and
inserting ``18 months after receiving an
allocation of funds pursuant to a
specific grant award''; and
(II) in clause (ii), by striking
``revert to the general fund of the
Treasury'' and inserting ``be made
available to other eligible entities for
the purposes provided in this
subsection'';
(ii) in subparagraph (B)--
(I) in clause (i), by striking ``1
year after receiving grant funds'' and
inserting ``4 years after receiving an
allocation of funds pursuant to a
specific grant award'';
(II) by redesignating clause (iii)
as clause (iv); and
(III) by inserting after clause (ii)
the following:
``(iii) Extensions for other projects.--The
Assistant Secretary may, for good cause shown,
extend the period under clause (i) for an eligible
entity that proposes to use the grant funds for an
eligible use other than construction of broadband
infrastructure, based on a detailed showing by the
eligible entity of the need for an extension.'';
and
(iii) by adding at the end the following:
``(C) <<NOTE: Applicability.>> Multiple grant
awards.--If the Assistant Secretary awards multiple
grants to an eligible entity under this subsection, the
deadlines under subparagraphs (A) and (B) shall apply
individually to each grant award.''; and
(C) by striking paragraph (6) and inserting the
following:
``(6) Administrative expenses of eligible entities.--
``(A) In general.--Except as provided in
subparagraph (B), an eligible entity may use not more
than 2 percent of grant funds received under this
subsection for administrative purposes.
``(B) Broadband infrastructure projects.--An
eligible entity that proposes to use grant funds for the
construction of broadband infrastructure may use an
amount of the grant funds equal to not more than 2.5
percent of the total project cost for planning,
feasibility, and sustainability studies related to the
project.''; and
(2) in subsection (e), by adding at the end the following:
``(6) Additional appropriations for tribal broadband
connectivity program.--
[[Page 135 STAT. 1209]]
``(A) Definition.--In this paragraph, the term
`initial round of funding'--
``(i) means the allocation under paragraph
(2)(E) of funds appropriated under subsection
(b)(1); and
``(ii) does not include any reallocation of
funds under paragraph (2)(F).
``(B) New funding.--If Congress appropriates
additional funds for grants under subsection (c) after
the date of enactment of this Act, the Assistant
Secretary--
``(i) may use a portion of the funds to fully
fund any grants under that subsection for which
the Assistant Secretary received an application
and which the Assistant Secretary did not fully
fund during the initial round of funding; and
``(ii) <<NOTE: Allocation.>> shall allocate
any remaining funds through subsequent funding
rounds consistent with the requirements of this
section, except as provided in subparagraph (C) of
this paragraph.
``(C) <<NOTE: Applicability.>> Exceptions.--If
Congress appropriates additional funds for grants under
subsection (c) after the date of enactment of this Act--
``(i) the Assistant Secretary shall not be
required to issue an additional notice under
paragraph (1) of this subsection, but shall inform
eligible entities that additional funding has been
made available for grants under subsection (c) and
describe the changes made to the Tribal Broadband
Connectivity Program under that subsection by
section 60201 of the Infrastructure Investment and
Jobs Act;
``(ii) the requirement under paragraph (2)(C)
of this subsection shall be applied individually
to each round of funding for grants under
subsection (c);
``(iii) <<NOTE: Time period.>> paragraph
(2)(A) of this subsection shall be applied by
substituting `180-day period beginning on the date
on which the Assistant Secretary informs eligible
entities that additional funding has been made
available for grants under subsection (c)' for
`90-day period beginning on the date on which the
Assistant Secretary issues the notice under
paragraph (1)'; and
``(iv) notwithstanding paragraph (2)(F) of
this subsection, in the case of funds appropriated
under subsection (b)(1) that were not allocated
during the initial round of funding, the Assistant
Secretary may elect to allocate the funds during
any subsequent round of funding for grants under
subsection (c).''.
TITLE <<NOTE: Digital Equity Act of 2021.>> III--DIGITAL EQUITY ACT OF
2021
SEC. 60301. <<NOTE: 47 USC 1701 note.>> SHORT TITLE.
This title may be cited as the ``Digital Equity Act of 2021''.
SEC. 60302. <<NOTE: 47 USC 1721.>> DEFINITIONS.
In this title:
(1) Adoption of broadband.--The term ``adoption of
broadband'' means the process by which an individual obtains
daily access to the internet--
[[Page 135 STAT. 1210]]
(A) at a speed, quality, and capacity--
(i) that is necessary for the individual to
accomplish common tasks; and
(ii) such that the access qualifies as an
advanced telecommunications capability;
(B) with the digital skills that are necessary for
the individual to participate online; and
(C) on a--
(i) personal device; and
(ii) secure and convenient network.
(2) Advanced telecommunications capability.--The term
``advanced telecommunications capability'' has the meaning given
the term in section 706(d) of the Telecommunications Act of 1996
(47 U.S.C. 1302(d)).
(3) Aging individual.--The term ``aging individual'' has the
meaning given the term ``older individual'' in section 102 of
the Older Americans Act of 1965 (42 U.S.C. 3002).
(4) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Appropriations of the Senate;
(B) the Committee on Commerce, Science, and
Transportation of the Senate;
(C) the Committee on Appropriations of the House of
Representatives; and
(D) the Committee on Energy and Commerce of the
House of Representatives.
(5) Assistant secretary.--The term ``Assistant Secretary''
means the Assistant Secretary of Commerce for Communications and
Information.
(6) Community anchor institution.--The term ``community
anchor institution'' means a public school, a public or multi-
family housing authority, a library, a medical or healthcare
provider, a community college or other institution of higher
education, a State library agency, and any other nonprofit or
governmental community support organization.
(7) Covered household.--The term ``covered household'' means
a household, the income of which for the most recently completed
year is not more than 150 percent of an amount equal to the
poverty level, as determined by using criteria of poverty
established by the Bureau of the Census.
(8) Covered populations.--The term ``covered populations''
means--
(A) individuals who live in covered households;
(B) aging individuals;
(C) incarcerated individuals, other than individuals
who are incarcerated in a Federal correctional facility;
(D) veterans;
(E) individuals with disabilities;
(F) individuals with a language barrier, including
individuals who--
(i) are English learners; and
(ii) have low levels of literacy;
(G) individuals who are members of a racial or
ethnic minority group; and
(H) individuals who primarily reside in a rural
area.
[[Page 135 STAT. 1211]]
(9) Covered programs.--The term ``covered programs'' means
the State Digital Equity Capacity Grant Program established
under section 60304 and the Digital Equity Competitive Grant
Program established under section 60305.
(10) Digital equity.--The term ``digital equity'' means the
condition in which individuals and communities have the
information technology capacity that is needed for full
participation in the society and economy of the United States.
(11) Digital inclusion.--The term ``digital inclusion''--
(A) means the activities that are necessary to
ensure that all individuals in the United States have
access to, and the use of, affordable information and
communication technologies, such as--
(i) reliable fixed and wireless broadband
internet service;
(ii) internet-enabled devices that meet the
needs of the user; and
(iii) applications and online content designed
to enable and encourage self-sufficiency,
participation, and collaboration; and
(B) includes--
(i) obtaining access to digital literacy
training;
(ii) the provision of quality technical
support; and
(iii) obtaining basic awareness of measures to
ensure online privacy and cybersecurity.
(12) Digital literacy.--The term ``digital literacy'' means
the skills associated with using technology to enable users to
find, evaluate, organize, create, and communicate information.
(13) Disability.--The term ``disability'' has the meaning
given the term in section 3 of the Americans with Disabilities
Act of 1990 (42 U.S.C. 12102).
(14) Eligible state.--The term ``eligible State'' means--
(A) with respect to planning grants made available
under section 60304(c)(3), a State with respect to which
the Assistant Secretary has approved an application
submitted to the Assistant Secretary under section
60304(c)(3)(C); and
(B) with respect to capacity grants awarded under
section 60304(d), a State with respect to which the
Assistant Secretary has approved an application
submitted to the Assistant Secretary under section
60304(d)(2), including approval of the State Digital
Equity Plan developed by the State under section
60304(c).
(15) Gender identity.--The term ``gender identity'' has the
meaning given the term in section 249(c) of title 18, United
States Code.
(16) Indian tribe.--The term ``Indian Tribe'' has the
meaning given the term in section 4(e) of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304(e)).
(17) Institution of higher education.--The term
``institution of higher education''--
(A) has the meaning given the term in section 101 of
the Higher Education Act of 1965 (20 U.S.C. 1001); and
(B) includes a postsecondary vocational institution.
[[Page 135 STAT. 1212]]
(18) Local educational agency.--The term ``local educational
agency'' has the meaning given the term in section 8101(30) of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801(30)).
(19) Postsecondary vocational institution.--The term
``postsecondary vocational institution'' has the meaning given
the term in section 102(c) of the Higher Education Act of 1965
(20 U.S.C. 1002(c)).
(20) Rural area.--The term ``rural area'' has the meaning
given the term in section 601(b)(3) of the Rural Electrification
Act of 1936 (7 U.S.C. 950bb(b)(3)).
(21) State.--The term ``State'' means--
(A) any State of the United States;
(B) the District of Columbia; and
(C) the Commonwealth of Puerto Rico.
(22) Veteran.--The term ``veteran'' has the meaning given
the term in section 101 of title 38, United States Code.
(23) Workforce development program.--The term ``workforce
development program'' has the meaning given the term in section
3(66) of the Workforce Innovation and Opportunity Act (29 U.S.C.
3102(66)).
SEC. 60303. <<NOTE: 47 USC 1722.>> SENSE OF CONGRESS.
It is the sense of Congress that--
(1) a broadband connection and digital literacy are
increasingly critical to how individuals--
(A) participate in the society, economy, and civic
institutions of the United States; and
(B) access health care and essential services,
obtain education, and build careers;
(2) digital exclusion--
(A) carries a high societal and economic cost;
(B) materially harms the opportunity of an
individual with respect to the economic success,
educational achievement, positive health outcomes,
social inclusion, and civic engagement of that
individual; and
(C) exacerbates existing wealth and income gaps,
especially those experienced by covered populations;
(3) achieving digital equity for all people of the United
States requires additional and sustained investment and research
efforts;
(4) the Federal Government, as well as State, tribal,
territorial, and local governments, have made social, legal, and
economic obligations that necessarily extend to how the citizens
and residents of those governments access and use the internet;
and
(5) achieving digital equity is a matter of social and
economic justice and is worth pursuing.
SEC. 60304. <<NOTE: 47 USC 1723.>> STATE DIGITAL EQUITY CAPACITY
GRANT PROGRAM.
(a) Establishment; Purpose.--
(1) In general.--The Assistant Secretary shall establish in
the Department of Commerce the State Digital Equity Capacity
Grant Program (referred to in this section as the ``Program'')--
(A) the purpose of which is to promote the
achievement of digital equity, support digital inclusion
activities, and
[[Page 135 STAT. 1213]]
build capacity for efforts by States relating to the
adoption of broadband by residents of those States;
(B) through which the Assistant Secretary shall make
grants to States in accordance with the requirements of
this section; and
(C) which shall ensure that States have the capacity
to promote the achievement of digital equity and support
digital inclusion activities.
(2) Consultation with other federal agencies; no conflict.--
In establishing the Program under paragraph (1), the Assistant
Secretary shall--
(A) consult with--
(i) the Secretary of Agriculture;
(ii) the Secretary of Housing and Urban
Development;
(iii) the Secretary of Education;
(iv) the Secretary of Labor;
(v) the Secretary of Health and Human
Services;
(vi) the Secretary of Veterans Affairs;
(vii) the Secretary of the Interior;
(viii) the Federal Communications Commission;
(ix) the Federal Trade Commission;
(x) the Director of the Institute of Museum
and Library Services;
(xi) the Administrator of the Small Business
Administration;
(xii) the Federal Co-Chair of the Appalachian
Regional Commission; and
(xiii) the head of any other agency that the
Assistant Secretary determines to be appropriate;
and
(B) ensure that the Program complements and
enhances, and does not conflict with, other Federal
broadband initiatives and programs.
(b) Administering Entity.--
(1) Selection; function.--The governor (or equivalent
official) of a State that wishes to be awarded a grant under
this section shall, from among entities that are eligible under
paragraph (2), select an administering entity for that State,
which shall--
(A) serve as the recipient of, and administering
agent for, any grant awarded to the State under this
section;
(B) develop, implement, and oversee the State
Digital Equity Plan for the State described in
subsection (c);
(C) make subgrants to any entity described in
subsection (c)(1)(D) that is located in the State in
support of--
(i) the State Digital Equity Plan for the
State; and
(ii) digital inclusion activities in the State
generally; and
(D) serve as--
(i) an advocate for digital equity policy and
digital inclusion activities; and
(ii) a repository of best practice materials
regarding the policies and activities described in
clause (i).
(2) Eligible entities.--Any of the following entities may
serve as the administering entity for a State for the purposes
[[Page 135 STAT. 1214]]
of this section if the entity has demonstrated a capacity to
administer the Program on a statewide level:
(A) The State, a political subdivision, agency, or
instrumentality of the State, an Indian Tribe located in
the State, an Alaska Native entity located in the State,
or a Native Hawaiian organization located in the State.
(B) A foundation, corporation, institution,
association, or coalition that is--
(i) a not-for-profit entity;
(ii) providing services in the State; and
(iii) not a school.
(C) A community anchor institution, other than a
school, that is located in the State.
(D) A local educational agency that is located in
the State.
(E) An entity located in the State that carries out
a workforce development program.
(F) An agency of the State that is responsible for
administering or supervising adult education and
literacy activities in the State.
(G) A public or multi-family housing authority that
is located in the State.
(H) A partnership between any of the entities
described in subparagraphs (A) through (G).
(c) State Digital Equity Plan.--
(1) Development; contents.--A State that wishes to be
awarded a grant under subsection (d) shall develop a State
Digital Equity Plan for the State, which shall include--
(A) the identification of the barriers to digital
equity faced by covered populations in the State;
(B) measurable objectives for documenting and
promoting, among each group described in subparagraphs
(A) through (H) of section 60302(8) located in that
State--
(i) the availability of, and affordability of
access to, fixed and wireless broadband
technology;
(ii) the online accessibility and inclusivity
of public resources and services;
(iii) digital literacy;
(iv) awareness of, and the use of, measures to
secure the online privacy of, and cybersecurity
with respect to, an individual; and
(v) the availability and affordability of
consumer devices and technical support for those
devices;
(C) <<NOTE: Assessment.>> an assessment of how the
objectives described in subparagraph (B) will impact and
interact with the State's--
(i) economic and workforce development goals,
plans, and outcomes;
(ii) educational outcomes;
(iii) health outcomes;
(iv) civic and social engagement; and
(v) delivery of other essential services;
(D) in order to achieve the objectives described in
subparagraph (B), a description of how the State plans
to collaborate with key stakeholders in the State, which
may include--
(i) community anchor institutions;
[[Page 135 STAT. 1215]]
(ii) county and municipal governments;
(iii) local educational agencies;
(iv) where applicable, Indian Tribes, Alaska
Native entities, or Native Hawaiian organizations;
(v) nonprofit organizations;
(vi) organizations that represent--
(I) individuals with disabilities,
including organizations that represent
children with disabilities;
(II) aging individuals;
(III) individuals with language
barriers, including--
(aa) individuals who are
English learners; and
(bb) individuals who have
low levels of literacy;
(IV) veterans; and
(V) individuals in that State who
are incarcerated in facilities other
than Federal correctional facilities;
(vii) civil rights organizations;
(viii) entities that carry out workforce
development programs;
(ix) agencies of the State that are
responsible for administering or supervising adult
education and literacy activities in the State;
(x) public housing authorities in the State;
and
(xi) a partnership between any of the entities
described in clauses (i) through (x); and
(E) <<NOTE: List.>> a list of organizations with
which the administering entity for the State
collaborated in developing and implementing the Plan.
(2) Public availability.--
(A) In general.--The administering entity for a
State shall make the State Digital Equity Plan of the
State available for public comment for a period of not
less than 30 days before the date on which the State
submits an application to the Assistant Secretary under
subsection (d)(2).
(B) Consideration of comments received.--The
administering entity for a State shall, with respect to
an application submitted to the Assistant Secretary
under subsection (d)(2)--
(i) before submitting the application--
(I) consider all comments received
during the comment period described in
subparagraph (A) with respect to the
application (referred to in this
subparagraph as the ``comment period'');
and
(II) make any changes to the plan
that the administering entity determines
to be worthwhile; and
(ii) when submitting the application--
(I) describe any changes pursued by
the administering entity in response to
comments received during the comment
period; and
(II) include a written response to
each comment received during the comment
period.
[[Page 135 STAT. 1216]]
(3) Planning grants.--
(A) <<NOTE: Effective date.>> In general.--Beginning
in the first fiscal year that begins after the date of
enactment of this Act, the Assistant Secretary shall, in
accordance with the requirements of this paragraph,
award planning grants to States for the purpose of
developing the State Digital Equity Plans of those
States under this subsection.
(B) Eligibility.--In order to be awarded a planning
grant under this paragraph, a State--
(i) shall submit to the Assistant Secretary an
application under subparagraph (C); and
(ii) may not have been awarded, at any time, a
planning grant under this paragraph.
(C) <<NOTE: Deadlines. Determination.>> Application.--A
State that wishes to be awarded a planning grant under
this paragraph shall, not later than 60 days after the
date on which the notice of funding availability with
respect to the grant is released, submit to the
Assistant Secretary an application, in a format to be
determined by the Assistant Secretary, that contains the
following materials:
(i) A description of the entity selected to
serve as the administering entity for the State,
as described in subsection (b).
(ii) <<NOTE: Certification.>> A certification
from the State that, not later than 1 year after
the date on which the Assistant Secretary awards
the planning grant to the State, the administering
entity for that State shall develop a State
Digital Equity Plan under this subsection, which--
(I) the administering entity shall
submit to the Assistant Secretary; and
(II) <<NOTE: Compliance.>> shall
comply with the requirements of this
subsection, including the requirement
under paragraph (2)(B).
(iii) The assurances required under subsection
(e).
(D) Awards.--
(i) <<NOTE: Determination.>> Amount of
grant.--A planning grant awarded to an eligible
State under this paragraph shall be determined
according to the formula under subsection
(d)(3)(A)(i).
(ii) Duration.--
(I) In general.--Except as provided
in subclause (II), with respect to a
planning grant awarded to an eligible
State under this paragraph, the State
shall expend the grant funds during the
1-year period beginning on the date on
which the State is awarded the grant
funds.
(II) <<NOTE: Extension.>>
Exception.--The Assistant Secretary may
grant an extension of not longer than
180 days with respect to the requirement
under subclause (I).
(iii) Challenge mechanism.--The Assistant
Secretary shall ensure that any eligible State to
which a planning grant is awarded under this
paragraph may appeal or otherwise challenge in a
timely fashion the amount of the grant awarded to
the State, as determined under clause (i).
[[Page 135 STAT. 1217]]
(E) Use of funds.--An eligible State to which a
planning grant is awarded under this paragraph shall,
through the administering entity for that State, use the
grant funds only for the following purposes:
(i) To develop the State Digital Equity Plan
of the State under this subsection.
(ii)(I) Subject to subclause (II), to make
subgrants to any of the entities described in
paragraph (1)(D) to assist in the development of
the State Digital Equity Plan of the State under
this subsection.
(II) If the administering entity for a State
makes a subgrant described in subclause (I), the
administering entity shall, with respect to the
subgrant, provide to the State the assurances
required under subsection (e).
(d) <<NOTE: Deadline.>> State Capacity Grants.--
(1) In general.--Beginning not later than 2 years after the
date on which the Assistant Secretary begins awarding planning
grants under subsection (c)(3), the Assistant Secretary shall
each year award grants to eligible States to support--
(A) the implementation of the State Digital Equity
Plans of those States; and
(B) digital inclusion activities in those States.
(2) Application.--A State that wishes to be awarded a grant
under this subsection shall, not later than 60 days after the
date on which the notice of funding availability with respect to
the grant is released, submit to the Assistant Secretary an
application, in a format to be determined by the Assistant
Secretary, that contains the following materials:
(A) A description of the entity selected to serve as
the administering entity for the State, as described in
subsection (b).
(B) The State Digital Equity Plan of that State, as
described in subsection (c).
(C) <<NOTE: Certification.>> A certification that
the State, acting through the administering entity for
the State, shall--
(i) implement the State Digital Equity Plan of
the State; and
(ii) make grants in a manner that is
consistent with the aims of the Plan described in
clause (i).
(D) The assurances required under subsection (e).
(E) In the case of a State to which the Assistant
Secretary has previously awarded a grant under this
subsection, any amendments to the State Digital Equity
Plan of that State, as compared with the State Digital
Equity Plan of the State previously submitted.
(3) Awards.--
(A) Amount of grant.--
(i) <<NOTE: Criteria.>> Formula.--Subject to
clauses (ii), (iii), and (iv), the Assistant
Secretary shall calculate the amount of a grant
awarded to an eligible State under this subsection
in accordance with the following criteria, using
the best available data for all States for the
fiscal year in which the grant is awarded:
(I) 50 percent of the total grant
amount shall be based on the population
of the eligible State
[[Page 135 STAT. 1218]]
in proportion to the total population of
all eligible States.
(II) 25 percent of the total grant
amount shall be based on the number of
individuals in the eligible State who
are members of covered populations in
proportion to the total number of
individuals in all eligible States who
are members of covered populations.
(III) <<NOTE: Determinations.>> 25
percent of the total grant amount shall
be based on the comparative lack of
availability and adoption of broadband
in the eligible State in proportion to
the lack of availability and adoption of
broadband of all eligible States, which
shall be determined according to data
collected from--
(aa) the annual inquiry of
the Federal Communications
Commission conducted under
section 706(b) of the
Telecommunications Act of 1996
(47 U.S.C. 1302(b));
(bb) the American Community
Survey or, if necessary, other
data collected by the Bureau of
the Census;
(cc) the NTIA Internet Use
Survey, which is administered as
the Computer and Internet Use
Supplement to the Current
Population Survey of the Bureau
of the Census; and
(dd) any other source that
the Assistant Secretary, after
appropriate notice and
opportunity for public comment,
determines to be appropriate.
(ii) Minimum award.--The amount of a grant
awarded to an eligible State under this subsection
in a fiscal year shall be not less than 0.5
percent of the total amount made available to
award grants to eligible States for that fiscal
year.
(iii) <<NOTE: Distribution.>> Additional
amounts.--If, after awarding planning grants to
States under subsection (c)(3) and capacity grants
to eligible States under this subsection in a
fiscal year, there are amounts remaining to carry
out this section, the Assistant Secretary shall
distribute those amounts--
(I) to eligible States to which the
Assistant Secretary has awarded grants
under this subsection for that fiscal
year; and
(II) in accordance with the formula
described in clause (i).
(iv) <<NOTE: Puerto Rico.>> Data
unavailable.--If, in a fiscal year, the
Commonwealth of Puerto Rico (referred to in this
clause as ``Puerto Rico'') is an eligible State
and specific data for Puerto Rico is unavailable
for a factor described in subclause (I), (II), or
(II) of clause (i), the Assistant Secretary shall
use the median data point with respect to that
factor among all eligible States and assign it to
Puerto Rico for the purposes of making any
calculation under that clause for that fiscal
year.
(B) <<NOTE: Effective date.>> Duration.--With
respect to a grant awarded to an eligible State under
this subsection, the eligible State shall expend the
grant funds during the 5-year period
[[Page 135 STAT. 1219]]
beginning on the date on which the eligible State is
awarded the grant funds.
(C) Challenge mechanism.--The Assistant Secretary
shall ensure that any eligible State to which a grant is
awarded under this subsection may appeal or otherwise
challenge in a timely fashion the amount of the grant
awarded to the State, as determined under subparagraph
(A).
(D) Use of funds.--The administering entity for an
eligible State to which a grant is awarded under this
subsection shall use the grant amounts for the following
purposes:
(i)(I) Subject to subclause (II), to update or
maintain the State Digital Equity Plan of the
State.
(II) An administering entity for an eligible
State to which a grant is awarded under this
subsection may use not more than 20 percent of the
amount of the grant for the purpose described in
subclause (I).
(ii) To implement the State Digital Equity
Plan of the State.
(iii)(I) Subject to subclause (II), to award a
grant to any entity that is described in section
60305(b) and is located in the eligible State in
order to--
(aa) assist in the implementation of
the State Digital Equity Plan of the
State;
(bb) pursue digital inclusion
activities in the State consistent with
the State Digital Equity Plan of the
State; and
(cc) report to the State regarding
the digital inclusion activities of the
entity.
(II) <<NOTE: Requirement. Certification.>> Before
an administering entity for an eligible State may
award a grant under subclause (I), the
administering entity shall require the entity to
which the grant is awarded to certify that--
(aa) the entity shall carry out the
activities required under items (aa),
(bb), and (cc) of that subclause;
(bb) the receipt of the grant shall
not result in unjust enrichment of the
entity; and
(cc) <<NOTE: Evaluation.>> the
entity shall cooperate with any
evaluation--
(AA) of any program that
relates to a grant awarded to
the entity; and
(BB) that is carried out by
or for the administering entity,
the Assistant Secretary, or
another Federal official.
(iv)(I) <<NOTE: Evaluation.>> Subject to
subclause (II), to evaluate the efficacy of the
efforts funded by grants made under clause (iii).
(II) An administering entity for an eligible
State to which a grant is awarded under this
subsection may use not more than 5 percent of the
amount of the grant for a purpose described in
subclause (I).
(v)(I) Subject to subclause (II), for the
administrative costs incurred in carrying out the
activities described in clauses (i) through (iv).
[[Page 135 STAT. 1220]]
(II) An administering entity for an eligible
State to which a grant is awarded under this
subsection may use not more than 3 percent of the
amount of the grant for a purpose described in
subclause (I).
(e) Assurances.--When applying for a grant under this section, a
State shall include in the application for that grant assurances that--
(1) if an entity described in section 60305(b) is awarded
grant funds under this section (referred to in this subsection
as a ``covered recipient''), provide that--
(A) the covered recipient shall use the grant funds
in accordance with any applicable statute, regulation,
and application procedure;
(B) the administering entity for that State shall
adopt and use proper methods of administering any grant
that the covered recipient is awarded, including by--
(i) enforcing any obligation imposed under law
on any agency, institution, organization, or other
entity that is responsible for carrying out the
program to which the grant relates;
(ii) correcting any deficiency in the
operation of a program to which the grant relates,
as identified through an audit or another
monitoring or evaluation procedure; and
(iii) <<NOTE: Procedures.>> adopting written
procedures for the receipt and resolution of
complaints alleging a violation of law with
respect to a program to which the grant relates;
and
(C) <<NOTE: Evaluation.>> the administering entity
for that State shall cooperate in carrying out any
evaluation--
(i) of any program that relates to a grant
awarded to the covered recipient; and
(ii) that is carried out by or for the
Assistant Secretary or another Federal official;
(2) the administering entity for that State shall--
(A) use fiscal control and fund accounting
procedures that ensure the proper disbursement of, and
accounting for, any Federal funds that the State is
awarded under this section;
(B) <<NOTE: Reports.>> submit to the Assistant
Secretary any reports that may be necessary to enable
the Assistant Secretary to perform the duties of the
Assistant Secretary under this section;
(C) <<NOTE: Records. Determination.>> maintain any
records and provide any information to the Assistant
Secretary, including those records, that the Assistant
Secretary determines is necessary to enable the
Assistant Secretary to perform the duties of the
Assistant Secretary under this section; and
(D) <<NOTE: Public comment.>> with respect to any
significant proposed change or amendment to the State
Digital Equity Plan for the State, make the change or
amendment available for public comment in accordance
with subsection (c)(2); and
(3) <<NOTE: Compliance.>> the State, before submitting to
the Assistant Secretary the State Digital Equity Plan of the
State, has complied with the requirements of subsection (c)(2).
(f) Termination of Grant.--
[[Page 135 STAT. 1221]]
(1) In general.--The Assistant Secretary shall terminate a
grant awarded to an eligible State under this section if, after
notice to the State and opportunity for a hearing, the Assistant
Secretary--
(A) presents to the State a rationale and supporting
information that clearly demonstrates that--
(i) the grant funds are not contributing to
the development or execution of the State Digital
Equity Plan of the State, as applicable; and
(ii) the State is not upholding assurances
made by the State to the Assistant Secretary under
subsection (e); and
(B) <<NOTE: Determination.>> determines that the
grant is no longer necessary to achieve the original
purpose for which Assistant Secretary awarded the grant.
(2) Redistribution.--If the Assistant Secretary, in a fiscal
year, terminates a grant under paragraph (1), the Assistant
Secretary shall redistribute the unspent grant amounts--
(A) to eligible States to which the Assistant
Secretary has awarded grants under subsection (d) for
that fiscal year; and
(B) in accordance with the formula described in
subsection (d)(3)(A)(i).
(g) Reporting and Information Requirements; Internet Disclosure.--
The Assistant Secretary--
(1) shall--
(A) <<NOTE: Public information.>> require any entity
to which a grant, including a subgrant, is awarded under
this section to publicly report, for each year during
the period described in subsection (c)(3)(D)(ii) or
(d)(3)(B), as applicable, with respect to the grant, and
in a format specified by the Assistant Secretary, on--
(i) the use of that grant by the entity;
(ii) the progress of the entity towards
fulfilling the objectives for which the grant was
awarded; and
(iii) the implementation of the State Digital
Equity Plan of the State;
(B) establish appropriate mechanisms to ensure that
each eligible State to which a grant is awarded under
this section--
(i) uses the grant amounts in an appropriate
manner; and
(ii) <<NOTE: Compliance.>> complies with all
terms with respect to the use of the grant
amounts; and
(C) <<NOTE: Database. Web posting.>> create and
maintain a fully searchable database, which shall be
accessible on the internet at no cost to the public,
that contains, at a minimum--
(i) the application of each State that has
applied for a grant under this section;
(ii) the status of each application described
in clause (i);
(iii) <<NOTE: Reports.>> each report submitted
by an entity under subparagraph (A);
(iv) <<NOTE: Record.>> a record of public
comments made regarding the State Digital Equity
Plan of a State, as well as any written responses
to or actions taken as a result of those comments;
and
[[Page 135 STAT. 1222]]
(v) any other information that is sufficient
to allow the public to understand and monitor
grants awarded under this section; and
(2) may establish additional reporting and information
requirements for any recipient of a grant under this section.
(h) Supplement Not Supplant.--A grant or subgrant awarded under this
section shall supplement, not supplant, other Federal or State funds
that have been made available to carry out activities described in this
section.
(i) <<NOTE: Contracts.>> Set Asides.--From amounts made available
in a fiscal year to carry out the Program, the Assistant Secretary shall
reserve--
(1) not more than 5 percent for the implementation and
administration of the Program, which shall include--
(A) providing technical support and assistance,
including ensuring consistency in data reporting;
(B) providing assistance to--
(i) States, or administering entities for
States, to prepare the applications of those
States; and
(ii) administering entities with respect to
grants awarded under this section; and
(C) developing the report required under section
60306(a);
(2) <<NOTE: Native Americans.>> not less than 5 percent to
award grants to, or enter into contracts or cooperative
agreements with, Indian Tribes, Alaska Native entities, and
Native Hawaiian organizations to allow those tribes, entities,
and organizations to carry out the activities described in this
section; and
(3) <<NOTE: Territories.>> not less than 1 percent to award
grants to, or enter into contracts or cooperative agreements
with, the United States Virgin Islands, Guam, American Samoa,
the Commonwealth of the Northern Mariana Islands, and any other
territory or possession of the United States that is not a State
to enable those entities to carry out the activities described
in this section.
(j) Rules.--The Assistant Secretary may prescribe such rules as may
be necessary to carry out this section.
(k) Authorization of Appropriations.--There are authorized to be
appropriated--
(1) $60,000,000 for the award of grants under subsection
(c)(3), which shall remain available until expended;
(2) for the award of grants under subsection (d)--
(A) $240,000,000 for fiscal year 2022; and
(B) $300,000,000 for each of fiscal years 2023
through 2026; and
(3) such sums as may be necessary to carry out this section
for each fiscal year after the end of the 5-fiscal year period
described in paragraph (2).
SEC. 60305. <<NOTE: 47 USC 1724.>> DIGITAL EQUITY COMPETITIVE
GRANT PROGRAM.
(a) Establishment.--
(1) <<NOTE: Deadline.>> In general.--Not later than 30 days
after the date on which the Assistant Secretary begins awarding
grants under section 60304(d), and not before that date, the
Assistant Secretary shall establish in the Department of
Commerce the Digital Equity Competitive Grant Program (referred
to in this section as the ``Program''), the purpose of which is
to award grants to support efforts to achieve digital equity,
promote
[[Page 135 STAT. 1223]]
digital inclusion activities, and spur greater adoption of
broadband among covered populations.
(2) Consultation; no conflict.--In establishing the Program
under paragraph (1), the Assistant Secretary--
(A) may consult a State with respect to--
(i) the identification of groups described in
subparagraphs (A) through (H) of section 60302(8)
located in that State; and
(ii) the allocation of grant funds within that
State for projects in or affecting the State; and
(B) shall--
(i) consult with--
(I) the Secretary of Agriculture;
(II) the Secretary of Housing and
Urban Development;
(III) the Secretary of Education;
(IV) the Secretary of Labor;
(V) the Secretary of Health and
Human Services;
(VI) the Secretary of Veterans
Affairs;
(VII) the Secretary of the Interior;
(VIII) the Federal Communications
Commission;
(IX) the Federal Trade Commission;
(X) the Director of the Institute of
Museum and Library Services;
(XI) the Administrator of the Small
Business Administration;
(XII) the Federal Co-Chair of the
Appalachian Regional Commission; and
(XIII) <<NOTE: Determination.>> the
head of any other agency that the
Assistant Secretary determines to be
appropriate; and
(ii) ensure that the Program complements and
enhances, and does not conflict with, other
Federal broadband initiatives and programs.
(b) Eligibility.--The Assistant Secretary may award a grant under
the Program to any of the following entities if the entity is not
serving, and has not served, as the administering entity for a State
under section 60304(b):
(1) A political subdivision, agency, or instrumentality of a
State, including an agency of a State that is responsible for
administering or supervising adult education and literacy
activities, or for providing public housing, in the State.
(2) An Indian Tribe, an Alaska Native entity, or a Native
Hawaiian organization.
(3) A foundation, corporation, institution, or association
that is--
(A) a not-for-profit entity; and
(B) not a school.
(4) A community anchor institution.
(5) A local educational agency.
(6) An entity that carries out a workforce development
program.
(7) A partnership between any of the entities described in
paragraphs (1) through (6).
(8) A partnership between--
[[Page 135 STAT. 1224]]
(A) an entity described in any of paragraphs (1)
through (6); and
(B) an entity that--
(i) the Assistant Secretary, by rule,
determines to be in the public interest; and
(ii) is not a school.
(c) Application.--An entity that wishes to be awarded a grant under
the Program shall submit to the Assistant Secretary an application--
(1) at such time, in such form, and containing such
information as the Assistant Secretary may require; and
(2) that--
(A) provides a detailed explanation of how the
entity will use any grant amounts awarded under the
Program to carry out the purposes of the Program in an
efficient and expeditious manner;
(B) identifies the period in which the applicant
will expend the grant funds awarded under the Program;
(C) includes--
(i) a justification for the amount of the
grant that the applicant is requesting; and
(ii) for each fiscal year in which the
applicant will expend the grant funds, a budget
for the activities that the grant funds will
support;
(D) demonstrates to the satisfaction of the
Assistant Secretary that the entity--
(i) is capable of carrying out--
(I) the project or function to which
the application relates; and
(II) the activities described in
subsection (h)--
(aa) in a competent manner;
and
(bb) in compliance with all
applicable Federal, State, and
local laws; and
(ii) if the applicant is an entity described
in subsection (b)(1), shall appropriate or
otherwise unconditionally obligate from non-
Federal sources funds that are necessary to meet
the requirements of subsection (e);
(E) discloses to the Assistant Secretary the source
and amount of other Federal, State, or outside funding
sources from which the entity receives, or has applied
for, funding for activities or projects to which the
application relates; and
(F) provides--
(i) the assurances that are required under
subsection (f); and
(ii) an assurance that the entity shall follow
such additional procedures as the Assistant
Secretary may require to ensure that grant funds
are used and accounted for in an appropriate
manner.
(d) Award of Grants.--
(1) Factors considered in award of grants.--In deciding
whether to award a grant under the Program, the Assistant
Secretary shall, to the extent practicable, consider--
(A) whether an application shall, if approved--
[[Page 135 STAT. 1225]]
(i) increase internet access and the adoption
of broadband among covered populations to be
served by the applicant; and
(ii) not result in unjust enrichment;
(B) the comparative geographic diversity of the
application in relation to other eligible applications;
and
(C) the extent to which an application may duplicate
or conflict with another program.
(2) Use of funds.--
(A) In general.--In addition to the activities
required under subparagraph (B), an entity to which the
Assistant Secretary awards a grant under the Program
shall use the grant amounts to support not less than 1
of the following activities:
(i) To develop and implement digital inclusion
activities that benefit covered populations.
(ii) To facilitate the adoption of broadband
by covered populations in order to provide
educational and employment opportunities to those
populations.
(iii) To implement, consistent with the
purposes of this title--
(I) training programs for covered
populations that cover basic, advanced,
and applied skills; or
(II) other workforce development
programs.
(iv) To make available equipment,
instrumentation, networking capability, hardware
and software, or digital network technology for
broadband services to covered populations at low
or no cost.
(v) To construct, upgrade, expend, or operate
new or existing public access computing centers
for covered populations through community anchor
institutions.
(vi) To undertake any other project and
activity that the Assistant Secretary finds to be
consistent with the purposes for which the Program
is established.
(B) Evaluation.--
(i) In general.--An entity to which the
Assistant Secretary awards a grant under the
Program shall use not more than 10 percent of the
grant amounts to measure and evaluate the
activities supported with the grant amounts.
(ii) <<NOTE: Deadlines.>> Submission to
assistant secretary.--An entity to which the
Assistant Secretary awards a grant under the
Program shall submit to the Assistant Secretary
each measurement and evaluation performed under
clause (i)--
(I) in a manner specified by the
Assistant Secretary;
(II) not later than 15 months after
the date on which the entity is awarded
the grant amounts; and
(III) annually after the submission
described in subclause (II) for any year
in which the entity expends grant
amounts.
(C) Administrative costs.--An entity to which the
Assistant Secretary awards a grant under the Program may
use not more than 10 percent of the amount of the
[[Page 135 STAT. 1226]]
grant for administrative costs in carrying out any of
the activities described in subparagraph (A).
(D) <<NOTE: Effective dates.>> Time limitations.--
With respect to a grant awarded to an entity under the
Program, the entity--
(i) except as provided in clause (ii), shall
expend the grant amounts during the 4-year period
beginning on the date on which the entity is
awarded the grant amounts; and
(ii) during the 1-year period beginning on the
date that is 4 years after the date on which the
entity is awarded the grant amounts, may continue
to measure and evaluate the activities supported
with the grant amounts, as required under
subparagraph (B).
(e) Federal Share.--
(1) In general.--Except as provided in paragraph (2), the
Federal share of any project for which the Assistant Secretary
awards a grant under the Program may not exceed 90 percent.
(2) <<NOTE: Waiver.>> Exception.--The Assistant Secretary
may grant a waiver with respect to the limitation on the Federal
share of a project described in paragraph (1) if--
(A) <<NOTE: Petitions.>> the applicant with respect
to the project petitions the Assistant Secretary for the
waiver; and
(B) <<NOTE: Determination.>> the Assistant Secretary
determines that the petition described in subparagraph
(A) demonstrates financial need.
(f) Assurances.--When applying for a grant under this section, an
entity shall include in the application for that grant assurances that
the entity shall--
(1) use any grant funds that the entity is awarded--
(A) in accordance with any applicable statute,
regulation, and application procedure; and
(B) to the extent required under applicable law;
(2) adopt and use proper methods of administering any grant
that the entity is awarded, including by--
(A) enforcing any obligation imposed under law on
any agency, institution, organization, or other entity
that is responsible for carrying out a program to which
the grant relates;
(B) correcting any deficiency in the operation of a
program to which the grant relates, as identified
through an audit or another monitoring or evaluation
procedure; and
(C) <<NOTE: Procedures.>> adopting written
procedures for the receipt and resolution of complaints
alleging a violation of law with respect to a program to
which the grant relates;
(3) cooperate with respect to any evaluation--
(A) of any program that relates to a grant awarded
to the entity; and
(B) that is carried out by or for the Assistant
Secretary or another Federal official;
(4) use fiscal control and fund accounting procedures that
ensure the proper disbursement of, and accounting for, any
Federal funds that the entity is awarded under the Program;
(5) <<NOTE: Reports.>> submit to the Assistant Secretary any
reports that may be necessary to enable the Assistant Secretary
to perform the duties of the Assistant Secretary under the
Program; and
[[Page 135 STAT. 1227]]
(6) <<NOTE: Records. Determination.>> maintain any records
and provide any information to the Assistant Secretary,
including those records, that the Assistant Secretary determines
is necessary to enable the Assistant Secretary to perform the
duties of the Assistant Secretary under the Program.
(g) Deobligation or Termination of Grant.--In addition to other
authority under applicable law, the Assistant Secretary may--
(1) deobligate or terminate a grant awarded to an entity
under this section if, after notice to the entity and
opportunity for a hearing, the Assistant Secretary--
(A) presents to the entity a rationale and
supporting information that clearly demonstrates that--
(i) the grant funds are not being used in a
manner that is consistent with the application
with respect to the grant submitted by the entity
under subsection (c); and
(ii) the entity is not upholding assurances
made by the entity to the Assistant Secretary
under subsection (f); and
(B) <<NOTE: Determination.>> determines that the
grant is no longer necessary to achieve the original
purpose for which Assistant Secretary awarded the grant;
and
(2) with respect to any grant funds that the Assistant
Secretary deobligates or terminates under paragraph (1),
competitively award the grant funds to another applicant,
consistent with the requirements of this section.
(h) Reporting and Information Requirements; Internet Disclosure.--
The Assistant Secretary--
(1) shall--
(A) require any entity to which the Assistant
Secretary awards a grant under the Program to, for each
year during the period described in subsection (d)(2)(D)
with respect to the grant, submit to the Assistant
Secretary a report, in a format specified by the
Assistant Secretary, regarding--
(i) the amount of the grant;
(ii) the use by the entity of the grant
amounts; and
(iii) the progress of the entity towards
fulfilling the objectives for which the grant was
awarded;
(B) establish mechanisms to ensure appropriate use
of, and compliance with respect to all terms regarding,
grant funds awarded under the Program;
(C) <<NOTE: Database. Web posting.>> create and
maintain a fully searchable database, which shall be
accessible on the internet at no cost to the public,
that contains, at a minimum--
(i) <<NOTE: List.>> a list of each entity
that has applied for a grant under the Program;
(ii) a description of each application
described in clause (i), including the proposed
purpose of each grant described in that clause;
(iii) the status of each application described
in clause (i), including whether the Assistant
Secretary has awarded a grant with respect to the
application and, if so, the amount of the grant;
(iv) <<NOTE: Reports.>> each report submitted
by an entity under subparagraph (A); and
[[Page 135 STAT. 1228]]
(v) <<NOTE: Public information.>> any other
information that is sufficient to allow the public
to understand and monitor grants awarded under the
Program; and
(D) ensure that any entity with respect to which an
award is deobligated or terminated under subsection (g)
may, in a timely manner, appeal or otherwise challenge
that deobligation or termination, as applicable; and
(2) may establish additional reporting and information
requirements for any recipient of a grant under the Program.
(i) Supplement Not Supplant.--A grant awarded to an entity under the
Program shall supplement, not supplant, other Federal or State funds
that have been made available to the entity to carry out activities
described in this section.
(j) <<NOTE: Contracts.>> Set Asides.--From amounts made available in
a fiscal year to carry out the Program, the Assistant Secretary shall
reserve--
(1) 5 percent for the implementation and administration of
the Program, which shall include--
(A) providing technical support and assistance,
including ensuring consistency in data reporting;
(B) providing assistance to entities to prepare the
applications of those entities with respect to grants
awarded under this section;
(C) developing the report required under section
60306(a); and
(D) conducting outreach to entities that may be
eligible to be awarded a grant under the Program
regarding opportunities to apply for such a grant;
(2) <<NOTE: Native Americans.>> 5 percent to award grants
to, or enter into contracts or cooperative agreements with,
Indian Tribes, Alaska Native entities, and Native Hawaiian
organizations to allow those tribes, entities, and organizations
to carry out the activities described in this section; and
(3) <<NOTE: Territories.>> 1 percent to award grants to, or
enter into contracts or cooperative agreements with, the United
States Virgin Islands, Guam, American Samoa, the Commonwealth of
the Northern Mariana Islands, and any other territory or
possession of the United States that is not a State to enable
those entities to carry out the activities described in this
section.
(k) Rules.--The Assistant Secretary may prescribe such rules as may
be necessary to carry out this section.
(l) <<NOTE: Time periods.>> Authorization of Appropriations.--There
are authorized to be appropriated to carry out this section--
(1) $250,000,000 for each of the first 5 fiscal years in
which funds are made available to carry out this section; and
(2) such sums as may be necessary for each fiscal year after
the end of the 5-fiscal year period described in paragraph (1).
SEC. 60306. <<NOTE: 47 USC 1725.>> POLICY RESEARCH, DATA
COLLECTION, ANALYSIS AND MODELING,
EVALUATION, AND DISSEMINATION.
(a) Reporting Requirements.--
(1) In general.--Not later than 1 year after the date on
which the Assistant Secretary begins awarding grants under
section 60304(d)(1), and annually thereafter, the Assistant
Secretary shall--
[[Page 135 STAT. 1229]]
(A) submit to the appropriate committees of Congress
a report that documents, for the year covered by the
report--
(i) the findings of each evaluation conducted
under subparagraph (B);
(ii) <<NOTE: List.>> a list of each grant
awarded under each covered program, which shall
include--
(I) the amount of each such grant;
(II) the recipient of each such
grant; and
(III) the purpose for which each
such grant was awarded;
(iii) any deobligation, termination, or
modification of a grant awarded under the covered
programs, which shall include a description of the
subsequent usage of any funds to which such an
action applies; and
(iv) each challenge made by an applicant for,
or a recipient of, a grant under the covered
programs and the outcome of each such challenge;
and
(B) conduct evaluations of the activities carried
out under the covered programs, which shall include an
evaluation of--
(i) whether eligible States to which grants
are awarded under the program established under
section 60304 are--
(I) abiding by the assurances made
by those States under subsection (e) of
that section;
(II) meeting, or have met, the
stated goals of the Digital Equity Plans
developed by the States under subsection
(c) of that section;
(III) satisfying the requirements
imposed by the Assistant Secretary on
those States under subsection (g) of
that section; and
(IV) in compliance with any other
rules, requirements, or regulations
promulgated by the Assistant Secretary
in implementing that program; and
(ii) whether entities to which grants are
awarded under the program established under
section 60305 are--
(I) abiding by the assurances made
by those entities under subsection (f)
of that section;
(II) meeting, or have met, the
stated goals of those entities with
respect to the use of the grant amounts;
(III) satisfying the requirements
imposed by the Assistant Secretary on
those States under subsection (h) of
that section; and
(IV) in compliance with any other
rules, requirements, or regulations
promulgated by the Assistant Secretary
in implementing that program.
(2) <<NOTE: Web posting.>> Public availability.--The
Assistant Secretary shall make each report submitted under
paragraph (1)(A) publicly available in an online format that--
(A) facilitates access and ease of use;
(B) is searchable; and
(C) is accessible--
(i) to individuals with disabilities; and
[[Page 135 STAT. 1230]]
(ii) in languages other than English.
(b) Authority to Contract and Enter Into Other Arrangements.--The
Assistant <<NOTE: Determination.>> Secretary may award grants and enter
into contracts, cooperative agreements, and other arrangements with
Federal agencies, public and private organizations, and other entities
with expertise that the Assistant Secretary determines appropriate in
order to--
(1) evaluate the impact and efficacy of activities supported
by grants awarded under the covered programs; and
(2) develop, catalog, disseminate, and promote the exchange
of best practices, both with respect to and independent of the
covered programs, in order to achieve digital equity.
(c) Consultation and Public Engagement.--In carrying out subsection
(a), and to further the objectives described in paragraphs (1) and (2)
of subsection (b), the Assistant Secretary shall conduct ongoing
collaboration and consult with--
(1) the Secretary of Agriculture;
(2) the Secretary of Housing and Urban Development;
(3) the Secretary of Education;
(4) the Secretary of Labor;
(5) the Secretary of Health and Human Services;
(6) the Secretary of Veterans Affairs;
(7) the Secretary of the Interior;
(8) the Federal Communications Commission;
(9) the Federal Trade Commission;
(10) the Director of the Institute of Museum and Library
Services;
(11) the Administrator of the Small Business Administration;
(12) the Federal Co-Chair of the Appalachian Regional
Commission;
(13) State agencies and governors of States (or equivalent
officials);
(14) entities serving as administering entities for States
under section 60304(b);
(15) national, State, tribal, and local organizations that
provide digital inclusion, digital equity, or digital literacy
services;
(16) researchers, academics, and philanthropic
organizations; and
(17) <<NOTE: Determination.>> other agencies, organizations
(including international organizations), entities (including
entities with expertise in the fields of data collection,
analysis and modeling, and evaluation), and community
stakeholders, as determined appropriate by the Assistant
Secretary.
(d) Technical Support and Assistance.--The Assistant Secretary shall
provide technical support and assistance, assistance to entities to
prepare the applications of those entities with respect to grants
awarded under the covered programs, and other resources, to the extent
practicable, to ensure consistency in data reporting and to meet the
objectives of this section.
(e) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this section,
which shall remain available until expended.
SEC. 60307. <<NOTE: 47 USC 1726.>> GENERAL PROVISIONS.
(a) Nondiscrimination.--
[[Page 135 STAT. 1231]]
(1) In general.--No individual in the United States may, on
the basis of actual or perceived race, color, religion, national
origin, sex, gender identity, sexual orientation, age, or
disability, be excluded from participation in, be denied the
benefits of, or be subjected to discrimination under any program
or activity that is funded in whole or in part with funds made
available to carry out this title.
(2) Enforcement.--The Assistant Secretary shall effectuate
paragraph (1) with respect to any program or activity described
in that paragraph by issuing regulations and taking actions
consistent with section 602 of the Civil Rights Act of 1964 (42
U.S.C. 2000d-1).
(3) Judicial review.--Judicial review of an action taken by
the Assistant Secretary under paragraph (2) shall be available
to the extent provided in section 603 of the Civil Rights Act of
1964 (42 U.S.C. 2000d-2).
(b) Technological Neutrality.--The Assistant Secretary shall, to the
extent practicable, carry out this title in a technologically neutral
manner.
(c) <<NOTE: Effective date. Time periods. Appropriation
authorization.>> Audit and Oversight.--Beginning in the first fiscal
year in which amounts are made available to carry out an activity
authorized under this title, and in each of the 4 fiscal years
thereafter, there is authorized to be appropriated to the Office of
Inspector General for the Department of Commerce $1,000,000 for audits
and oversight of funds made available to carry out this title, which
shall remain available until expended.
TITLE IV--ENABLING MIDDLE MILE BROADBAND INFRASTRUCTURE
SEC. 60401. <<NOTE: 47 USC 1741.>> ENABLING MIDDLE MILE BROADBAND
INFRASTRUCTURE.
(a) Definitions.--In this section:
(1) Anchor institution.--The term ``anchor institution''
means a school, library, medical or healthcare provider,
community college or other institution of higher education, or
other community support organization or entity.
(2) Assistant secretary.--The term ``Assistant Secretary''
means the Assistant Secretary of Commerce for Communications and
Information.
(3) Commission.--The term ``Commission'' means the Federal
Communications Commission.
(4) Eligible entity.--The term ``eligible entity'' means--
(A) a State, political subdivision of a State,
Tribal government, technology company, electric utility,
utility cooperative, public utility district,
telecommunications company, telecommunications
cooperative, nonprofit foundation, nonprofit
corporation, nonprofit institution, nonprofit
association, regional planning counsel, Native entity,
or economic development authority; or
(B) a partnership of 2 or more entities described in
subparagraph (A).
(5) FCC fixed broadband map.--The term ``FCC fixed broadband
map'' means the map created by the Commission under section
802(c)(1)(B) of the Communications Act of 1934 (47 U.S.C.
642(c)(1)(B)).
[[Page 135 STAT. 1232]]
(6) Indian tribe.--The term ``Indian Tribe'' has the meaning
given the term in section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 5304)).
(7) Interconnect.--The term ``interconnect'' means the
physical linking of 2 networks for the mutual exchange of
traffic on non-discriminatory terms and conditions.
(8) Internet exchange facility.--The term ``internet
exchange facility'' means physical infrastructure through which
internet service providers and content delivery networks
exchange internet traffic between their networks.
(9) Middle mile infrastructure.--The term ``middle mile
infrastructure''--
(A) means any broadband infrastructure that does not
connect directly to an end-user location, including an
anchor institution; and
(B) includes--
(i) leased dark fiber, interoffice transport,
backhaul, carrier-neutral internet exchange
facilities, carrier-neutral submarine cable
landing stations, undersea cables, transport
connectivity to data centers, special access
transport, and other similar services; and
(ii) wired or private wireless broadband
infrastructure, including microwave capacity,
radio tower access, and other services or
infrastructure for a private wireless broadband
network, such as towers, fiber, and microwave
links.
(10) Middle mile grant.--The term ``middle mile grant''
means a grant awarded under subsection (c).
(11) Native entity.--The term ``Native entity'' means--
(A) an Indian Tribe;
(B) an Alaska Native Corporation;
(C) a Native Hawaiian organization (as defined in
section 6207 of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 7517));
(D) the Department of Hawaiian Home Lands; and
(E) the Office of Hawaiian Affairs.
(12) State.--The term ``State'' has the meaning given the
term in section 3 of the Communications Act of 1934 (47 U.S.C.
153).
(13) Submarine cable landing station.--The term ``submarine
cable landing station'' means a cable landing station, as that
term is used in section 1.767(a)(5) of title 47, Code of Federal
Regulations (or any successor regulation), that can be utilized
to land a submarine cable by an entity that has obtained a
license under the first section of the Act entitled ``An Act
relating to the landing and operation of submarine cables in the
United States'', approved May 27, 1921 (47 U.S.C. 34) (commonly
known as the ``Cable Landing Licensing Act'').
(14) Tribal government.--The term ``Tribal government''
means the recognized governing body of any Indian or Alaska
Native tribe, band, nation, pueblo, village, community,
component band, or component reservation, individually
identified (including parenthetically) in the list published
most recently as of the date of enactment of this Act pursuant
to section 104 of the Federally Recognized Indian Tribe List Act
of 1994 (25 U.S.C. 5131).
[[Page 135 STAT. 1233]]
(15) Trust land.--The term ``trust land'' has the meaning
given the term in section 3765 of title 38, United States Code.
(16) Underserved.--The term ``underserved'', with respect to
an area, means an area--
(A) that is designated as a Tribally underserved
area through the process described in subsection (g); or
(B) that--
(i) is of a standard size not larger than a
census block, as established by the Commission;
(ii) is not an unserved area; and
(iii) as determined in accordance with the FCC
fixed broadband map, does not have access to
broadband service with--
(I) except as provided in subclause
(II)--
(aa) a download speed of not
less than 100 megabits per
second; and
(bb) an upload speed of not
less than 20 megabits per
second; or
(II) minimum download and upload
speeds established as benchmarks by the
Commission for purposes of this Act
after the date of enactment of this Act,
if those minimum speeds are higher than
the minimum speeds required under
subclause (I).
(17) Unserved.--The term ``unserved'', with respect to an
area, means an area--
(A) that is designated as a Tribally underserved
area through the process described in subsection (g); or
(B) that--
(i) is of a standard size not larger than a
census block, as established by the Commission;
and
(ii) as determined in accordance with the FCC
fixed broadband map, does not have access to
broadband service with--
(I) except as provided in subclause
(II)--
(aa) a download speed of not
less than 25 megabits per
second; and
(bb) an upload speed of not
less than 3 megabits per second;
or
(II) minimum download and upload
speeds established as benchmarks by the
Commission for purposes of this Act
after the date of enactment of this Act,
if those minimum speeds are higher than
the minimum speeds required under
subclause (I).
(b) Purpose; Sense of Congress.--
(1) Purpose.--The purposes of this section are--
(A) to encourage the expansion and extension of
middle mile infrastructure to reduce the cost of
connecting unserved and underserved areas to the
backbone of the internet (commonly referred to as the
``last mile''); and
(B) to promote broadband connection resiliency
through the creation of alternative network connection
paths that can be designed to prevent single points of
failure on a broadband network.
(2) Sense of congress.--It is the sense of Congress that--
[[Page 135 STAT. 1234]]
(A) in awarding middle mile grants, the Assistant
Secretary should give priority to--
(i) projects that leverage existing rights-of-
way, assets, and infrastructure to minimize
financial, regulatory, and permitting challenges;
(ii) projects in which the eligible entity
designs the route of the middle mile
infrastructure to enable the connection of
unserved anchor institutions, including Tribal
anchor institutions; and
(iii) projects that facilitate the development
of carrier-neutral interconnection facilities; and
(iv) projects that--
(I) improve the redundancy and
resiliency of existing middle mile
infrastructure; and
(II) reduce regulatory and
permitting barriers to promote the
construction of new middle mile
infrastructure; and
(B) a regulated utility should use funds received
from a middle mile grant as a supplement to the core
utility capital investment plan of the regulated utility
to--
(i) facilitate increased broadband resiliency
or redundancy of existing middle mile
infrastructure; or
(ii) provide connectivity to unserved areas
and underserved areas within the service territory
of the utility and nearby communities.
(c) Middle Mile Grants.--The Assistant Secretary shall establish a
program under which the Assistant Secretary makes grants on a
technology-neutral, competitive basis to eligible entities for the
construction, improvement, or acquisition of middle mile infrastructure.
(d) Applications for Grants.--
(1) In general.--The Assistant Secretary shall establish an
application process for middle mile grants in accordance with
this subsection.
(2) Evaluation of applications.--In establishing an
application process for middle mile grants under paragraph (1),
the Assistant Secretary shall give priority to an application
from an eligible entity that satisfies 2 or more of the
following conditions:
(A) The eligible entity adopts fiscally sustainable
middle mile strategies.
(B) The eligible entity commits to offering non-
discriminatory interconnect to terrestrial and wireless
last mile broadband providers and any other party making
a bona fide request.
(C) The eligible entity identifies specific
terrestrial and wireless last mile broadband providers
that have--
(i) expressed written interest in
interconnecting with middle mile infrastructure
planned to be deployed by the eligible entity; and
(ii) demonstrated sustainable business plans
or adequate funding sources with respect to the
interconnect described in clause (i).
(D) The eligible entity has identified supplemental
investments or in-kind support (such as waived franchise
or permitting fees) that will accelerate the completion
of the planned project.
[[Page 135 STAT. 1235]]
(E) The eligible entity has demonstrated that the
middle mile infrastructure will benefit national
security interests of the United States and the
Department of Defense.
(3) <<NOTE: Requirement.>> Grant application competence.--
The Assistant Secretary shall include in the application process
established under paragraph (1) a requirement that an eligible
entity provide evidence that the eligible entity is capable of
carrying out a proposed project in a competent manner, including
by demonstrating that the eligible entity has the financial,
technical, and operational capability to carry out the proposed
project and operate the resulting middle mile broadband network.
(e) Eligibility.--
(1) Prioritization.--To be eligible to obtain a middle mile
grant, an eligible entity shall agree, in the application
submitted through the process established under subsection (d),
to prioritize--
(A) connecting middle mile infrastructure to last
mile networks that provide or plan to provide broadband
service to households in unserved areas;
(B) connecting non-contiguous trust lands; or
(C) the offering of wholesale broadband service at
reasonable rates on a carrier-neutral basis.
(2) <<NOTE: Deadline.>> Buildout timeline.--Subject to
paragraph (5), to be eligible to obtain a middle mile grant, an
eligible entity shall agree, in the application submitted
through the process established under subsection (d), to
complete buildout of the middle mile infrastructure described in
the application by not later than 5 years after the date on
which amounts from the grant are made available to the eligible
entity.
(3) Project eligibility requirements.--
(A) Capability to support retail broadband
service.--A <<NOTE: Determination.>> project shall be
eligible for a middle mile grant if, at the time of the
application, the Assistant Secretary determines that the
proposed middle mile broadband network will be capable
of supporting retail broadband service.
(B) Mapping data.--
(i) Use of most recent data.--In mapping out
gaps in broadband coverage, an eligible entity
that uses a middle mile grant to build out
terrestrial or fixed wireless middle mile
infrastructure shall use the most recent broadband
mapping data available from one of the following
sources:
(I) The FCC fixed broadband map.
(II) The State in which the area
that will be served by the middle mile
infrastructure is located, or the Tribal
government with jurisdiction over the
area that will be served by the middle
mile infrastructure (if applicable).
(III) Speed and usage surveys of
existing broadband service that--
(aa) demonstrate that more
than 25 percent of the
respondents display a broadband
service speed that is slower
than the speeds required for an
area to qualify as unserved; and
[[Page 135 STAT. 1236]]
(bb) are conducted by--
(AA) the eligible
entity;
(BB) the State in which
the area that will be served
by the middle mile
infrastructure is located;
or
(CC) the Tribal
government with jurisdiction
over the area that will be
served by the middle mile
infrastructure (if
applicable).
(ii) Sharing facility locations.--
(I) Definition.--In this clause, the
term ``covered recipient'', with respect
to an eligible entity, means--
(aa) the Assistant
Secretary;
(bb) the Commission;
(cc) the Tribal government
with jurisdiction over the area
that will be served by the
middle mile infrastructure (if
applicable); and
(dd) the State broadband
office for the State in which
the area that will be served by
the middle mile infrastructure
is located.
(II) Provision of information.--
Subject to subclauses (III) and (IV), an
eligible entity that constructs,
improves, or acquires middle mile
infrastructure using a middle mile grant
shall share with each covered recipient
the location of all the middle mile
broadband infrastructure.
(III) <<NOTE: Determination.>> Format.--
An eligible entity shall provide the
information required under subclause
(II) to each covered recipient in a
uniform format determined by the
Assistant Secretary.
(IV) Protection of information.--
(aa) In general.--The
information provided by an
eligible entity under subclause
(II) may only be used for
purposes of carrying out the
grant program under subsection
(c) and any reporting related
thereto.
(bb) Legal defenses.--
(AA) In general.--A
covered recipient may not
receive information under
subclause (II) unless the
covered recipient agrees in
writing to assert all
available legal defenses to
the disclosure of the
information if a person or
entity seeks disclosure from
the covered recipient under
any Federal, State, or local
public disclosure law.
(BB) Rule of
construction.--Nothing in
subitem (AA) is intended to
be or shall be construed as
a waiver of Tribal sovereign
immunity.
(C) Connection to anchor institutions.--To the
extent feasible, an eligible entity that receives a
middle mile grant to build middle mile infrastructure
using fiber optic technology shall--
[[Page 135 STAT. 1237]]
(i) ensure that the proposed middle mile
broadband network will be capable of providing
broadband to an anchor institution at a speed of
not less than--
(I) 1 gigabit per second for
downloads; and
(II) 1 gigabit per second for
uploads to an anchor institution; and
(ii) include direct interconnect facilities
that will facilitate the provision of broadband
service to anchor institutions located within
1,000 feet of the middle mile infrastructure.
(D) Interconnection and nondiscrimination.--
(i) In general.--An eligible entity that
receives a middle mile grant to build a middle
mile project using fiber optic technology shall
offer interconnection in perpetuity, where
technically feasible without exceeding current or
reasonably anticipated capacity limitations, on
reasonable rates and terms to be negotiated with
requesting parties.
(ii) Nature of interconnection.--The
interconnection required to be offered under
clause (i) includes both the ability to connect to
the public internet and physical interconnection
for the exchange of traffic.
(iii) Inclusion in application.--An applicant
for a middle mile grant shall disclose the
applicant's proposed interconnection,
nondiscrimination, and network management
practices in the application submitted through the
process established under subsection (d).
(4) Accountability.--The Assistant Secretary shall--
(A) establish sufficient transparency,
accountability, reporting, and oversight measures for
the grant program established under subsection (c) to
deter waste, fraud, and abuse of program funds; and
(B) establish--
(i) <<NOTE: Requirements.>> buildout
requirements for each eligible entity that
receives a middle mile grant, which shall require
the completion of a certain percentage of project
miles by a certain date; and
(ii) <<NOTE: Penalties.>> penalties, which
may include rescission of funds, for grantees that
do not meet requirements described in clause (i)
or the deadline under paragraph (2).
(5) Extensions.--
(A) <<NOTE: Certification.>> In general.--At the
request of an eligible entity, the Assistant Secretary
may extend the buildout deadline under paragraph (2) by
not more than 1 year if the eligible entity certifies
that--
(i) the eligible entity has a plan for use of
the middle mile grant;
(ii) the project to build out middle mile
infrastructure is underway; or
(iii) extenuating circumstances require an
extension of time to allow completion of the
project to build out middle mile infrastructure.
(B) Effect on interim buildout requirements.--If the
Assistant Secretary grants an extension under
subparagraph (A), the Assistant Secretary shall modify
[[Page 135 STAT. 1238]]
any buildout requirements established under paragraph
(4)(B)(i) as necessary.
(f) Federal Share.--The amount of a middle mile grant awarded to an
eligible entity may not exceed 70 percent of the total project cost.
(g) <<NOTE: Consultations.>> Special Rules for Tribal Governments.--
(1) Waivers; alternative requirements.--The Assistant
Secretary, in consultation with Tribal governments and Native
entities, may waive, or specify alternative requirements for,
any provision of subsections (c) through (f) if the Assistant
Secretary finds that the waiver or alternative requirement is
necessary--
(A) for the effective delivery and administration of
middle mile grants to Tribal governments; or
(B) the construction, improvement, or acquisition of
middle mile infrastructure on trust land.
(2) Tribally unserved areas; tribally underserved areas.--
The Assistant Secretary, in consultation with Tribal governments
and Native entities, shall develop a process for designating
Tribally unserved areas and Tribally underserved areas for
purposes of this section.
(h) <<NOTE: Time period.>> Authorization of Appropriations.--There
is authorized to be appropriated to carry out this section
$1,000,000,000 for fiscal years 2022 through 2026.
TITLE V--BROADBAND AFFORDABILITY
SEC. 60501. <<NOTE: 47 USC 1751.>> DEFINITIONS.
In this title--
(1) the term ``broadband internet access service'' has the
meaning given the term in section 8.1(b) of title 47, Code of
Federal Regulations, or any successor regulation; and
(2) the term ``Commission'' means the Federal Communications
Commission.
SEC. 60502. BROADBAND AFFORDABILITY.
(a) Extension and Modification of Emergency Broadband Benefit.--
(1) Extension.--Section 904 of division N of the
Consolidated Appropriations Act, 2021 (Public Law 116-
260) <<NOTE: 47 USC 1301 note, 1752.>> is amended--
(A) in the heading, by striking ``during emergency
period relating to covid-19'';
(B) in subsection (a)--
(i) by striking paragraph (8); and
(ii) by redesignating paragraphs (9) through
(13) as paragraphs (8) through (12), respectively;
and
(C) in subsection (b)--
(i) in paragraph (1), by striking ``during the
emergency period'';
(ii) in paragraph (4), by striking ``during
the emergency period''; and
(iii) in paragraph (5), by striking ``during
the emergency period,''.
(2) Change to program name.--Section 904 of division N of
the Consolidated Appropriations Act, 2021 (Public Law
[[Page 135 STAT. 1239]]
116-260), as amended by paragraph (1) of this subsection, is
amended--
(A) in subsection (a)(7), in the heading, by
striking ``Emergency broadband'' and inserting
``Affordable connectivity'';
(B) in subsection (b), in the heading, by striking
``Emergency Broadband Benefit'' and inserting
``Affordable Connectivity'';
(C) in subsection (i), in the heading, by striking
``Emergency Broadband'' and inserting ``Affordable'';
(D) by striking ``Emergency Broadband Benefit'' each
place the term appears and inserting ``Affordable
Connectivity'';
(E) by striking ``Emergency Broadband'' each place
the term appears and inserting ``Affordable''; and
(F) by striking ``emergency broadband'' each place
the term appears and inserting ``affordable
connectivity''.
(3) Other initial modifications.--Section 904 of division N
of the Consolidated Appropriations Act, 2021 (Public Law 116-
260), as amended by paragraph (2) of this subsection, is
amended--
(A) in subsection (a)(7)--
(i) by striking ``The term'' and inserting the
following:
``(A) In general.--Subject to subparagraph (B), the
term''; and
(ii) by adding at the end the following:
``(B) <<NOTE: Regulations.>> High-cost areas.--The
Commission shall, by regulation, establish a mechanism
by which a participating provider in a high-cost area
(as defined in section 60102(a)(2) of the Infrastructure
Investment and Jobs Act) may provide an affordable
connectivity benefit in an amount up to the amount
specified in subparagraph (A) for an internet service
offering provided on Tribal land upon a showing that the
applicability of the lower limit under subparagraph (A)
to the provision of the affordable connectivity benefit
by the provider would cause particularized economic
hardship to the provider such that the provider may not
be able to maintain the operation of part or all of its
broadband network.'';
(B) in subsection (b)--
(i) by redesignating paragraphs (7) through
(10) as paragraphs (12) through (15),
respectively;
(ii) by inserting after paragraph (6) the
following:
``(7) Requirement to allow customers to apply affordable
connectivity benefit to any internet service offering.--
``(A) In general.--A participating provider--
``(i) shall allow an eligible household to
apply the affordable connectivity benefit to any
internet service offering of the participating
provider at the same terms available to households
that are not eligible households; and
``(ii) may not require the eligible household
to submit to a credit check in order to apply the
affordable connectivity benefit to an internet
service offering of the participating provider.
[[Page 135 STAT. 1240]]
``(B) Nonpayment.--Nothing in subparagraph (A) shall
prevent a participating provider from terminating the
provision of broadband internet access service to a
subscriber after 90 days of nonpayment.
``(8) Public awareness.--A participating provider, in
collaboration with the applicable State agencies, public
interest groups, and non-profit organizations, in order to
increase the adoption of broadband internet access service by
consumers, shall carry out public awareness campaigns in service
areas that are designed to highlight--
``(A) the value and benefits of broadband internet
access service; and
``(B) the existence of the Affordable Connectivity
Program.
``(9) Oversight.--The Commission--
``(A) shall establish a dedicated complaint process
for consumers who participate in the Affordable
Connectivity Program to file complaints about the
compliance of participating providers with, including
with respect to the quality of service received under,
the Program;
``(B) <<NOTE: Requirement.>> shall require a
participating provider to supply information about the
existence of the complaint process described in
subparagraph (A) to subscribers who participate in the
Affordable Connectivity Program;
``(C)(i) shall act expeditiously to investigate
potential violations of and enforce compliance with this
section, including under clause (ii) of this
subparagraph; and
``(ii) in enforcing compliance with this section,
may impose forfeiture penalties under section 503 of the
Communications Act of 1934 (47 U.S.C. 503); and
``(D) <<NOTE: Public information. Reports.>> shall
regularly issue public reports about complaints
regarding the compliance of participating providers with
the Affordable Connectivity Program.
``(10) Information on affordable connectivity program.--
``(A) <<NOTE: Notification.>> Participating
providers.--When a customer subscribes to, or renews a
subscription to, an internet service offering of a
participating provider, the participating provider shall
notify the customer about the existence of the
Affordable Connectivity Program and how to enroll in the
Program.
``(B) Federal agencies.--The Commission shall
collaborate with relevant Federal agencies, including to
ensure relevant Federal agencies update their System of
Records Notices, to ensure that a household that
participates in any program that qualifies the household
for the Affordable Connectivity Program is provided
information about the Program, including how to enroll
in the Program.
``(C) Commission outreach.--
``(i) In general.--The Commission may conduct
outreach efforts to encourage eligible households
to enroll in the Affordable Connectivity Program.
``(ii) Activities.--In carrying out clause
(i), the Commission may--
``(I) facilitate consumer research;
``(II) conduct focus groups;
``(III) engage in paid media
campaigns;
[[Page 135 STAT. 1241]]
``(IV) provide grants to outreach
partners; and
``(V) provide an orderly transition
for participating providers and
consumers from the Emergency Broadband
Benefit Program established under
paragraph (1) (as that paragraph was in
effect on the day before the date of
enactment of the Infrastructure
Investment and Jobs Act) to the
Affordable Connectivity Program.
``(11) Consumer protection issues.--
``(A) <<NOTE: Notice. Public
comment. Regulations.>> In general.--The Commission
shall, after providing notice and opportunity for
comment in accordance with section 553 of title 5,
United States Code, promulgate rules to protect
consumers who participate in, or seek to participate in,
the Affordable Connectivity Program from--
``(i) inappropriate upselling or downselling
by a participating provider;
``(ii) inappropriate requirements that a
consumer opt in to an extended service contract as
a condition of participating in the Affordable
Connectivity Program;
``(iii) inappropriate restrictions on the
ability of a consumer to switch internet service
offerings or otherwise apply support from the
Affordable Connectivity Program to a different
internet service offering with a participating
provider;
``(iv) inappropriate restrictions on the
ability of a consumer to switch participating
providers, other than a requirement that the
customer return any customer premises equipment
provided by a participating provider; and
``(v) similar restrictions that amount to
unjust and unreasonable acts or practices that
undermine the purpose, intent, or integrity of the
Affordable Connectivity Program.
``(B) Exceptions.--In complying with this paragraph,
the Commission may take advantage of the exceptions set
forth in subsections (e) and (f).''; and
(iii) in paragraph (14), as so redesignated,
by striking ``paragraph (7)'' and inserting
``paragraph (12)''.
(b) Delayed Amendments to Affordable Connectivity Program.--
(1) <<NOTE: Effective date.>> In general.--Effective on the
date on which the Commission submits the certification required
under paragraph (4), or December 31, 2021, whichever is earlier,
section 904 of division N of the Consolidated Appropriations
Act, 2021 (Public Law 116-260), as amended by subsection (a) of
this section, <<NOTE: 47 USC 1752 and note.>> is amended--
(A) in subsection (a)--
(i) in paragraph (6)--
(I) in subparagraph (A), by
inserting before the semicolon at the
end the following: ``except that such
subsection (a), including for purposes
of such subsection (b), shall be applied
by substituting `200 percent' for `135
percent' '';
(II) by striking subparagraph (C);
[[Page 135 STAT. 1242]]
(III) by redesignating subparagraphs
(D) and (E) as subparagraphs (C) and
(D), respectively;
(IV) in subparagraph (C), as so
redesignated, by striking ``or'' at the
end;
(V) in subparagraph (D), as so
redesignated--
(aa) by striking ``or COVID-
19''; and
(bb) by striking the period
at the end and inserting ``;
or''; and
(VI) by adding at the end the
following:
``(E) at least one member of the household receives
assistance through the special supplemental nutritional
program for women, infants, and children established by
section 17 of the Child Nutrition Act of 1996 (42 U.S.C.
1786).'';
(ii) in paragraph (7)--
(I) by striking ``which shall be no
more than the standard rate for an
internet service offering and associated
equipment,''; and
(II) by striking ``$50'' and
inserting ``$30'';
(iii) in paragraph (8), as so redesignated by
subsection (a) of this section, by striking ``,
offered in the same manner, and on the same terms,
as described in any of such provider's offerings
for broadband internet access service to such
household, as on December 1, 2020''; and
(iv) by striking paragraph (12), as so
redesignated by subsection (a) of this section;
and
(B) in subsection (b)(6)--
(i) by striking subparagraph (A);
(ii) by redesignating subparagraphs (B), (C),
and (D) as subparagraphs (A), (B), and (C),
respectively; and
(iii) in subparagraph (A), as so
redesignated--
(I) by striking clause (i); and
(II) by redesignating clauses (ii),
(iii), and (iv) as clauses (i), (ii),
and (iii), respectively.
(2) <<NOTE: Time period. 47 USC 1752 note.>> Applicability
of amendment to eligibility.-- A household that qualified for
the Affordable Connectivity Program under section 904 of
division N of the Consolidated Appropriations Act, 2021 (Public
Law 116-260) before the effective date in paragraph (1) and, as
of that effective date, would, but for this subparagraph, see a
reduction in the amount of the affordable connectivity benefit
under the Program, shall, during the 60-day period beginning on
that effective date, be eligible for the affordable connectivity
benefit in the amount in effect with respect to that household,
as of the day before that effective date.
(3) Transition.--After the effective date under paragraph
(1), an eligible household that was participating in the
Emergency Broadband Benefit Program under section 904 of
division N of the Consolidated Appropriations Act, 2021 (Public
Law 116-260) on the day before the date of enactment of this Act
and qualifies for the Affordable Connectivity Program
established under that section (as amended by this section)
shall continue to have access to an affordable service offering.
(4) <<NOTE: Effective date.>> Certification required.--On
the date on which the amounts appropriated under section
904(i)(2) of division N of
[[Page 135 STAT. 1243]]
the Consolidated Appropriations Act, 2021 (Public Law 116-260)
have been fully expended, the Commission shall submit to
Congress a certification regarding that fact.
(c) <<NOTE: Deadlines. 42 USC 1752 note.>> Broadband Transparency
Rules.--
(1) <<NOTE: Data.>> Rules.--Not later than 1 year after the
date of enactment of this Act, the Commission shall issue final
rules regarding the annual collection by the Commission of data
relating to the price and subscription rates of each internet
service offering of a participating provider under the
Affordable Connectivity Program established under section 904 of
division N of the Consolidated Appropriations Act, 2021 (Public
Law 116-260) (as amended by this section) to which an eligible
household subscribes.
(2) <<NOTE: Determination. Revision. Verification.>> Updates.--
Not later than 180 days after the date on which rules are issued
under paragraph (1), and when determined to be necessary by the
Commission thereafter, the Commission shall revise the rules to
verify the accuracy of data submitted pursuant to the rules.
(3) Redundancy avoidance.--Nothing in this subsection shall
be construed to require the Commission, in order to meet a
requirement of this subsection, to duplicate an activity that
the Commission is undertaking as of the date of enactment of
this Act, if--
(A) the Commission refers to the activity in the
rules issued under paragraph (1);
(B) the activity meets the requirements of this
subsection; and
(C) <<NOTE: Public information.>> the Commission
discloses the activity to the public.
(4) Availability of data.--
(A) Public availability.--The Commission shall make
data relating to broadband internet access service
collected under the rules issued under paragraph (1)
available to the public in a commonly used electronic
format without risking the disclosure of personally
identifiable information or proprietary information,
consistent with section 0.459 of title 47, Code of
Federal Regulations (or any successor regulation).
(B) Determination of personally identifiable
information.--The Commission--
(i) shall define the term ``personally
identifiable information'', for purposes of
subparagraph (A) through notice and comment
rulemaking; and
(ii) may not make any data available to the
public under subparagraph (A) before completing
the rulemaking under clause (i) of this
subparagraph.
(d) <<NOTE: 47 USC 1752 note.>> Guidance.--The Commission may issue
such guidance, forms, instructions, or publications, or provide such
technical assistance, as may be necessary or appropriate to carry out
the programs, projects, or activities authorized under this section and
the amendments made by this section, including to ensure that such
programs, projects, or activities are completed in a timely and
effective manner.
(e) <<NOTE: Deadlines. 47 USC 1752 note.>> Coordination.--The
Secretary of Agriculture, the Secretary of Education, and the Secretary
of Health and Human Services shall--
(1) <<NOTE: Memorandum.>> not later than 60 days after the
date of enactment of this Act, enter into a memorandum of
understanding with
[[Page 135 STAT. 1244]]
the Universal Service Administrative Company to provide for the
expeditious sharing of data through the National Verifier (as
that term is defined in section 54.400 of title 47, Code of
Federal Regulations, or any successor regulation), or any
successor system, for the purposes of verifying consumer
eligibility for the program established under section 904 of
division N of the Consolidated Appropriations Act, 2021 (Public
Law 116-260), as amended by this section; and
(2) not later than 90 days after the date of enactment of
this Act, begin to share data under the memorandum of
understanding described in paragraph (1) for the purposes
described in that paragraph.
SEC. 60503. COORDINATION WITH CERTAIN OTHER FEDERAL AGENCIES.
Section 804(b)(2) of the Communications Act of 1934 (47 U.S.C.
644(b)(2)), as added by section 2 of the Broadband DATA Act (Public Law
116-130), is amended--
(1) in subparagraph (A), by adding ``and'' at the end; and
(2) by striking subparagraphs (B) and (C) and inserting the
following:
``(B) coordinate with the Postmaster General, the
heads of other Federal agencies that operate delivery
fleet vehicles, and the Director of the Bureau of the
Census for assistance with data collection whenever
coordination could feasibly yield more specific
geographic data.''.
SEC. 60504. <<NOTE: 47 USC 1753.>> ADOPTION OF CONSUMER BROADBAND
LABELS.
(a) <<NOTE: Deadline. Requirement. Disclosure.>> Final Rule.--Not
later than 1 year after the date of enactment of this Act, the
Commission shall promulgate regulations to require the display of
broadband consumer labels, as described in the Public Notice of the
Commission issued on April 4, 2016 (DA 16-357), to disclose to consumers
information regarding broadband internet access service plans.
(b) Introductory Rate Information.--
(1) In general.--The broadband consumer label required under
subsection (a) shall also include information regarding whether
the offered price is an introductory rate and, if so, the price
the consumer will be required to pay following the introductory
period.
(2) Use in broadband data collection.--The Commission shall
rely on the price information displayed on the broadband
consumer label required under subsection (a) for any collection
of data relating to the price and subscription rates of each
covered broadband internet access service under section
60502(c).
(c) <<NOTE: Assessment.>> Hearings.--In issuing the final rule
under subsection (a), the Commission shall conduct a series of public
hearings to assess, at the time of the proceeding--
(1) how consumers evaluate broadband internet access service
plans; and
(2) whether disclosures to consumers of information
regarding broadband internet access service plans, including the
disclosures required under section 8.1 of title 47, Code of
Federal Regulations, are available, effective, and sufficient.
[[Page 135 STAT. 1245]]
SEC. 60505. GAO REPORT.
(a) Definitions.--In this section, the term ``appropriate committees
of Congress'' means--
(1) the Committee on Appropriations of the Senate;
(2) the Committee on Appropriations of the House of
Representatives;
(3) the Committee on Commerce, Science, and Transportation
of the Senate;
(4) the Committee on Environment and Public Works of the
Senate;
(5) the Committee on Agriculture, Nutrition, and Forestry of
the Senate;
(6) the Committee on Energy and Commerce of the House of
Representatives;
(7) the Committee on Agriculture of the House of
Representatives; and
(8) the Committee on Transportation and Infrastructure of
the House of the Representatives.
(b) <<NOTE: Evaluation.>> Report.--Not later than 1 year after the
date of enactment of this Act, the Comptroller General of the United
States shall submit to the appropriate committees of Congress a report
that evaluates the process used by the Commission for establishing,
reviewing, and updating the upload and download speed thresholds for
broadband internet access service, including--
(1) how the Commission reviews and updates broadband
internet access speed thresholds;
(2) <<NOTE: Time periods.>> whether the Commission should
consider future broadband internet access service speed needs
when establishing broadband internet access service speed
thresholds, including whether the Commission considers the need,
or the anticipated need, for higher upload or download broadband
internet access service speeds in the 5-year period and the 10-
year period after the date on which a broadband internet access
service speed threshold is to be established; and
(3) whether the Commission should consider the impacts of
changing uses of the internet in establishing, reviewing, or
updating broadband internet access service speed thresholds,
including--
(A) the proliferation of internet-based business;
(B) working remotely and running a business from
home;
(C) video teleconferencing;
(D) distance learning;
(E) in-house web hosting; and
(F) cloud data storage.
SEC. 60506. <<NOTE: 47 USC 1754.>> DIGITAL DISCRIMINATION.
(a) Statement of Policy.--It is the policy of the United States
that, insofar as technically and economically feasible--
(1) subscribers should benefit from equal access to
broadband internet access service within the service area of a
provider of such service;
(2) <<NOTE: Definition.>> the term ``equal access'', for
purposes of this section, means the equal opportunity to
subscribe to an offered service that provides comparable speeds,
capacities, latency, and other quality of service metrics in a
given area, for comparable terms and conditions; and
[[Page 135 STAT. 1246]]
(3) the Commission should take steps to ensure that all
people of the United States benefit from equal access to
broadband internet access service.
(b) <<NOTE: Deadline.>> Adoption of Rules.--Not later than 2 years
after the date of enactment of this Act, the Commission shall adopt
final rules to facilitate equal access to broadband internet access
service, taking into account the issues of technical and economic
feasibility presented by that objective, including--
(1) preventing digital discrimination of access based on
income level, race, ethnicity, color, religion, or national
origin; and
(2) identifying necessary steps for the Commissions to take
to eliminate discrimination described in paragraph (1).
(c) Federal Policies.--The Commission and the Attorney General shall
ensure that Federal policies promote equal access to robust broadband
internet access service by prohibiting deployment discrimination based
on--
(1) the income level of an area;
(2) the predominant race or ethnicity composition of an
area; or
(3) other factors the Commission determines to be relevant
based on the findings in the record developed from the
rulemaking under subsection (b).
(d) Model State and Local Policies.--The Commission shall develop
model policies and best practices that can be adopted by States and
localities to ensure that broadband internet access service providers do
not engage in digital discrimination.
(e) Complaints.--The Commission shall revise its public complaint
process to accept complaints from consumers or other members of the
public that relate to digital discrimination.
TITLE <<NOTE: Telecommunica- tions Skilled Workforce Act.>> VI--
TELECOMMUNICATIONS INDUSTRY WORKFORCE
SEC. 60601. <<NOTE: 47 USC 609 note.>> SHORT TITLE.
This title may be cited as the ``Telecommunications Skilled
Workforce Act''.
SEC. 60602. TELECOMMUNICATIONS INTERAGENCY WORKING GROUP.
(a) In General.--Part I of title III of the Communications Act of
1934 (47 U.S.C. 301 et seq.) is amended by adding at the end the
following:
``SEC. 344. <<NOTE: 47 USC 344.>> TELECOMMUNICATIONS INTERAGENCY
WORKING GROUP.
``(a) Definition.--In this section, the term `telecommunications
interagency working group' means the interagency working group
established under subsection (b)(1).
``(b) Establishment.--
``(1) <<NOTE: Deadline.>> In general.--Not later than 60
days after the date of enactment of this section, the Chairman
of the Commission, in partnership with the Secretary of Labor,
shall establish within the Commission an interagency working
group to develop recommendations to address the workforce needs
of the telecommunications industry, including the safety of that
workforce.
[[Page 135 STAT. 1247]]
``(2) Date of establishment.--The telecommunications
interagency working group shall be considered established on the
date on which a majority of the members of the working group
have been appointed, consistent with subsection (d).
``(c) Duties.--In developing recommendations under subsection (b),
the telecommunications interagency working group shall--
``(1) determine whether, and if so how, any Federal laws,
regulations, guidance, policies, or practices, or any budgetary
constraints, may be amended to strengthen the ability of
institutions of higher education (as defined in section 101 of
the Higher Education Act of 1965 (20 U.S.C. 1001)) or for-profit
businesses to establish, adopt, or expand programs intended to
address the workforce needs of the telecommunications industry,
including the workforce needed to build and maintain the 5G
wireless infrastructure necessary to support 5G wireless
technology;
``(2) identify potential policies and programs that could
encourage and improve coordination among Federal agencies,
between Federal agencies and States, and among States, on
telecommunications workforce needs;
``(3) identify ways in which existing Federal programs,
including programs that help facilitate the employment of
veterans and military personnel transitioning into civilian
life, could be leveraged to help address the workforce needs of
the telecommunications industry;
``(4) identify ways to improve recruitment in workforce
development programs in the telecommunications industry;
``(5) identify Federal incentives that could be provided to
institutions of higher education, for-profit businesses, State
workforce development boards established under section 101 of
the Workforce Innovation and Opportunity Act (29 U.S.C. 3111),
or other relevant stakeholders to establish or adopt new
programs, expand current programs, or partner with registered
apprenticeship programs, to address the workforce needs of the
telecommunications industry, including such needs in rural
areas;
``(6) identify ways to improve the safety of
telecommunications workers, including tower climbers; and
``(7) identify ways that trends in wages, benefits, and
working conditions in the telecommunications industry impact
recruitment of employees in the sector.
``(d) <<NOTE: Appointments.>> Members.--The telecommunications
interagency working group shall be composed of the following
representatives of Federal agencies and relevant non-Federal industry
and labor stakeholder organizations:
``(1) A representative of the Department of Education,
appointed by the Secretary of Education.
``(2) A representative of the National Telecommunications
and Information Administration, appointed by the Assistant
Secretary of Commerce for Communications and Information.
``(3) A representative of the Commission, appointed by the
Chairman of the Commission.
``(4) A representative of a registered apprenticeship
program in construction or maintenance, appointed by the
Secretary of Labor.
``(5) A representative of a telecommunications industry
association, appointed by the Chairman of the Commission.
[[Page 135 STAT. 1248]]
``(6) A representative of an Indian Tribe or Tribal
organization, appointed by the Chairman of the Commission.
``(7) A representative of a rural telecommunications
carrier, appointed by the Chairman of the Commission.
``(8) A representative of a telecommunications contractor
firm, appointed by the Chairman of the Commission.
``(9) A representative of an institution of higher education
described in section 371(a) of the Higher Education Act of 1965
(20 U.S.C. 1067q(a)), appointed by the Secretary of Education.
``(10) A public interest advocate for tower climber safety,
appointed by the Secretary of Labor.
``(11) A representative of the Directorate of Construction
of the Occupational Safety and Health Administration, appointed
by the Secretary of Labor.
``(12) A representative of a labor organization representing
the telecommunications workforce, appointed by the Secretary of
Labor.
``(e) No Compensation.--A member of the telecommunications
interagency working group shall serve without compensation.
``(f) Other Matters.--
``(1) Chair and vice chair.--The telecommunications
interagency working group shall name a chair and a vice chair,
who shall be responsible for organizing the business of the
working group.
``(2) Subgroups.--The chair and vice chair of the
telecommunications interagency working group, in consultation
with the other members of the telecommunications interagency
working group, may establish such subgroups as necessary to help
conduct the work of the telecommunications interagency working
group.
``(3) Support.--The Commission and the Secretary of Labor
may detail employees of the Commission and the Department of
Labor, respectively, to assist and support the work of the
telecommunications interagency working group, though such a
detailee shall not be considered to be a member of the working
group.
``(g) Report to Congress.--
``(1) <<NOTE: Recommenda- tions.>> Report to congress.--Not
later than 1 year after the date on which the telecommunications
interagency working group is established, the working group
shall submit a report containing its recommendations to address
the workforce needs of the telecommunications industry to--
``(A) the Committee on Commerce, Science, and
Transportation of the Senate;
``(B) the Committee on Health, Education, Labor, and
Pensions of the Senate;
``(C) the Committee on Energy and Commerce of the
House of Representatives;
``(D) the Committee on Education and Labor of the
House of Representatives;
``(E) the Department of Labor; and
``(F) the Commission.
``(2) Majority support.--The telecommunications interagency
working group may not submit the report under paragraph (1)
unless the report has the support of not less than the majority
of the members of the working group.
[[Page 135 STAT. 1249]]
``(3) Views.--The telecommunications interagency working
group shall--
``(A) include with the report submitted under
paragraph (1) any concurring or dissenting view offered
by a member of the working group; and
``(B) identify each member to whom each concurring
or dissenting view described in subparagraph (A) should
be attributed.
``(4) <<NOTE: Records.>> Public posting.--The Commission and
the Secretary of Labor shall make a copy of the report submitted
under paragraph (1) available to the public on the websites of
the Commission and the Department of Labor, respectively.
``(h) Nonapplicability of FACA.--The Federal Advisory Committee Act
(5 U.S.C. App.) shall not apply to the telecommunications interagency
working group.''.
(b) <<NOTE: Repeal. 47 USC 344 and note.>> Sunset.--Section 344 of
the Communications Act of 1934, as added by subsection (a), shall be
repealed on the day after the date on which the interagency working
group established under subsection (b)(1) of that section submits the
report to Congress under subsection (g) of that section.
SEC. 60603. <<NOTE: Deadline. 29 USC 3111 note.>>
TELECOMMUNICATIONS WORKFORCE GUIDANCE.
Not later than 1 year after the date of enactment of this Act, the
Secretary of Labor, in partnership with the Chairman of the Federal
Communications Commission, shall establish and issue guidance on how
States can address the workforce needs and safety of the
telecommunications industry, including guidance on how a State workforce
development board established under section 101 of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3111) can--
(1) utilize Federal resources available to States to meet
the workforce needs of the telecommunications industry;
(2) promote and improve recruitment in workforce development
programs in the telecommunications industry; and
(3) ensure the safety of the telecommunications workforce,
including tower climbers.
SEC. 60604. GAO ASSESSMENT OF WORKFORCE NEEDS OF THE
TELECOMMUNICATIONS INDUSTRY.
(a) Definitions.--In this section, the term ``appropriate
congressional committees'' means--
(1) the Committee on Commerce, Science, and Transportation
of the Senate;
(2) the Committee on Health, Education, Labor, and Pensions
of the Senate;
(3) the Committee on Energy and Commerce of the House of
Representatives; and
(4) the Committee on Education and Labor of the House of
Representatives.
(b) Report.--Not later than 180 days after the date of enactment of
this Act, the Comptroller General of the United States shall submit to
the appropriate congressional committees a report that estimates the
number of skilled telecommunications workers that will be required to
build and maintain--
(1) broadband infrastructure in rural areas, including
estimates based on--
(A) current need; and
[[Page 135 STAT. 1250]]
(B) projected need, if Congress enacts legislation
that accelerates broadband infrastructure construction
in the United States; and
(2) the wireless infrastructure needed to support 5G
wireless technology.
DIVISION G--OTHER AUTHORIZATIONS
TITLE I--INDIAN WATER RIGHTS SETTLEMENT COMPLETION FUND
SEC. 70101. <<NOTE: 25 USC 149.>> INDIAN WATER RIGHTS SETTLEMENT
COMPLETION FUND.
(a) Establishment.--There is established in the Treasury of the
United States a fund to be known as the ``Indian Water Rights Settlement
Completion Fund'' (referred to in this section as the ``Fund'').
(b) Deposits.--
(1) <<NOTE: Effective dates.>> In general.--On the later of
October 1, 2021, and the date of enactment of this Act, out of
any funds in the Treasury not otherwise appropriated, the
Secretary of the Treasury shall deposit in the Fund
$2,500,000,000, to remain available until expended.
(2) Availability.--Amounts deposited in the Fund under
paragraph (1) shall be available to the Secretary of the
Interior, without further appropriation or fiscal year
limitation, for the uses described in subsection (c).
(c) Uses.--Subject to subsection (d), amounts deposited in the Fund
under subsection (b) shall be used by the Secretary of the Interior for
transfers to funds or accounts authorized to receive discretionary
appropriations, or to satisfy other obligations identified by the
Secretary of the Interior, under an Indian water settlement approved and
authorized by an Act of Congress before the date of enactment of this
Act.
(d) <<NOTE: Determinations.>> Scope of Transfers.--
(1) In general.--Transfers authorized under subsection (c)
shall be made in such amounts as are determined by the Secretary
of the Interior to be appropriate to satisfy the obligations of
the United States, including appropriate indexing, pursuant to
the applicable Indian water settlement.
(2) Sequence and timing.--The Secretary of the Interior
shall have the discretion to determine the sequence and timing
of transfers from the Fund under subsection (c) in order to
substantially complete the eligible Indian water settlements as
expeditiously as practicable.
TITLE <<NOTE: Wildland Fire Mitigation and Management Commission Act of
2021.>> II--WILDFIRE MITIGATION
SEC. 70201. SHORT TITLE.
This title may be cited as the ``Wildland Fire Mitigation and
Management Commission Act of 2021''.
SEC. 70202. DEFINITIONS.
In this title:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
[[Page 135 STAT. 1251]]
(A) the Committee on Energy and Natural Resources of
the Senate;
(B) the Committee on Agriculture, Nutrition, and
Forestry of the Senate;
(C) the Committee on Homeland Security and
Governmental Affairs of the Senate;
(D) the Committee on Appropriations of the Senate;
(E) the Committee on Environment and Public Works of
the Senate;
(F) the Committee on Natural Resources of the House
of Representatives;
(G) the Committee on Agriculture of the House of
Representatives;
(H) the Committee on Homeland Security of the House
of Representatives;
(I) the Committee on Appropriations of the House of
Representatives;
(J) the Committee on Ways and Means of the House of
Representatives; and
(K) the Committee on Natural Resources of the House
of Representatives.
(2) Commission.--The term ``Commission'' means the
commission established under section 70203(a).
(3) <<NOTE: Time period.>> High-risk indian tribal
government.--The term ``high-risk Indian tribal government''
means an Indian tribal government, during not fewer than 4 of
the 5 years preceding the date of enactment of this Act--
(A) that received fire management assistance under
section 420 of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5187); or
(B) land of which included an area for which the
President declared a major disaster for fire in
accordance with section 401 of that Act (42 U.S.C.
5170).
(4) <<NOTE: Time period.>> High-risk state.--The term
``high-risk State'' means a State that, during not fewer than 4
of the 5 years preceding the date of enactment of this Act--
(A) received fire management assistance under
section 420 of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5187); or
(B) included an area for which the President
declared a major disaster for fire in accordance with
section 401 of that Act (42 U.S.C. 5170).
(5) Indian tribal government.--The term ``Indian tribal
government'' has the meaning given the term in section 102 of
the Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5122).
(6) Secretaries.--The term ``Secretaries'' means--
(A) the Secretary of the Interior;
(B) the Secretary of Agriculture; and
(C) the Secretary of Homeland Security, acting
through the Administrator of the Federal Emergency
Management Agency.
(7) State.--The term ``State'' has the meaning given the
term in section 102 of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5122).
(8) Wildland-urban interface.--The term ``wildland-urban
interface'' has the meaning given the term in section
[[Page 135 STAT. 1252]]
101 of the Healthy Forests Restoration Act of 2003 (16 U.S.C.
6511).
SEC. 70203. ESTABLISHMENT OF COMMISSION.
(a) <<NOTE: Deadline. Study. Recommenda- tions.>> Establishment.--
Not later than 30 days after the date of enactment of this Act, the
Secretaries shall jointly establish a commission to study and make
recommendations to improve Federal policies relating to--
(1) the prevention, mitigation, suppression, and management
of wildland fires in the United States; and
(2) the rehabilitation of land in the United States
devastated by wildland fires.
(b) Membership.--
(1) Composition.--The Commission shall be composed of--
(A) each of the Secretaries (or designees), who
shall jointly serve as the co-chairpersons of the
Commission;
(B) <<NOTE: Appointments.>> 9 representatives of
Federal departments or agencies, to be appointed by the
Secretaries, including--
(i) not fewer than 1 representative from each
of--
(I) the Bureau of Land Management;
(II) the National Park Service;
(III) the Bureau of Indian Affairs;
(IV) the United States Fish and
Wildlife Service; and
(V) the Forest Service;
(ii) a representative of or liaison to the
Mitigation Framework Leadership Group of the
Federal Emergency Management Agency;
(iii) a representative to the National
Interagency Coordination Center, which is part of
the National Wildfire Coordination Group;
(iv) a representative from 1 of the
coordinating agencies of the Recovery Support
Function Leadership Group; and
(v) if the Secretaries determine it to be
appropriate, a representative of any other Federal
department or agency, such as the Department of
Energy, the Environmental Protection Agency, or
the Department of Defense; and
(C) <<NOTE: Appointments.>> 18 non-Federal
stakeholders with expertise in wildland fire
preparedness, mitigation, suppression, or management,
who collectively have a combination of backgrounds,
experiences, and viewpoints and are representative of
rural, urban, and suburban areas, to be appointed by the
Secretaries, including--
(i) not fewer than 1 State hazard mitigation
officer of a high-risk State (or a designee);
(ii) with preference given to representatives
from high-risk States and high-risk Indian tribal
governments, not fewer than 1 representative from
each of--
(I) a State department of natural
resources, forestry, or agriculture or a
similar State agency;
(II) a State department of energy or
a similar State agency;
(III) a county government, with
preference given to counties at least a
portion of which is in the wildland-
urban interface; and
[[Page 135 STAT. 1253]]
(IV) a municipal government, with
preference given to municipalities at
least a portion of which is in the
wildland-urban interface;
(iii) with preference given to representatives
from high-risk States and high-risk Indian tribal
governments, not fewer than 1 representative from
each of--
(I) the public utility industry;
(II) the property development
industry;
(III) Indian tribal governments;
(IV) wildland firefighters; and
(V) an organization--
(aa) described in section
501(c)(3) of the Internal
Revenue Code of 1986 and exempt
from taxation under section
501(a) of that Code; and
(bb) with expertise in
forest management and
environmental conservation;
(iv) not greater than 2 other appropriate non-
Federal stakeholders, which may include the
private sector; and
(v) any other appropriate non-Federal
stakeholders, which may include the private
sector, with preference given to non-Federal
stakeholders from high-risk States and high-risk
Indian tribal governments.
(2) State limitation.--Each member of the Commission
appointed under clauses (i) and (ii) of paragraph (1)(C) shall
represent a different State.
(3) <<NOTE: Deadline.>> Date.--The appointments of the
members of the Commission shall be made not later than 60 days
after the date of enactment of this Act.
(c) Period of Appointment; Vacancies.--
(1) In general.--A member of the Commission shall be
appointed for the life of the Commission.
(2) Vacancies.--A vacancy in the Commission--
(A) shall not affect the powers of the Commission;
and
(B) shall be filled in the same manner as the
original appointment.
(d) Meetings.--
(1) <<NOTE: Deadline.>> Initial meeting.--Not later than 30
days after the date on which all members of the Commission have
been appointed, the Commission shall hold the first meeting of
the Commission.
(2) <<NOTE: Time period.>> Frequency.--The Commission shall
meet not less frequently than once every 30 days.
(3) Type.--The Commission may hold meetings, and a member of
the Commission may participate in a meeting, remotely through
teleconference, video conference, or similar means.
(4) Quorum.--A majority of the members of the Commission
shall constitute a quorum, but a lesser number of members may
hold hearings.
SEC. 70204. DUTIES OF COMMISSION.
(a) Report on Recommendations to Mitigate and Manage Wildland
Fires.--
[[Page 135 STAT. 1254]]
(1) In general.--Not later than 1 year after the date of the
first meeting of the Commission, the Commission shall submit to
the appropriate committees of Congress a report describing
recommendations to prevent, mitigate, suppress, and manage
wildland fires, including--
(A) policy recommendations, including
recommendations--
(i) to maximize the protection of human life,
community water supplies, homes, and other
essential structures, which may include
recommendations to expand the use of initial
attack strategies;
(ii) to facilitate efficient short- and long-
term forest management in residential and
nonresidential at-risk areas, which may include a
review of community wildfire protection plans;
(iii) to manage the wildland-urban interface;
(iv) to manage utility corridors;
(v) to rehabilitate land devastated by
wildland fire; and
(vi) to improve the capacity of the Secretary
of Agriculture and the Secretary of the Interior
to conduct hazardous fuels reduction projects;
(B) policy recommendations described in subparagraph
(A) with respect to any recommendations for--
(i) categorical exclusions from the
requirement to prepare an environmental impact
statement or analysis under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321
et seq.); or
(ii) additional staffing or resources that may
be necessary to more expeditiously prepare an
environmental impact statement or analysis under
that Act;
(C) policy recommendations for modernizing and
expanding the use of technology, including satellite
technology, remote sensing, unmanned aircraft systems,
and any other type of emerging technology, to prevent,
mitigate, suppress, and manage wildland fires, including
any recommendations with respect to--
(i) the implementation of section 1114 of the
John D. Dingell, Jr. Conservation, Management, and
Recreation Act (43 U.S.C. 1748b-1); or
(ii) improving early wildland fire detection;
(D) <<NOTE: Assessments.>> an assessment of Federal
spending on wildland fire-related disaster management,
including--
(i) a description and assessment of Federal
grant programs for States and units of local
government for pre- and post-wildland fire
disaster mitigation and recovery, including--
(I) the amount of funding provided
under each program;
(II) the effectiveness of each
program with respect to long-term forest
management and maintenance; and
(III) recommendations to improve the
effectiveness of each program, including
with respect to--
(aa) the conditions on the
use of funds received under the
program; and
[[Page 135 STAT. 1255]]
(bb) the extent to which
additional funds are necessary
for the program;
(ii) <<NOTE: Evaluation.>> an evaluation,
including recommendations to improve the
effectiveness in mitigating wildland fires, which
may include authorizing prescribed fires, of--
(I) the Building Resilient
Infrastructure and Communities program
under section 203 of the Robert T.
Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5133);
(II) the Pre-Disaster Mitigation
program under that section (42 U.S.C.
5133);
(III) the Hazard Mitigation Grant
Program under section 404 of that Act
(42 U.S.C. 5170c);
(IV) Hazard Mitigation Grant Program
post-fire assistance under sections 404
and 420 of that Act (42 U.S.C. 5170c,
5187); and
(V) <<NOTE: Determination.>> such
other programs as the Commission
determines to be appropriate;
(iii) <<NOTE: Assessment.>> an assessment of
the definition of ``small impoverished community''
under section 203(a) of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42
U.S.C. 5133(a)), specifically--
(I) the exclusion of the percentage
of land owned by an entity other than a
State or unit of local government; and
(II) any related economic impact of
that exclusion; and
(iv) recommendations for Federal budgeting for
wildland fires and post-wildfire recovery;
(E) any recommendations for matters under
subparagraph (A), (B), (C), or (D) specific to--
(i) forest type, vegetation type, or forest
and vegetation type; or
(ii) State land, Tribal land, or private land;
(F)(i) <<NOTE: Review.>> a review of the national
strategy described in the report entitled ``The National
Strategy: The Final Phase in the Development of the
National Cohesive Wildland Fire Management Strategy''
and dated April 2014; and
(ii) any recommendations for changes to that
national strategy to improve its effectiveness; and
(G)(i) <<NOTE: Evaluation.>> an evaluation of
coordination of response to, and suppression of,
wildfires occurring on Federal, Tribal, State, and local
land among Federal, Tribal, State, and local agencies
with jurisdiction over that land; and
(ii) any recommendations to improve the coordination
described in clause (i).
(2) Specific policy recommendations.--To the maximum extent
practicable, the report described in paragraph (1) shall include
detailed short- and long-term policy recommendations, including
any recommendations for Federal legislation.
(3) <<NOTE: Determination.>> Interim reports.--Before the
submission of the report under paragraph (1), on approval of all
members of the Commission, the Commission may submit to the
appropriate committees of Congress 1 or more interim reports, as
the Commission determines to be appropriate, relating to any
matters described in paragraph (1).
[[Page 135 STAT. 1256]]
(b) Report on Aerial Wildland Firefighting Equipment Strategy and
Inventory Assessment.--
(1) <<NOTE: Deadline.>> Submission of inventory to the
commission.--Not later than 45 days after the date on which the
Commission holds the first meeting of the Commission, the
Secretary of Defense and the heads of other relevant Federal
departments and agencies shall submit to the Commission an
inventory of surplus cargo and passenger aircraft and excess
common-use aircraft parts that may be used for wildland
firefighting purposes, excluding any aircraft or aircraft parts
that are--
(A) reasonably anticipated to be necessary for
military operations, readiness, or fleet management in
the future; or
(B) already obligated for purposes other than
fighting wildland fires.
(2) <<NOTE: Deadline.>> Submission of report to congress.--
Not later than 90 days after the date on which the Commission
receives the inventory described in paragraph (1), the
Commission shall submit to the appropriate committees of
Congress a report outlining a strategy to meet aerial
firefighting equipment needs through 2030 in the most cost-
effective manner, including--
(A) an assessment of the expected number of aircraft
and aircraft parts needed to fight wildland fires
through 2030;
(B) an assessment of existing authorities of the
Secretary of Defense and the heads of other relevant
Federal departments and agencies to provide or sell
surplus aircraft or aircraft parts to Federal, State, or
local authorities for wildland firefighting use,
including--
(i) a description of the current use of each
existing authority; and
(ii) a description of any additional
authorities that are needed for the Secretary of
Defense and the heads of other relevant Federal
departments and agencies to provide or sell
surplus aircraft or aircraft parts to Federal,
State, or local authorities for wildland
firefighting use; and
(C) <<NOTE: Recommenda- tions.>> recommendations to
ensure the availability of aircraft and aircraft parts
that the Commission expects will be necessary to fight
wildland fires through 2030 in the most cost-effective
manner.
(3) Considerations for accessing aircraft and aircraft
parts.--In developing the strategy in the report required under
paragraph (2) and the recommendations under paragraph (2)(C),
the Commission shall consider all private and public sector
options for accessing necessary aircraft and aircraft parts,
including procurement, contracting, retrofitting, and public-
private partnerships.
(4) Unclassified report.--The inventory and report submitted
under paragraphs (1) and (2), respectively--
(A) shall be unclassified; but
(B) <<NOTE: Classified information.>> may include a
classified annex.
(c) Majority Requirement.--Not less than \2/3\ of the members of the
Commission shall approve the recommendations contained in each report
submitted under subsection (a) or (b)(2).
[[Page 135 STAT. 1257]]
SEC. 70205. POWERS OF COMMISSION.
(a) Hearings.--The Commission may hold such hearings, sit and act at
such times and places, take such testimony, and receive such evidence as
the Commission considers advisable to carry out this title.
(b) Information From Federal Agencies.--
(1) In general.--The Commission may secure directly from a
Federal department or agency such information as the Commission
considers necessary to carry out this title.
(2) Furnishing information.--On request of the Chairpersons
of the Commission, the head of the department or agency shall
furnish the information to the Commission.
(c) Postal Services.--The Commission may use the United States mails
in the same manner and under the same conditions as other departments
and agencies of the Federal Government.
(d) Gifts.--The Commission may accept, use, and dispose of such
gifts or donations of services or property as the Commission considers
necessary to carry out this title.
SEC. 70206. COMMISSION PERSONNEL MATTERS.
(a) No Compensation.--A member of the Commission shall serve without
compensation.
(b) Travel Expenses.--A member of the Commission shall be allowed
travel expenses, including per diem in lieu of subsistence, at rates
authorized for employees of agencies under subchapter I of chapter 57 of
title 5, United States Code, while away from their homes or regular
places of business in the performance of services for the Commission.
(c) Staff.--
(1) In general.--The Chairpersons of the Commission may,
without regard to the civil service laws (including
regulations), appoint and terminate an executive director and
such other additional personnel as may be necessary to enable
the Commission to perform its duties, except that the employment
of an executive director shall be subject to confirmation by the
Commission.
(2) Compensation.--The Chairpersons of the Commission may
fix the compensation of the executive director and other
personnel without regard to chapter 51 and subchapter III of
chapter 53 of title 5, United States Code, relating to
classification of positions and General Schedule pay rates,
except that the rate of pay for the executive director and other
personnel may not exceed the rate payable for level V of the
Executive Schedule under section 5316 of that title.
(d) Detail of Government Employees.--A Federal Government employee
may be detailed to the Commission without reimbursement, and such detail
shall be without interruption or loss of civil service status or
privilege.
(e) Procurement of Temporary and Intermittent Services.--The
Chairpersons of the Commission may procure temporary and intermittent
services under section 3109(b) of title 5, United States Code, at rates
for individuals that do not exceed the daily equivalent of the annual
rate of basic pay prescribed for level V of the Executive Schedule under
section 5316 of that title.
[[Page 135 STAT. 1258]]
SEC. 70207. TERMINATION OF COMMISSION.
The Commission shall terminate on the date that is 180 days after
the date on which the Commission has submitted the reports under
subsections (a) and (b) of section 70204.
TITLE <<NOTE: Repairing Existing Public Land by Adding Necessary Trees
Act.>> III--REFORESTATION
SEC. 70301. <<NOTE: 16 USC 1600 note.>> SHORT TITLE.
This title may be cited as the ``Repairing Existing Public Land by
Adding Necessary Trees Act'' or the ``REPLANT Act''.
SEC. 70302. REFORESTATION FOLLOWING WILDFIRES AND OTHER UNPLANNED
EVENTS.
(a) Forest and Rangeland Renewable Resources Planning Act of 1974.--
(1) National forest cover policy.--
(A) In general.--Section 3 of the Forest and
Rangeland Renewable Resources Planning Act of 1974 (16
U.S.C. 1601) is amended--
(i) by redesignating subsection (e) as
subsection (f);
(ii) by redesignating the second subsection
(d) (relating to the policy of Congress regarding
forested land in the National Forest System) as
subsection (e); and
(iii) in subsection (e) (as so redesignated)--
(I) in paragraph (2)--
(aa) in the first sentence--
(AA) by striking ``9 of
this Act, the Secretary
shall annually for eight
years following the
enactment of this
subsection'' and inserting
``9, the Secretary shall,
annually during each of the
10 years beginning after the
date of enactment of the
REPLANT Act''; and
(BB) by striking
``eight-year'' and inserting
``10-year'';
(bb) in the second sentence,
by striking ``such eight-year
period'' and inserting ``the 10-
year period''; and
(cc) in the third sentence,
by striking ``1978'' and
inserting ``2021'';
(II) in paragraph (3), in the first
sentence, by striking ``subsection (d)''
and inserting ``subsection''; and
(III) by adding at the end the
following:
``(4) Reforestation requirements.--
``(A) Definitions.--In this paragraph:
``(i) Natural regeneration.--
``(I) In general.--The term `natural
regeneration' means the establishment of
a tree or tree age class from natural
seeding, sprouting, or suckering in
accordance with the management
objectives of an applicable land
management plan.
``(II) Inclusion.--The term `natural
regeneration' may include any site
preparation activity to
[[Page 135 STAT. 1259]]
enhance the success of regeneration to
the desired species composition and
structure.
``(ii) Priority land.--The term `priority
land' means National Forest System land that, due
to an unplanned event--
``(I) does not meet the conditions
for appropriate forest cover described
in paragraph (1);
``(II) requires reforestation to
meet the objectives of an applicable
land management plan; and
``(III) is unlikely to experience
natural regeneration without assistance.
``(iii) Reforestation.--The term
`reforestation' means the act of renewing tree
cover, taking into consideration species
composition and resilience, by establishing young
trees through--
``(I) natural regeneration;
``(II) natural regeneration with
site preparation; or
``(III) planting or direct seeding.
``(iv) Secretary.--The term `Secretary' means
the Secretary, acting through the Chief of the
Forest Service.
``(v) Unplanned event.--
``(I) In general.--The term
`unplanned event' means any unplanned
disturbance that--
``(aa) disrupts ecosystem or
forest structure or composition;
or
``(bb) changes resources,
substrate availability, or the
physical environment.
``(II) Inclusions.--The term
`unplanned event' may include--
``(aa) a wildfire;
``(bb) an infestation of
insects or disease;
``(cc) a weather event; and
``(dd) animal damage.
``(B) Requirement.--Each reforestation activity
under this section shall be carried out in accordance
with applicable Forest Service management practices and
definitions, including definitions relating to
silvicultural practices and forest management.
``(C) Reforestation priority.--
``(i) In general.--In carrying out this
subsection, the Secretary shall give priority to
projects on the priority list described in clause
(ii).
``(ii) Priority list.--
``(I) In general.--The Secretary
shall, based on recommendations from
regional foresters, create a priority
list of reforestation projects that--
``(aa) primarily take place
on priority land;
``(bb) promote effective
reforestation following
unplanned events; and
``(cc) may include
activities to ensure adequate
and appropriate seed
availability.
``(II) Ranking.--The Secretary shall
rank projects on the priority list under
subclause (I) based on--
[[Page 135 STAT. 1260]]
``(aa) documentation of an
effective reforestation project
plan;
``(bb) the ability to
measure the progress and success
of the project; and
``(cc) the ability of a
project to provide benefits
relating to forest function and
health, soil health and
productivity, wildlife habitat,
improved air and water quality,
carbon sequestration potential,
resilience, job creation, and
enhanced recreational
opportunities.''.
(B) Conforming amendment.--Section 9 of the
Cooperative Forestry Assistance Act of 1978 (16 U.S.C.
2105) is amended, in the undesignated matter following
paragraph (5) of subsection (g)--
(i) by striking ``section 3(d)'' and inserting
``subsection (e) of section 3''; and
(ii) by striking ``1601(d)'' and inserting
``1601''.
(2) National forest system program elements.--Section 9 of
the Forest and Rangeland Renewable Resources Planning Act of
1974 (16 U.S.C. 1607) is amended, in the second sentence, by
striking ``2000'' and inserting ``2030''.
(b) Reforestation Trust Fund.--Section 303 of Public Law 96-451 (16
U.S.C. 1606a) is amended--
(1) in subsection (b)--
(A) by striking paragraph (2);
(B) in paragraph (3)--
(i) in the second sentence, by striking
``Proper adjustment'' and inserting the following:
``(3) Adjustment of estimates.--Proper adjustment''; and
(ii) by striking ``(3) The amounts'' and
inserting the following:
``(2) Frequency.--The amounts''; and
(C) by striking the subsection designation and all
that follows through ``the Secretary'' in paragraph (1)
and inserting the following:
``(b) Transfers to Trust Fund.--
``(1) In general.--The Secretary''; and
(2) in subsection (d)(1)--
(A) by striking ``section 3(d)'' and inserting
``subsection (e) of section 3''; and
(B) by striking ``1601(d)'' and inserting ``1601''.
SEC. 70303. <<NOTE: 16 USC 1601 note. Public information. Web
posting.>> REPORT.
Not later than 1 year after the date of enactment of this Act, and
annually thereafter, the Secretary of Agriculture shall submit to the
Committee on Agriculture, Nutrition, and Forestry of the Senate and the
Committee on Agriculture of the House of Representatives, and make
publicly available on the website of the Forest Service, a report that
describes, with respect to the preceding year--
(1) <<NOTE: Evaluation.>> an evaluation of the degree to
which the Secretary has achieved compliance with the
requirements contained in the amendments made by this title,
including, as a result of those amendments, the number of acres
covered by reforestation projects that follow unplanned events
(such as wildfires);
[[Page 135 STAT. 1261]]
(2) the total number of acres of land reforested under each
authority of the Secretary under which reforestation projects
have been carried out;
(3) the number of acres of National Forest System land
affected by, and the substance of reforestation needs on that
land resulting from, unplanned events; and
(4) the number of acres in need of reforestation under
subsection (e)(1) of section 3 of the Forest and Rangeland
Renewable Resources Planning Act of 1974 (16 U.S.C. 1601).
TITLE IV--RECYCLING PRACTICES
SEC. 70401. <<NOTE: 42 USC 6966c.>> BEST PRACTICES FOR BATTERY
RECYCLING AND LABELING GUIDELINES.
(a) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Battery.--The term ``battery'' means a device that--
(A) consists of 1 or more electrochemical cells that
are electrically connected; and
(B) is designed to store and deliver electric
energy.
(3) Recycling.--The term ``recycling'' means the series of
activities--
(A) during which recyclable materials are processed
into specification-grade commodities, and consumed as
raw-material feedstock, in lieu of virgin materials, in
the manufacturing of new products;
(B) that may include collection, processing, and
brokering; and
(C) that result in subsequent consumption by a
materials manufacturer, including for the manufacturing
of new products.
(b) Best Practices for Collection of Batteries to Be Recycled.--
(1) In general.--The Administrator shall develop best
practices that may be implemented by State, Tribal, and local
governments with respect to the collection of batteries to be
recycled in a manner that--
(A) to the maximum extent practicable, is
technically and economically feasible for State, Tribal,
and local governments;
(B) is environmentally sound and safe for waste
management workers; and
(C) optimizes the value and use of material derived
from recycling of batteries.
(2) <<NOTE: Coordination.>> Consultation.--The
Administrator shall develop the best practices described in
paragraph (1) in coordination with State, Tribal, and local
governments and relevant nongovernmental and private sector
entities.
(3) Report.--Not later than 2 years after the date of
enactment of this Act, the Administrator shall submit to
Congress a report describing the best practices developed under
paragraph (1).
(4) <<NOTE: Time period.>> Authorization of
appropriations.--There is authorized to be appropriated to the
Administrator to carry out this
[[Page 135 STAT. 1262]]
subsection $10,000,000 for fiscal year 2022, to remain available
until September 30, 2026.
(c) Voluntary Labeling Guidelines.--
(1) In general.--There is established within the
Environmental Protection Agency a program (referred to in this
subsection as the ``program'') to promote battery recycling
through the development of--
(A) voluntary labeling guidelines for batteries; and
(B) other forms of communication materials for
battery producers and consumers about the reuse and
recycling of critical materials from batteries.
(2) Purposes.--The purposes of the program are to improve
battery collection and reduce battery waste, including by--
(A) identifying battery collection locations and
increasing accessibility to those locations;
(B) promoting consumer education about battery
collection and recycling; and
(C) reducing safety concerns relating to the
improper disposal of batteries.
(3) Other standards and law.--The Administrator shall make
every reasonable effort to ensure that voluntary labeling
guidelines and other forms of communication materials developed
under the program are consistent with--
(A) international battery labeling standards; and
(B) the Mercury-Containing and Rechargeable Battery
Management Act (42 U.S.C. 14301 et seq.).
(4) <<NOTE: Time period.>> Authorization of
appropriations.--There is authorized to be appropriated to the
Administrator to carry out this subsection $15,000,000 for
fiscal year 2022, to remain available until September 30, 2026.
SEC. 70402. <<NOTE: 42 USC 6966d.>> CONSUMER RECYCLING EDUCATION
AND OUTREACH GRANT PROGRAM; FEDERAL
PROCUREMENT.
(a) Definition of Administrator.--In this section, the term
``Administrator'' means the Administrator of the Environmental
Protection Agency.
(b) Consumer Recycling Education and Outreach Grant Program.--
(1) In general.--The Administrator shall establish a program
(referred to in this subsection as the ``grant program'') to
award competitive grants to eligible entities to improve the
effectiveness of residential and community recycling programs
through public education and outreach.
(2) Criteria.--The Administrator shall award grants under
the grant program for projects that, by using one or more
eligible activities described in paragraph (5)--
(A) inform the public about residential or community
recycling programs;
(B) provide information about the recycled materials
that are accepted as part of a residential or community
recycling program that provides for the separate
collection of residential solid waste from recycled
material; and
(C) increase collection rates and decrease
contamination in residential and community recycling
programs.
(3) Eligible entities.--
(A) In general.--An entity that is eligible to
receive a grant under the grant program is--
[[Page 135 STAT. 1263]]
(i) a State;
(ii) a unit of local government;
(iii) an Indian Tribe (as defined in section 4
of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 5304));
(iv) a Native Hawaiian organization (as
defined in section 6207 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7517));
(v) the Department of Hawaiian Home Lands;
(vi) the Office of Hawaiian Affairs;
(vii) a nonprofit organization; or
(viii) a public-private partnership.
(B) Coordination of activities.--2 or more entities
described in subparagraph (A) may receive a grant under
the grant program to coordinate the provision of
information to residents that may access 2 or more
residential recycling programs, including programs that
accept different recycled materials, to provide to the
residents information regarding differences among those
residential recycling programs.
(4) Requirement.--
(A) In general.--To receive a grant under the grant
program, an eligible entity shall demonstrate to the
Administrator that the grant funds will be used to
encourage the collection of recycled materials that are
sold to an existing or developing market.
(B) Business plans and financial data.--
(i) In general.--An eligible entity may make a
demonstration under subparagraph (A) through the
submission to the Administrator of appropriate
business plans and financial data.
(ii) Confidentiality.--The Administrator shall
treat any business plans or financial data
received under clause (i) as confidential
information.
(5) Eligible activities.--An eligible entity that receives a
grant under the grant program may use the grant funds for
activities including--
(A) public service announcements;
(B) a door-to-door education and outreach campaign;
(C) social media and digital outreach;
(D) an advertising campaign on recycling awareness;
(E) the development and dissemination of--
(i) a toolkit for a municipal and commercial
recycling program;
(ii) information on the importance of quality
in the recycling stream;
(iii) information on the economic and
environmental benefits of recycling; and
(iv) information on what happens to materials
after the materials are placed into a residential
or community recycling program;
(F) businesses recycling outreach;
(G) bin, cart, and other receptacle labeling and
signs; and
(H) <<NOTE: Determination.>> such other activities
that the Administrator determines are appropriate to
carry out the purposes of this subsection.
[[Page 135 STAT. 1264]]
(6) Prohibition on use of funds.--No funds may be awarded
under the grant program for a residential recycling program
that--
(A) does not provide for the separate collection of
residential solid waste (as defined in section 246.101
of title 40, Code of Federal Regulations (as in effect
on the date of enactment of this Act)) from recycled
material (as defined in that section), unless the funds
are used to promote a transition to a system that
separately collects recycled materials; or
(B) promotes the establishment of, or conversion to,
a residential collection system that does not provide
for the separate collection of residential solid waste
from recycled material (as those terms are defined under
subparagraph (A)).
(7) Model recycling program toolkit.--
(A) <<NOTE: Consultation.>> In general.--In
carrying out the grant program, the Administrator, in
consultation with other relevant Federal agencies,
States, Indian Tribes, units of local government,
nonprofit organizations, and the private sector, shall
develop a model recycling program toolkit for States,
Indian Tribes, and units of local government that
includes, at a minimum--
(i) a standardized set of terms and examples
that may be used to describe materials that are
accepted by a residential recycling program;
(ii) information that the Administrator
determines can be widely applied across
residential recycling programs, taking into
consideration the differences in recycled
materials accepted by residential recycling
programs;
(iii) educational principles on best practices
for the collection and processing of recycled
materials;
(iv) a community self-assessment guide to
identify gaps in existing recycling programs;
(v) training modules that enable States and
nonprofit organizations to provide technical
assistance to units of local government;
(vi) access to consumer educational materials
that States, Indian Tribes, and units of local
government can adapt and use in recycling
programs; and
(vii) a guide to measure the effectiveness of
a grant received under the grant program,
including standardized measurements for recycling
rates and decreases in contamination.
(B) Requirement.--In developing the standardized set
of terms and examples under subparagraph (A)(i), the
Administrator may not establish any requirements for--
(i) what materials shall be accepted by a
residential recycling program; or
(ii) the labeling of products.
(8) School curriculum.--The Administrator shall provide
assistance to the educational community, including nonprofit
organizations, such as an organization the science, technology,
engineering, and mathematics program of which incorporates
recycling, to promote the introduction of recycling principles
and best practices into public school curricula.
[[Page 135 STAT. 1265]]
(9) Reports.--
(A) To the administrator.--Not earlier than 180
days, and not later than 2 years, after the date on
which a grant under the grant program is awarded to an
eligible entity, the eligible entity shall submit to the
Administrator a report describing, by using the guide
developed under paragraph (7)(A)(vii)--
(i) the change in volume of recycled material
collected through the activities funded with the
grant;
(ii) the change in participation rate of the
recycling program funded with the grant;
(iii) the reduction of contamination in the
recycling stream as a result of the activities
funded with the grant; and
(iv) <<NOTE: Determination.>> such other
information as the Administrator determines to be
appropriate.
(B) To congress.--The Administrator shall submit to
Congress an annual report describing--
(i) the effectiveness of residential recycling
programs awarded funds under the grant program,
including statistics comparing the quantity and
quality of recycled materials collected by those
programs, as described in the reports submitted to
the Administrator under subparagraph (A); and
(ii) recommendations on additional actions to
improve residential recycling.
(c) Federal Procurement.--Section 6002 of the Solid Waste Disposal
Act (42 U.S.C. 6962) is amended--
(1) <<NOTE: Time periods.>> in subsection (e), in the
matter preceding paragraph (1), by striking ``and from time to
time, revise'' and inserting ``review not less frequently than
once every 5 years, and, if appropriate, revise, in consultation
with recyclers and manufacturers of products containing recycled
content, not later than 2 years after the completion of the
initial review after the date of enactment of the Infrastructure
Investment and Jobs Act and thereafter, as appropriate''; and
(2) by adding at the end the following:
``(j) Consultation and Provision of Information by Administrator.--
The Administrator shall--
``(1) consult with each procuring agency, including
contractors of the procuring agency, to clarify the
responsibilities of the procuring agency under this section; and
``(2) provide to each procuring agency information on the
requirements under this section and the responsibilities of the
procuring agency under this section.
``(k) <<NOTE: Consultation.>> Reports.--The Administrator, in
consultation with the Administrator of General Services, shall submit to
Congress an annual report describing--
``(1) the quantity of federally procured recycled products
listed in the guidelines under subsection (e); and
``(2) with respect to the products described in paragraph
(1), the percentage of recycled material in each product.''.
(d) Authorization of Appropriations.--
(1) <<NOTE: Time period.>> In general.--There is authorized
to be appropriated to the Administrator to carry out this
section and the amendments made by this section $15,000,000 for
each of fiscal years 2022 through 2026.
[[Page 135 STAT. 1266]]
(2) Requirement.--Of the amount made available under
paragraph (1) for a fiscal year, not less than 20 percent shall
be allocated to--
(A) low-income communities;
(B) rural communities; and
(C) communities identified as Native American
pursuant to section 2(9) of the Native American Graves
Protection and Repatriation Act (25 U.S.C. 3001(9)).
TITLE V--BIOPRODUCT PILOT PROGRAM
SEC. 70501. <<NOTE: 7 USC 7624.>> PILOT PROGRAM ON USE OF
AGRICULTURAL COMMODITIES IN
CONSTRUCTION AND CONSUMER PRODUCTS.
(a) Definitions.--In this section:
(1) Construction product.--The term ``construction product''
means any article, or component part thereof, produced or
distributed for use during the construction, maintenance, or
preservation of a highway, road, street, bridge, building, dam,
port, or airport construction project.
(2) Consumer product.--The term ``consumer product'' means--
(A) any article, or component part thereof, produced
or distributed--
(i) for sale to a consumer for use in or
around a permanent or temporary household or
residence, a school, in recreation, or otherwise;
or
(ii) for the personal use, consumption or
enjoyment of a consumer in or around a permanent
or temporary household or residence, a school, in
recreation, or otherwise; and
(B) any product or product category described in
subparagraphs (A) through (I) of section 3(a)(5) of the
Consumer Product Safety Act (15 U.S.C. 2052(a)(5)).
(3) Covered agricultural commodity.--The term ``covered
agricultural commodity'' means any agricultural commodity, food,
feed, fiber, livestock, oil, or a derivative thereof, that the
Secretary determines to have been used in the production of
materials that have demonstrated market viability and benefits
(as described in paragraphs (1) through (7) of subsection (b))
as of the date of enactment of this Act.
(4) Qualified institution.--The term ``qualified
institution'' means a bioproducts research facility that--
(A) is funded, in part, by a State;
(B) is located within a reasonable distance, not to
exceed 3 miles, of the primary residence hall of an
institution of higher education (as defined in section
101(a) of the Higher Education Act of 1965 (20 U.S.C.
1001(a)));
(C) provides students opportunities to engage in
research activities; and
(D) provides opportunities for an institution of
higher education (as defined in section 101(a) of the
Higher Education Act of 1965 (20 U.S.C. 1001(a))) to
collaborate with private enterprise.
(5) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
[[Page 135 STAT. 1267]]
(b) Establishment.--The Secretary shall carry out a pilot program
under which the Secretary shall partner with not less than 1 qualified
institution to study the benefits of using materials derived from
covered agricultural commodities in the production of construction
products and consumer products, including--
(1) cost savings relative to other commonly used alternative
materials;
(2) greenhouse gas emission reductions and other
environmental benefits relative to other commonly used
alternative materials;
(3) life-cycle and longevity-extending characteristics
relative to other commonly used alternative materials;
(4) life-cycle and longevity-reducing characteristics
relative to other commonly used alternative materials;
(5) landfill quantity and waste management cost reductions;
(6) product development and production scale-up; and
(7) any other benefits that the Secretary determines to be
appropriate.
(c) <<NOTE: Time period.>> Authorization of Appropriations.--There
is authorized to be appropriated to the Secretary to carry out this
section $2,000,000 for each of fiscal years 2022 through 2023.
TITLE VI--CYBERSECURITY
Subtitle <<NOTE: Cyber Response and Recovery Act.>> A--Cyber Response
and Recovery Act
SEC. 70601. <<NOTE: 6 USC 101 note.>> SHORT TITLE.
This subtitle may be cited as the ``Cyber Response and Recovery
Act''.
SEC. 70602. DECLARATION OF A SIGNIFICANT INCIDENT.
(a) In General.--Title XXII of the Homeland Security Act of 2002 (6
U.S.C. 651 et seq.) is amended by adding at the end the following:
``Subtitle C--Declaration of a Significant Incident
``SEC. 2231. <<NOTE: 6 USC 677.>> SENSE OF CONGRESS.
``It is the sense of Congress that--
``(1) the purpose of this subtitle is to authorize the
Secretary to declare that a significant incident has occurred
and to establish the authorities that are provided under the
declaration to respond to and recover from the significant
incident; and
``(2) the authorities established under this subtitle are
intended to enable the Secretary to provide voluntary assistance
to non-Federal entities impacted by a significant incident.
``SEC. 2232. <<NOTE: 6 USC 677a.>> DEFINITIONS.
``For the purposes of this subtitle:
``(1) Asset response activity.--The term `asset response
activity' means an activity to support an entity impacted by
[[Page 135 STAT. 1268]]
an incident with the response to, remediation of, or recovery
from, the incident, including--
``(A) furnishing technical and advisory assistance
to the entity to protect the assets of the entity,
mitigate vulnerabilities, and reduce the related
impacts;
``(B) assessing potential risks to the critical
infrastructure sector or geographic region impacted by
the incident, including potential cascading effects of
the incident on other critical infrastructure sectors or
geographic regions;
``(C) developing courses of action to mitigate the
risks assessed under subparagraph (B);
``(D) facilitating information sharing and
operational coordination with entities performing threat
response activities; and
``(E) providing guidance on how best to use Federal
resources and capabilities in a timely, effective manner
to speed recovery from the incident.
``(2) Declaration.--The term `declaration' means a
declaration of the Secretary under section 2233(a)(1).
``(3) Director.--The term `Director' means the Director of
the Cybersecurity and Infrastructure Security Agency.
``(4) Federal agency.--The term `Federal agency' has the
meaning given the term `agency' in section 3502 of title 44,
United States Code.
``(5) Fund.--The term `Fund' means the Cyber Response and
Recovery Fund established under section 2234(a).
``(6) Incident.--The term `incident' has the meaning given
the term in section 3552 of title 44, United States Code.
``(7) Renewal.--The term `renewal' means a renewal of a
declaration under section 2233(d).
``(8) Significant incident.--The term `significant
incident'--
``(A) means an incident or a group of related
incidents that results, or is likely to result, in
demonstrable harm to--
``(i) the national security interests, foreign
relations, or economy of the United States; or
``(ii) the public confidence, civil liberties,
or public health and safety of the people of the
United States; and
``(B) does not include an incident or a portion of a
group of related incidents that occurs on--
``(i) a national security system (as defined
in section 3552 of title 44, United States Code);
or
``(ii) an information system described in
paragraph (2) or (3) of section 3553(e) of title
44, United States Code.
``SEC. 2233. <<NOTE: 6 USC 677b.>> DECLARATION.
``(a) In General.--
``(1) <<NOTE: Consultation. Determination.>> Declaration.--
The Secretary, in consultation with the National Cyber Director,
may make a declaration of a significant incident in accordance
with this section for the purpose of enabling the activities
described in this subtitle if the Secretary determines that--
``(A) a specific significant incident--
``(i) has occurred; or
[[Page 135 STAT. 1269]]
``(ii) is likely to occur imminently; and
``(B) otherwise available resources, other than the
Fund, are likely insufficient to respond effectively to,
or to mitigate effectively, the specific significant
incident described in subparagraph (A).
``(2) Prohibition on delegation.--The Secretary may not
delegate the authority provided to the Secretary under paragraph
(1).
``(b) <<NOTE: Coordination.>> Asset Response Activities.--Upon a
declaration, the Director shall coordinate--
``(1) the asset response activities of each Federal agency
in response to the specific significant incident associated with
the declaration; and
``(2) with appropriate entities, which may include--
``(A) public and private entities and State and
local governments with respect to the asset response
activities of those entities and governments; and
``(B) Federal, State, local, and Tribal law
enforcement agencies with respect to investigations and
threat response activities of those law enforcement
agencies; and
``(3) Federal, State, local, and Tribal emergency management
and response agencies.
``(c) Duration.--Subject to subsection (d), a declaration shall
terminate upon the earlier of--
``(1) <<NOTE: Determination.>> a determination by the
Secretary that the declaration is no longer necessary; or
``(2) <<NOTE: Effective date.>> the expiration of the 120-
day period beginning on the date on which the Secretary makes
the declaration.
``(d) Renewal.--The Secretary, without delegation, may renew a
declaration as necessary.
``(e) Publication.--
``(1) <<NOTE: Deadline. Federal Register, publication.>> In
general.--Not later than 72 hours after a declaration or a
renewal, the Secretary shall publish the declaration or renewal
in the Federal Register.
``(2) Prohibition.--A declaration or renewal published under
paragraph (1) may not include the name of any affected
individual or private company.
``(f) Advance Actions.--
``(1) In general.--The Secretary--
``(A) <<NOTE: Assessment.>> shall assess the
resources available to respond to a potential
declaration; and
``(B) may take actions before and while a
declaration is in effect to arrange or procure
additional resources for asset response activities or
technical assistance the Secretary determines necessary,
which may include entering into standby contracts with
private entities for cybersecurity services or incident
responders in the event of a declaration.
``(2) Expenditure of funds.--Any expenditure from the Fund
for the purpose of paragraph (1)(B) shall be made from amounts
available in the Fund, and amounts available in the Fund shall
be in addition to any other appropriations available to the
Cybersecurity and Infrastructure Security Agency for such
purpose.
[[Page 135 STAT. 1270]]
``SEC. 2234. <<NOTE: 6 USC 677c.>> CYBER RESPONSE AND RECOVERY
FUND.
``(a) In General.--There is established a Cyber Response and
Recovery Fund, which shall be available for--
``(1) the coordination of activities described in section
2233(b);
``(2) response and recovery support for the specific
significant incident associated with a declaration to Federal,
State, local, and Tribal, entities and public and private
entities on a reimbursable or non-reimbursable basis, including
through asset response activities and technical assistance, such
as--
``(A) vulnerability assessments and mitigation;
``(B) technical incident mitigation;
``(C) malware analysis;
``(D) analytic support;
``(E) threat detection and hunting; and
``(F) network protections;
``(3) <<NOTE: Determination.>> as the Director determines
appropriate, grants for, or cooperative agreements with,
Federal, State, local, and Tribal public and private entities to
respond to, and recover from, the specific significant incident
associated with a declaration, such as--
``(A) hardware or software to replace, update,
improve, harden, or enhance the functionality of
existing hardware, software, or systems; and
``(B) technical contract personnel support; and
``(4) advance actions taken by the Secretary under section
2233(f)(1)(B).
``(b) Deposits and Expenditures.--
``(1) In general.--Amounts shall be deposited into the Fund
from--
``(A) appropriations to the Fund for activities of
the Fund; and
``(B) reimbursement from Federal agencies for the
activities described in paragraphs (1), (2), and (4) of
subsection (a), which shall only be from amounts made
available in advance in appropriations Acts for such
reimbursement.
``(2) Expenditures.--Any expenditure from the Fund for the
purposes of this subtitle shall be made from amounts available
in the Fund from a deposit described in paragraph (1), and
amounts available in the Fund shall be in addition to any other
appropriations available to the Cybersecurity and Infrastructure
Security Agency for such purposes.
``(c) Supplement Not Supplant.--Amounts in the Fund shall be used to
supplement, not supplant, other Federal, State, local, or Tribal funding
for activities in response to a declaration.
``(d) <<NOTE: Requirement.>> Reporting.--The Secretary shall
require an entity that receives amounts from the Fund to submit a report
to the Secretary that details the specific use of the amounts.
``SEC. 2235. <<NOTE: 6 USC 677d.>> NOTIFICATION AND REPORTING.
``(a) Notification.--Upon a declaration or renewal, the Secretary
shall immediately notify the National Cyber Director and appropriate
congressional committees and include in the notification--
``(1) <<NOTE: Estimate.>> an estimation of the planned
duration of the declaration;
[[Page 135 STAT. 1271]]
``(2) with respect to a notification of a declaration, the
reason for the declaration, including information relating to
the specific significant incident or imminent specific
significant incident, including--
``(A) the operational or mission impact or
anticipated impact of the specific significant incident
on Federal and non-Federal entities;
``(B) if known, the perpetrator of the specific
significant incident; and
``(C) the scope of the Federal and non-Federal
entities impacted or anticipated to be impacted by the
specific significant incident;
``(3) with respect to a notification of a renewal, the
reason for the renewal;
``(4) justification as to why available resources, other
than the Fund, are insufficient to respond to or mitigate the
specific significant incident; and
``(5) a description of the coordination activities described
in section 2233(b) that the Secretary anticipates the Director
to perform.
``(b) Report to Congress.--Not later than 180 days after the date of
a declaration or renewal, the Secretary shall submit to the appropriate
congressional committees a report that includes--
``(1) the reason for the declaration or renewal, including
information and intelligence relating to the specific
significant incident that led to the declaration or renewal;
``(2) the use of any funds from the Fund for the purpose of
responding to the incident or threat described in paragraph (1);
``(3) a description of the actions, initiatives, and
projects undertaken by the Department and State and local
governments and public and private entities in responding to and
recovering from the specific significant incident described in
paragraph (1);
``(4) an accounting of the specific obligations and outlays
of the Fund; and
``(5) <<NOTE: Analysis.>> an analysis of--
``(A) the impact of the specific significant
incident described in paragraph (1) on Federal and non-
Federal entities;
``(B) the impact of the declaration or renewal on
the response to, and recovery from, the specific
significant incident described in paragraph (1); and
``(C) the impact of the funds made available from
the Fund as a result of the declaration or renewal on
the recovery from, and response to, the specific
significant incident described in paragraph (1).
``(c) Classification.--Each notification made under subsection (a)
and each report submitted under subsection (b)--
``(1) shall be in an unclassified form with appropriate
markings to indicate information that is exempt from disclosure
under section 552 of title 5, United States Code (commonly known
as the `Freedom of Information Act'); and
``(2) <<NOTE: Classified information. Determination.>> may
include a classified annex.
``(d) Consolidated Report.--The Secretary shall not be required to
submit multiple reports under subsection (b) for multiple
[[Page 135 STAT. 1272]]
declarations or renewals if the Secretary determines that the
declarations or renewals substantively relate to the same specific
significant incident.
``(e) Exemption.--The requirements of subchapter I of chapter 35 of
title 44 (commonly known as the `Paperwork Reduction Act') shall not
apply to the voluntary collection of information by the Department
during an investigation of, a response to, or an immediate post-response
review of, the specific significant incident leading to a declaration or
renewal.
``SEC. 2236. <<NOTE: 6 USC 677e.>> RULE OF CONSTRUCTION.
``Nothing in this subtitle shall be construed to impair or limit the
ability of the Director to carry out the authorized activities of the
Cybersecurity and Infrastructure Security Agency.
``SEC. 2237. <<NOTE: Time period. 6 USC 677f.>> AUTHORIZATION OF
APPROPRIATIONS.
``There are authorized to be appropriated to the Fund $20,000,000
for fiscal year 2022 and each fiscal year thereafter until September 30,
2028, which shall remain available until September 30, 2028.
``SEC. 2238. <<NOTE: 6 USC 677g.>> SUNSET.
``The authorities granted to the Secretary or the Director under
this subtitle shall expire on the date that is 7 years after the date of
enactment of this subtitle.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 (Public Law 107-296; 116 Stat. 2135)
is amended by adding at the end the following:
``Subtitle C--Declaration of a Significant Incident
``Sec. 2231. Sense of congress.
``Sec. 2232. Definitions.
``Sec. 2233. Declaration.
``Sec. 2234. Cyber response and recovery fund.
``Sec. 2235. Notification and reporting.
``Sec. 2236. Rule of construction.
``Sec. 2237. Authorization of appropriations.
``Sec. 2238. Sunset.''.
Subtitle <<NOTE: State and Local Cybersecurity Improvement Act.>> B--
State and Local Cybersecurity Improvement Act
SEC. 70611. <<NOTE: 6 USC 101 note.>> SHORT TITLE.
This subtitle may be cited as the ``State and Local Cybersecurity
Improvement Act''.
SEC. 70612. STATE AND LOCAL CYBERSECURITY GRANT PROGRAM.
(a) In General.--Subtitle A of title XXII of the Homeland Security
Act of 2002 (6 U.S.C. 651 et seq.) is amended by adding at the end the
following:
``SEC. 2218. <<NOTE: 6 USC 665g.>> STATE AND LOCAL CYBERSECURITY
GRANT PROGRAM.
``(a) Definitions.--In this section:
``(1) Appropriate committees of congress.--The term
`appropriate committees of Congress' means--
``(A) the Committee on Homeland Security and
Governmental Affairs of the Senate; and
``(B) the Committee on Homeland Security of the
House of Representatives.
[[Page 135 STAT. 1273]]
``(2) Cyber threat indicator.--The term `cyber threat
indicator' has the meaning given the term in section 102 of the
Cybersecurity Act of 2015 (6 U.S.C. 1501).
``(3) Cybersecurity plan.--The term `Cybersecurity Plan'
means a plan submitted by an eligible entity under subsection
(e)(1).
``(4) Eligible entity.--The term `eligible entity' means a--
``(A) State; or
``(B) Tribal government.
``(5) Incident.--The term `incident' has the meaning given
the term in section 2209.
``(6) Information sharing and analysis organization.--The
term `information sharing and analysis organization' has the
meaning given the term in section 2222.
``(7) Information system.--The term `information system' has
the meaning given the term in section 102 of the Cybersecurity
Act of 2015 (6 U.S.C. 1501).
``(8) Multi-entity group.--The term `multi-entity group'
means a group of 2 or more eligible entities desiring a grant
under this section.
``(9) Online service.--The term `online service' means any
internet-facing service, including a website, email, virtual
private network, or custom application.
``(10) Rural area.--The term `rural area' has the meaning
given the term in section 5302 of title 49, United States Code.
``(11) State and local cybersecurity grant program.--The
term `State and Local Cybersecurity Grant Program' means the
program established under subsection (b).
``(12) Tribal government.--The term `Tribal government'
means the recognized governing body of any Indian or Alaska
Native Tribe, band, nation, pueblo, village, community,
component band, or component reservation, that is individually
identified (including parenthetically) in the most recent list
published pursuant to Section 104 of the Federally Recognized
Indian Tribe List Act of 1994 (25 U.S.C. 5131).
``(b) Establishment.--
``(1) In general.--There is established within the
Department a program to award grants to eligible entities to
address cybersecurity risks and cybersecurity threats to
information systems owned or operated by, or on behalf of,
State, local, or Tribal governments.
``(2) Application.--An eligible entity desiring a grant
under the State and Local Cybersecurity Grant Program shall
submit to the Secretary an application at such time, in such
manner, and containing such information as the Secretary may
require.
``(c) Administration.--The State and Local Cybersecurity Grant
Program shall be administered in the same office of the Department that
administers grants made under sections 2003 and 2004.
``(d) Use of Funds.--An eligible entity that receives a grant under
this section and a local government that receives funds from a grant
under this section, as appropriate, shall use the grant to--
``(1) implement the Cybersecurity Plan of the eligible
entity;
``(2) develop or revise the Cybersecurity Plan of the
eligible entity;
[[Page 135 STAT. 1274]]
``(3) pay expenses directly relating to the administration
of the grant, which shall not exceed 5 percent of the amount of
the grant;
``(4) assist with activities that address imminent
cybersecurity threats, as confirmed by the Secretary, acting
through the Director, to the information systems owned or
operated by, or on behalf of, the eligible entity or a local
government within the jurisdiction of the eligible entity; or
``(5) fund any other appropriate activity determined by the
Secretary, acting through the Director.
``(e) Cybersecurity Plans.--
``(1) In general.--An eligible entity applying for a grant
under this section shall submit to the Secretary a Cybersecurity
Plan for review in accordance with subsection (i).
``(2) Required elements.--A Cybersecurity Plan of an
eligible entity shall--
``(A) incorporate, to the extent practicable--
``(i) any existing plans of the eligible
entity to protect against cybersecurity risks and
cybersecurity threats to information systems owned
or operated by, or on behalf of, State, local, or
Tribal governments; and
``(ii) if the eligible entity is a State,
consultation and feedback from local governments
and associations of local governments within the
jurisdiction of the eligible entity;
``(B) describe, to the extent practicable, how the
eligible entity will--
``(i) manage, monitor, and track information
systems, applications, and user accounts owned or
operated by, or on behalf of, the eligible entity
or, if the eligible entity is a State, local
governments within the jurisdiction of the
eligible entity, and the information technology
deployed on those information systems, including
legacy information systems and information
technology that are no longer supported by the
manufacturer of the systems or technology;
``(ii) monitor, audit, and, track network
traffic and activity transiting or traveling to or
from information systems, applications, and user
accounts owned or operated by, or on behalf of,
the eligible entity or, if the eligible entity is
a State, local governments within the jurisdiction
of the eligible entity;
``(iii) enhance the preparation, response, and
resiliency of information systems, applications,
and user accounts owned or operated by, or on
behalf of, the eligible entity or, if the eligible
entity is a State, local governments within the
jurisdiction of the eligible entity, against
cybersecurity risks and cybersecurity threats;
``(iv) implement a process of continuous
cybersecurity vulnerability assessments and threat
mitigation practices prioritized by degree of risk
to address cybersecurity risks and cybersecurity
threats on information systems, applications, and
user accounts owned or operated by, or on behalf
of, the eligible entity or,
[[Page 135 STAT. 1275]]
if the eligible entity is a State, local
governments within the jurisdiction of the
eligible entity;
``(v) ensure that the eligible entity and, if
the eligible entity is a State, local governments
within the jurisdiction of the eligible entity,
adopt and use best practices and methodologies to
enhance cybersecurity, such as--
``(I) the practices set forth in the
cybersecurity framework developed by the
National Institute of Standards and
Technology;
``(II) cyber chain supply chain risk
management best practices identified by
the National Institute of Standards and
Technology; and
``(III) knowledge bases of adversary
tools and tactics;
``(vi) promote the delivery of safe,
recognizable, and trustworthy online services by
the eligible entity and, if the eligible entity is
a State, local governments within the jurisdiction
of the eligible entity, including through the use
of the .gov internet domain;
``(vii) ensure continuity of operations of the
eligible entity and, if the eligible entity is a
State, local governments within the jurisdiction
of the eligible entity, in the event of a
cybersecurity incident, including by conducting
exercises to practice responding to a
cybersecurity incident;
``(viii) use the National Initiative for
Cybersecurity Education Workforce Framework for
Cybersecurity developed by the National Institute
of Standards and Technology to identify and
mitigate any gaps in the cybersecurity workforces
of the eligible entity and, if the eligible entity
is a State, local governments within the
jurisdiction of the eligible entity, enhance
recruitment and retention efforts for those
workforces, and bolster the knowledge, skills, and
abilities of personnel of the eligible entity and,
if the eligible entity is a State, local
governments within the jurisdiction of the
eligible entity, to address cybersecurity risks
and cybersecurity threats, such as through
cybersecurity hygiene training;
``(ix) if the eligible entity is a State,
ensure continuity of communications and data
networks within the jurisdiction of the eligible
entity between the eligible entity and local
governments within the jurisdiction of the
eligible entity in the event of an incident
involving those communications or data networks;
``(x) assess and mitigate, to the greatest
degree possible, cybersecurity risks and
cybersecurity threats relating to critical
infrastructure and key resources, the degradation
of which may impact the performance of information
systems within the jurisdiction of the eligible
entity;
``(xi) enhance capabilities to share cyber
threat indicators and related information between
the eligible entity and--
``(I) if the eligible entity is a
State, local governments within the
jurisdiction of the eligible
[[Page 135 STAT. 1276]]
entity, including by expanding
information sharing agreements with the
Department; and
``(II) the Department;
``(xii) leverage cybersecurity services
offered by the Department;
``(xiii) implement an information technology
and operational technology modernization
cybersecurity review process that ensures
alignment between information technology and
operational technology cybersecurity objectives;
``(xiv) <<NOTE: Coordination. Strategies.>>
develop and coordinate strategies to address
cybersecurity risks and cybersecurity threats in
consultation with--
``(I) if the eligible entity is a
State, local governments and
associations of local governments within
the jurisdiction of the eligible entity;
and
``(II) as applicable--
``(aa) eligible entities
that neighbor the jurisdiction
of the eligible entity or, as
appropriate, members of an
information sharing and analysis
organization; and
``(bb) countries that
neighbor the jurisdiction of the
eligible entity;
``(xv) ensure adequate access to, and
participation in, the services and programs
described in this subparagraph by rural areas
within the jurisdiction of the eligible entity;
and
``(xvi) distribute funds, items, services,
capabilities, or activities to local governments
under subsection (n)(2)(A), including the fraction
of that distribution the eligible entity plans to
distribute to rural areas under subsection
(n)(2)(B);
``(C) <<NOTE: Assessment.>> assess the capabilities
of the eligible entity relating to the actions described
in subparagraph (B);
``(D) describe, as appropriate and to the extent
practicable, the individual responsibilities of the
eligible entity and local governments within the
jurisdiction of the eligible entity in implementing the
plan;
``(E) <<NOTE: Timeline.>> outline, to the extent
practicable, the necessary resources and a timeline for
implementing the plan; and
``(F) describe the metrics the eligible entity will
use to measure progress towards--
``(i) implementing the plan; and
``(ii) reducing cybersecurity risks to, and
identifying, responding to, and recovering from
cybersecurity threats to, information systems
owned or operated by, or on behalf of, the
eligible entity or, if the eligible entity is a
State, local governments within the jurisdiction
of the eligible entity.
``(3) Discretionary elements.--In drafting a Cybersecurity
Plan, an eligible entity may--
``(A) <<NOTE: Consultation.>> consult with the
Multi-State Information Sharing and Analysis Center;
``(B) include a description of cooperative programs
developed by groups of local governments within the
jurisdiction of the eligible entity to address
cybersecurity risks and cybersecurity threats; and
[[Page 135 STAT. 1277]]
``(C) include a description of programs provided by
the eligible entity to support local governments and
owners and operators of critical infrastructure to
address cybersecurity risks and cybersecurity threats.
``(f) Multi-entity Grants.--
``(1) In general.--The Secretary may award grants under this
section to a multi-entity group to support multi-entity efforts
to address cybersecurity risks and cybersecurity threats to
information systems within the jurisdictions of the eligible
entities that comprise the multi-entity group.
``(2) Satisfaction of other requirements.--In order to be
eligible for a multi-entity grant under this subsection, each
eligible entity that comprises a multi-entity group shall have--
``(A) a Cybersecurity Plan that has been reviewed by
the Secretary in accordance with subsection (i); and
``(B) a cybersecurity planning committee established
in accordance with subsection (g).
``(3) Application.--
``(A) In general.--A multi-entity group applying for
a multi-entity grant under paragraph (1) shall submit to
the Secretary an application at such time, in such
manner, and containing such information as the Secretary
may require.
``(B) Multi-entity project plan.--An application for
a grant under this section of a multi-entity group under
subparagraph (A) shall include a plan describing--
``(i) the division of responsibilities among
the eligible entities that comprise the multi-
entity group;
``(ii) the distribution of funding from the
grant among the eligible entities that comprise
the multi-entity group; and
``(iii) how the eligible entities that
comprise the multi-entity group will work together
to implement the Cybersecurity Plan of each of
those eligible entities.
``(g) Planning Committees.--
``(1) In general.--An eligible entity that receives a grant
under this section shall establish a cybersecurity planning
committee to--
``(A) assist with the development, implementation,
and revision of the Cybersecurity Plan of the eligible
entity;
``(B) approve the Cybersecurity Plan of the eligible
entity; and
``(C) assist with the determination of effective
funding priorities for a grant under this section in
accordance with subsections (d) and (j).
``(2) Composition.--A committee of an eligible entity
established under paragraph (1) shall--
``(A) be comprised of representatives from--
``(i) the eligible entity;
``(ii) if the eligible entity is a State,
counties, cities, and towns within the
jurisdiction of the eligible entity; and
``(iii) institutions of public education and
health within the jurisdiction of the eligible
entity; and
``(B) include, as appropriate, representatives of
rural, suburban, and high-population jurisdictions.
[[Page 135 STAT. 1278]]
``(3) Cybersecurity expertise.--Not less than one-half of
the representatives of a committee established under paragraph
(1) shall have professional experience relating to cybersecurity
or information technology.
``(4) Rule of construction regarding existing planning
committees.--Nothing in this subsection shall be construed to
require an eligible entity to establish a cybersecurity planning
committee if the eligible entity has established and uses a
multijurisdictional planning committee or commission that--
``(A) meets the requirements of this subsection; or
``(B) may be expanded or leveraged to meet the
requirements of this subsection, including through the
formation of a cybersecurity planning subcommittee.
``(5) Rule of construction regarding control of information
systems of eligible entities.--Nothing in this subsection shall
be construed to permit a cybersecurity planning committee of an
eligible entity that meets the requirements of this subsection
to make decisions relating to information systems owned or
operated by, or on behalf of, the eligible entity.
``(h) <<NOTE: Consultation.>> Special Rule for Tribal
Governments.--With respect to any requirement under subsection (e) or
(g), the Secretary, in consultation with the Secretary of the Interior
and Tribal governments, may prescribe an alternative substantively
similar requirement for Tribal governments if the Secretary finds that
the alternative requirement is necessary for the effective delivery and
administration of grants to Tribal governments under this section.
``(i) Review of Plans.--
``(1) Review as condition of grant.--
``(A) In general.--Subject to paragraph (3), before
an eligible entity may receive a grant under this
section, the Secretary, acting through the Director,
shall--
``(i) <<NOTE: Review.>> review the
Cybersecurity Plan of the eligible entity,
including any revised Cybersecurity Plans of the
eligible entity; and
``(ii) <<NOTE: Determination.>> determine
that the Cybersecurity Plan reviewed under clause
(i) satisfies the requirements under paragraph
(2).
``(B) <<NOTE: Effective date.>> Duration of
determination.--In the case of a determination under
subparagraph (A)(ii) that a Cybersecurity Plan satisfies
the requirements under paragraph (2), the determination
shall be effective for the 2-year period beginning on
the date of the determination.
``(C) <<NOTE: Deadline. Determinations.>> Annual
renewal.--Not later than 2 years after the date on which
the Secretary determines under subparagraph (A)(ii) that
a Cybersecurity Plan satisfies the requirements under
paragraph (2), and annually thereafter, the Secretary,
acting through the Director, shall--
``(i) determine whether the Cybersecurity Plan
and any revisions continue to meet the criteria
described in paragraph (2); and
``(ii) renew the determination if the
Secretary, acting through the Director, makes a
positive determination under clause (i).
``(2) Plan requirements.--In reviewing a Cybersecurity Plan
of an eligible entity under this subsection, the Secretary,
[[Page 135 STAT. 1279]]
acting through the Director, shall ensure that the Cybersecurity
Plan--
``(A) satisfies the requirements of subsection
(e)(2); and
``(B) has been approved by--
``(i) the cybersecurity planning committee of
the eligible entity established under subsection
(g); and
``(ii) the Chief Information Officer, the
Chief Information Security Officer, or an
equivalent official of the eligible entity.
``(3) <<NOTE: Deadline. Review. Certification.>>
Exception.--Notwithstanding subsection (e) and paragraph (1) of
this subsection, the Secretary may award a grant under this
section to an eligible entity that does not submit a
Cybersecurity Plan to the Secretary for review before September
30, 2023, if the eligible entity certifies to the Secretary
that--
``(A) the activities that will be supported by the
grant are--
``(i) integral to the development of the
Cybersecurity Plan of the eligible entity; or
``(ii) necessary to assist with activities
described in subsection (d)(4), as confirmed by
the Director; and
``(B) the eligible entity will submit to the
Secretary a Cybersecurity Plan for review under this
subsection by September 30, 2023.
``(4) Rule of construction.--Nothing in this subsection
shall be construed to provide authority to the Secretary to--
``(A) regulate the manner by which an eligible
entity or local government improves the cybersecurity of
the information systems owned or operated by, or on
behalf of, the eligible entity or local government; or
``(B) condition the receipt of grants under this
section on--
``(i) participation in a particular Federal
program; or
``(ii) the use of a specific product or
technology.
``(j) Limitations on Uses of Funds.--
``(1) In general.--Any entity that receives funds from a
grant under this section may not use the grant--
``(A) to supplant State or local funds;
``(B) for any recipient cost-sharing contribution;
``(C) to pay a ransom;
``(D) for recreational or social purposes; or
``(E) for any purpose that does not address
cybersecurity risks or cybersecurity threats on
information systems owned or operated by, or on behalf
of, the eligible entity that receives the grant or a
local government within the jurisdiction of the eligible
entity.
``(2) Compliance oversight.--In addition to any other remedy
available, the Secretary may take such actions as are necessary
to ensure that a recipient of a grant under this section uses
the grant for the purposes for which the grant is awarded.
``(3) Rule of construction.--Nothing in paragraph (1)(A)
shall be construed to prohibit the use of funds from a grant
under this section awarded to a State, local, or Tribal
government for otherwise permissible uses under this section on
the basis that the State, local, or Tribal government has
previously
[[Page 135 STAT. 1280]]
used State, local, or Tribal funds to support the same or
similar uses.
``(k) Opportunity to Amend Applications.--In considering
applications for grants under this section, the Secretary shall provide
applicants with a reasonable opportunity to correct any defects in those
applications before making final awards, including by allowing
applicants to revise a submitted Cybersecurity Plan.
``(l) Apportionment.--For fiscal year 2022 and each fiscal year
thereafter, the Secretary shall apportion amounts appropriated to carry
out this section among eligible entities as follows:
``(1) Baseline amount.--The Secretary shall first
apportion--
``(A) 0.25 percent of such amounts to each of
American Samoa, the Commonwealth of the Northern Mariana
Islands, Guam, and the United States Virgin Islands;
``(B) 1 percent of such amounts to each of the
remaining States; and
``(C) 3 percent of such amounts to Tribal
governments.
``(2) Remainder.--The Secretary shall apportion the
remainder of such amounts to States as follows:
``(A) 50 percent of such remainder in the ratio that
the population of each State, bears to the population of
all States; and
``(B) 50 percent of such remainder in the ratio that
the population of each State that resides in rural
areas, bears to the population of all States that
resides in rural areas.
``(3) Apportionment among tribal governments.--In
determining how to apportion amounts to Tribal governments under
paragraph (1)(C), the Secretary shall consult with the Secretary
of the Interior and Tribal governments.
``(4) Multi-entity grants.--An amount received from a multi-
entity grant awarded under subsection (f)(1) by a State or
Tribal government that is a member of the multi-entity group
shall qualify as an apportionment for the purpose of this
subsection.
``(m) Federal Share.--
``(1) In general.--The Federal share of the cost of an
activity carried out using funds made available with a grant
under this section may not exceed--
``(A) in the case of a grant to an eligible entity--
``(i) for fiscal year 2022, 90 percent;
``(ii) for fiscal year 2023, 80 percent;
``(iii) for fiscal year 2024, 70 percent; and
``(iv) for fiscal year 2025, 60 percent; and
``(B) in the case of a grant to a multi-entity
group--
``(i) for fiscal year 2022, 100 percent;
``(ii) for fiscal year 2023, 90 percent;
``(iii) for fiscal year 2024, 80 percent; and
``(iv) for fiscal year 2025, 70 percent.
``(2) Waiver.--
``(A) In general.--The Secretary may waive or modify
the requirements of paragraph (1) if an eligible entity
or multi-entity group demonstrates economic hardship.
``(B) <<NOTE: Publication. Determination.>>
Guidelines.--The Secretary shall establish and publish
guidelines for determining what constitutes economic
hardship for the purposes of this subsection.
[[Page 135 STAT. 1281]]
``(C) Considerations.--In developing guidelines
under subparagraph (B), the Secretary shall consider,
with respect to the jurisdiction of an eligible entity--
``(i) changes in rates of unemployment in the
jurisdiction from previous years;
``(ii) changes in the percentage of
individuals who are eligible to receive benefits
under the supplemental nutrition assistance
program established under the Food and Nutrition
Act of 2008 (7 U.S.C. 2011 et seq.) from previous
years; and
``(iii) any other factors the Secretary
considers appropriate.
``(3) <<NOTE: Consultation. Determination.>> Waiver for
tribal governments.--Notwithstanding paragraph (2), the
Secretary, in consultation with the Secretary of the Interior
and Tribal governments, may waive or modify the requirements of
paragraph (1) for 1 or more Tribal governments if the Secretary
determines that the waiver is in the public interest.
``(n) Responsibilities of Grantees.--
``(1) Certification.--Each eligible entity or multi-entity
group that receives a grant under this section shall certify to
the Secretary that the grant will be used--
``(A) for the purpose for which the grant is
awarded; and
``(B) in compliance with subsections (d) and (j).
``(2) Availability of funds to local governments and rural
areas.--
``(A) <<NOTE: Deadline.>> In general.--Subject to
subparagraph (C), not later than 45 days after the date
on which an eligible entity or multi-entity group
receives a grant under this section, the eligible entity
or multi-entity group shall, without imposing
unreasonable or unduly burdensome requirements as a
condition of receipt, obligate or otherwise make
available to local governments within the jurisdiction
of the eligible entity or the eligible entities that
comprise the multi-entity group, consistent with the
Cybersecurity Plan of the eligible entity or the
Cybersecurity Plans of the eligible entities that
comprise the multi-entity group--
``(i) not less than 80 percent of funds
available under the grant;
``(ii) with the consent of the local
governments, items, services, capabilities, or
activities having a value of not less than 80
percent of the amount of the grant; or
``(iii) with the consent of the local
governments, grant funds combined with other
items, services, capabilities, or activities
having the total value of not less than 80 percent
of the amount of the grant.
``(B) Availability to rural areas.--In obligating
funds, items, services, capabilities, or activities to
local governments under subparagraph (A), the eligible
entity or eligible entities that comprise the multi-
entity group shall ensure that rural areas within the
jurisdiction of the eligible entity or the eligible
entities that comprise the multi-entity group receive
not less than--
``(i) 25 percent of the amount of the grant
awarded to the eligible entity;
[[Page 135 STAT. 1282]]
``(ii) items, services, capabilities, or
activities having a value of not less than 25
percent of the amount of the grant awarded to the
eligible entity; or
``(iii) grant funds combined with other items,
services, capabilities, or activities having the
total value of not less than 25 percent of the
grant awarded to the eligible entity.
``(C) Exceptions.--This paragraph shall not apply
to--
``(i) any grant awarded under this section
that solely supports activities that are integral
to the development or revision of the
Cybersecurity Plan of the eligible entity; or
``(ii) the District of Columbia, the
Commonwealth of Puerto Rico, American Samoa, the
Commonwealth of the Northern Mariana Islands,
Guam, the United States Virgin Islands, or a
Tribal government.
``(3) Certifications regarding distribution of grant funds
to local governments.--An eligible entity or multi-entity group
shall certify to the Secretary that the eligible entity or
multi-entity group has made the distribution to local
governments required under paragraph (2).
``(4) Extension of period.--
``(A) In general.--An eligible entity or multi-
entity group may request in writing that the Secretary
extend the period of time specified in paragraph (2) for
an additional period of time.
``(B) <<NOTE: Determination.>> Approval.--The
Secretary may approve a request for an extension under
subparagraph (A) if the Secretary determines the
extension is necessary to ensure that the obligation and
expenditure of grant funds align with the purpose of the
State and Local Cybersecurity Grant Program.
``(5) Direct funding.--If an eligible entity does not make a
distribution to a local government required under paragraph (2)
in a timely fashion, the local government may petition the
Secretary to request the Secretary to provide funds directly to
the local government.
``(6) Limitation on construction.--A grant awarded under
this section may not be used to acquire land or to construct,
remodel, or perform alterations of buildings or other physical
facilities.
``(7) Consultation in allocating funds.--An eligible entity
applying for a grant under this section shall agree to consult
the Chief Information Officer, the Chief Information Security
Officer, or an equivalent official of the eligible entity in
allocating funds from a grant awarded under this section.
``(8) Penalties.--In addition to other remedies available to
the Secretary, if an eligible entity violates a requirement of
this subsection, the Secretary may--
``(A) terminate or reduce the amount of a grant
awarded under this section to the eligible entity; or
``(B) distribute grant funds previously awarded to
the eligible entity--
``(i) <<NOTE: Determination.>> in the case of
an eligible entity that is a State, directly to
the appropriate local government as a
[[Page 135 STAT. 1283]]
replacement grant in an amount determined by the
Secretary; or
``(ii) in the case of an eligible entity that
is a Tribal government, to another Tribal
government or Tribal governments as a replacement
grant in an amount determined by the Secretary.
``(o) Consultation With State, Local, and Tribal Representatives.--
In carrying out this section, the Secretary shall consult with State,
local, and Tribal representatives with professional experience relating
to cybersecurity, including representatives of associations representing
State, local, and Tribal governments, to inform--
``(1) guidance for applicants for grants under this section,
including guidance for Cybersecurity Plans;
``(2) the study of risk-based formulas required under
subsection (q)(4);
``(3) the development of guidelines required under
subsection (m)(2)(B); and
``(4) any modifications described in subsection (q)(2)(D).
``(p) <<NOTE: Deadline.>> Notification to Congress.--Not later than
3 business days before the date on which the Department announces the
award of a grant to an eligible entity under this section, including an
announcement to the eligible entity, the Secretary shall provide to the
appropriate committees of Congress notice of the announcement.
``(q) Reports, Study, and Review.--
``(1) Annual reports by grant recipients.--
``(A) In general.--Not later than 1 year after the
date on which an eligible entity receives a grant under
this section for the purpose of implementing the
Cybersecurity Plan of the eligible entity, including an
eligible entity that comprises a multi-entity group that
receives a grant for that purpose, and annually
thereafter until 1 year after the date on which funds
from the grant are expended or returned, the eligible
entity shall submit to the Secretary a report that,
using the metrics described in the Cybersecurity Plan of
the eligible entity, describes the progress of the
eligible entity in--
``(i) implementing the Cybersecurity Plan of
the eligible entity; and
``(ii) reducing cybersecurity risks to, and
identifying, responding to, and recovering from
cybersecurity threats to, information systems
owned or operated by, or on behalf of, the
eligible entity or, if the eligible entity is a
State, local governments within the jurisdiction
of the eligible entity.
``(B) Absence of plan.--Not later than 1 year after
the date on which an eligible entity that does not have
a Cybersecurity Plan receives funds under this section,
and annually thereafter until 1 year after the date on
which funds from the grant are expended or returned, the
eligible entity shall submit to the Secretary a report
describing how the eligible entity obligated and
expended grant funds to--
``(i) develop or revise a Cybersecurity Plan;
or
``(ii) assist with the activities described in
subsection (d)(4).
[[Page 135 STAT. 1284]]
``(2) Annual reports to congress.--Not less frequently than
annually, the Secretary, acting through the Director, shall
submit to Congress a report on--
``(A) the use of grants awarded under this section;
``(B) the proportion of grants used to support
cybersecurity in rural areas;
``(C) the effectiveness of the State and Local
Cybersecurity Grant Program;
``(D) any necessary modifications to the State and
Local Cybersecurity Grant Program; and
``(E) any progress made toward--
``(i) developing, implementing, or revising
Cybersecurity Plans; and
``(ii) reducing cybersecurity risks to, and
identifying, responding to, and recovering from
cybersecurity threats to, information systems
owned or operated by, or on behalf of, State,
local, or Tribal governments as a result of the
award of grants under this section.
``(3) Public availability.--
``(A) <<NOTE: Web posting.>> In general.--The
Secretary, acting through the Director, shall make each
report submitted under paragraph (2) publicly available,
including by making each report available on the website
of the Agency.
``(B) <<NOTE: Consultation. Determination.>>
Redactions.--In making each report publicly available
under subparagraph (A), the Director may make redactions
that the Director, in consultation with each eligible
entity, determines necessary to protect classified or
other information exempt from disclosure under section
552 of title 5, United States Code (commonly referred to
as the `Freedom of Information Act').
``(4) Study of risk-based formulas.--
``(A) <<NOTE: Deadline. Recommenda- tions.>> In
general.--Not later than September 30, 2024, the
Secretary, acting through the Director, shall submit to
the appropriate committees of Congress a study and
legislative recommendations on the potential use of a
risk-based formula for apportioning funds under this
section, including--
``(i) potential components that could be
included in a risk-based formula, including the
potential impact of those components on support
for rural areas under this section;
``(ii) potential sources of data and
information necessary for the implementation of a
risk-based formula;
``(iii) any obstacles to implementing a risk-
based formula, including obstacles that require a
legislative solution;
``(iv) if a risk-based formula were to be
implemented for fiscal year 2026, a recommended
risk-based formula for the State and Local
Cybersecurity Grant Program; and
``(v) <<NOTE: Determination.>> any other
information that the Secretary, acting through the
Director, determines necessary to help Congress
understand the progress towards, and obstacles to,
implementing a risk-based formula.
``(B) Inapplicability of paperwork reduction act.--
The requirements of chapter 35 of title 44, United
States Code (commonly referred to as the `Paperwork
Reduction
[[Page 135 STAT. 1285]]
Act'), shall not apply to any action taken to carry out
this paragraph.
``(5) Tribal cybersecurity needs report.--Not later than 2
years after the date of enactment of this section, the
Secretary, acting through the Director, shall submit to Congress
a report that--
``(A) <<NOTE: Determination. Consultation.>>
describes the cybersecurity needs of Tribal governments,
which shall be determined in consultation with the
Secretary of the Interior and Tribal governments; and
``(B) <<NOTE: Recommenda- tions.>> includes any
recommendations for addressing the cybersecurity needs
of Tribal governments, including any necessary
modifications to the State and Local Cybersecurity Grant
Program to better serve Tribal governments.
``(6) <<NOTE: Deadline.>> GAO review.--Not later than 3
years after the date of enactment of this section, the
Comptroller General of the United States shall conduct a review
of the State and Local Cybersecurity Grant Program, including--
``(A) the grant selection process of the Secretary;
and
``(B) a sample of grants awarded under this section.
``(r) Authorization of Appropriations.--
``(1) In general.--There are authorized to be appropriated
for activities under this section--
``(A) for fiscal year 2022, $200,000,000;
``(B) for fiscal year 2023, $400,000,000;
``(C) for fiscal year 2024, $300,000,000; and
``(D) for fiscal year 2025, $100,000,000.
``(2) Transfers authorized.--
``(A) In general.--During a fiscal year, the
Secretary or the head of any component of the Department
that administers the State and Local Cybersecurity Grant
Program may transfer not more than 5 percent of the
amounts appropriated pursuant to paragraph (1) or other
amounts appropriated to carry out the State and Local
Cybersecurity Grant Program for that fiscal year to an
account of the Department for salaries, expenses, and
other administrative costs incurred for the management,
administration, or evaluation of this section.
``(B) Additional appropriations.--Any funds
transferred under subparagraph (A) shall be in addition
to any funds appropriated to the Department or the
components described in subparagraph (A) for salaries,
expenses, and other administrative costs.
``(s) Termination.--
``(1) In general.--Subject to paragraph (2), the
requirements of this section shall terminate on September 30,
2025.
``(2) Exception.--The reporting requirements under
subsection (q) shall terminate on the date that is 1 year after
the date on which the final funds from a grant under this
section are expended or returned.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 (Public Law 107-296; 116 Stat. 2135),
is amended by inserting after the item relating to section 2217 the
following:
``Sec. 2218. State and Local Cybersecurity Grant Program.''.
[[Page 135 STAT. 1286]]
TITLE VII--PUBLIC-PRIVATE PARTNERSHIPS
SEC. 70701. <<NOTE: 23 USC 601 note.>> VALUE FOR MONEY ANALYSIS.
(a) <<NOTE: Evaluation.>> In General.--Notwithstanding any other
provision of law, in the case of a project described in subsection (b),
the entity carrying out the project shall, during the planning and
project development process and prior to signing any Project Development
Agreement, conduct a value for money analysis or comparable analysis of
the project, which shall include an evaluation of--
(1) the life-cycle cost and project delivery schedule;
(2) the costs of using public funding versus private
financing for the project;
(3) a description of the key assumptions made in developing
the analysis, including--
(A) an analysis of any Federal grants or loans and
subsidies received or expected (including tax
depreciation costs);
(B) the key terms of the proposed public-private
partnership agreement, if applicable (including the
expected rate of return for private debt and equity),
and major compensation events;
(C) a discussion of the benefits and costs
associated with the allocation of risk;
(D) <<NOTE: Determination.>> the determination of
risk premiums assigned to various project delivery
scenarios;
(E) assumptions about use, demand, and any user fee
revenue generated by the project; and
(F) any externality benefits for the public
generated by the project;
(4) a forecast of user fees and other revenues expected to
be generated by the project, if applicable; and
(5) <<NOTE: Determination.>> any other information the
Secretary of Transportation determines to be appropriate.
(b) Project Described.--A project referred to in subsection (a) is a
transportation project--
(1) with an estimated total cost of more than $750,000,000;
(2) carried out--
(A) by a public entity that is a State, territory,
Indian Tribe, unit of local government, transit agency,
port authority, metropolitan planning organization,
airport authority, or other political subdivision of a
State or local government; and
(B) in a State in which there is in effect a State
law authorizing the use and implementation of public-
private partnerships for transportation projects; and
(3)(A) that intends to submit a letter of interest, or has
submitted a letter of interest after the date of enactment of
this Act, to be carried out with--
(i) assistance under the TIFIA program under chapter
6 of title 23, United States Code; or
(ii) assistance under the Railroad Rehabilitation
and Improvement Financing Program of the Federal
Railroad Administration established under chapter 224 of
title 49, United States Code; and
[[Page 135 STAT. 1287]]
(B) that is anticipated to generate user fees or other
revenues that could support the capital and operating costs of
such project.
(c) Reporting Requirements.--
(1) Project reports.--For each project described in
subsection (b), the entity carrying out the project shall--
(A) <<NOTE: Web posting.>> include the results of
the analysis under subsection (a) on the website of the
project; and
(B) submit the results of the analysis to the Build
America Bureau and the Secretary of Transportation.
(2) <<NOTE: Coordination.>> Report to congress.--The
Secretary of Transportation, in coordination with the Build
America Bureau, shall, not later than 2 years after the date of
enactment of this Act--
(A) compile the analyses submitted under paragraph
(1)(B); and
(B) submit to Congress a report that--
(i) includes the analyses submitted under
paragraph (1)(B);
(ii) describes--
(I) the use of private financing for
projects described in subsection (b);
and
(II) the costs and benefits of
conducting a value for money analysis;
and
(iii) identifies best practices for private
financing of projects described in subsection (b).
(d) <<NOTE: Coordination.>> Guidance.--The Secretary of
Transportation, in coordination with the Build America Bureau, shall
issue guidance on performance benchmarks, risk premiums, and expected
rates of return on private financing for projects described in
subsection (b).
TITLE VIII--FEDERAL PERMITTING IMPROVEMENT
SEC. 70801. FEDERAL PERMITTING IMPROVEMENT.
(a) Definitions.--Section 41001 of the FAST Act (42 U.S.C. 4370m) is
amended--
(1) in paragraph (3), by inserting ``and any interagency
consultation'' after ``issued by an agency'';
(2) in paragraph (4), by striking ``means'' and all that
follows through the period at the end of subparagraph (B) and
inserting ``has the meaning given the term in section 1508.1 of
title 40, Code of Federal Regulations (or successor
regulations).'';
(3) in paragraph (5), by striking ``Federal Infrastructure
Permitting Improvement Steering Council'' and inserting
``Federal Permitting Improvement Steering Council'';
(4) in paragraph (6)(A)--
(A) in clause (ii), by striking ``or'' at the end;
(B) by redesignating clause (iii) as clause (iv);
and
(C) by inserting after clause (ii) the following:
``(iii) is--
``(I) subject to NEPA;
``(II) sponsored by an Indian Tribe
(as defined in section 4 of the Indian
Self-Determination and
[[Page 135 STAT. 1288]]
Education Assistance Act (25 U.S.C.
5304)), an Alaska Native Corporation, a
Native Hawaiian organization (as defined
in section 6207 of the Elementary and
Secondary Education Act of 1965 (20
U.S.C. 7517)), the Department of
Hawaiian Home Lands, or the Office of
Hawaiian Affairs; and
``(III) located on land owned or
under the jurisdiction of the entity
that sponsors the activity under
subclause (II); or''; and
(5) in paragraph (8), by striking ``means'' and all that
follows through the period at the end and inserting ``has the
meaning given the term in section 1508.1 of title 40, Code of
Federal Regulations (or successor regulations).''.
(b) Federal Permitting Improvement Steering Council.--Section 41002
of the FAST Act (42 U.S.C. 4370m-1) is amended--
(1) in the section heading, by striking ``federal permitting
improvement council'' and inserting ``federal permitting
improvement steering council'';
(2) in subsection (b)(2)(A)--
(A) in clause (i)--
(i) by striking ``Each'' and inserting the
following:
``(I) In general.--Each''; and
(ii) by adding at the end the following:
``(II) <<NOTE: Notification. Deadline.>>
Redesignation.--If an individual listed
in subparagraph (B) designates a
different member to serve on the Council
than the member designated under
subclause (I), the individual shall
notify the Executive Director of the
designation by not later than 30 days
after the date on which the designation
is made.''; and
(B) in clause (iii)(II), by striking ``a deputy
secretary (or the equivalent) or higher'' and inserting
``the applicable agency councilmember'';
(3) <<NOTE: Performance schedules.>> in subsection (c)--
(A) in paragraph (1)(C)(ii)--
(i) by striking subclause (I) and inserting
the following:
``(I) In general.--The performance
schedules shall reflect employment of
the most sound and efficient applicable
processes, including the alignment of
Federal reviews of projects, reduction
of permitting and project delivery time,
and consideration of the best practices
for public participation.'';
(ii) by redesignating subclause (II) as
subclause (III);
(iii) by inserting after subclause (I) the
following:
``(II) <<NOTE: Consultations. Time
period.>> Goal.--
``(aa) In general.--To the
maximum extent practicable, and
consistent with applicable
Federal law, the Executive
Director, in consultation with
the Council, shall aim to
develop recommended performance
schedules under clause (i) of
not more than 2 years.
``(bb) Exception.--If a
recommended performance schedule
developed under clause (i)
exceeds 2 years, the relevant
agencies, in
[[Page 135 STAT. 1289]]
consultation with the Executive
Director and the Council, shall
explain in that recommended
performance schedule the factors
that cause the environmental
reviews and authorizations in
that category of covered
projects to take longer than 2
years.''; and
(iv) in subclause (III)(bb) (as so
redesignated), by striking ``on the basis of data
from the preceding 2 calendar years'' and
inserting ``based on relevant historical data, as
determined by the Executive Director,'';
(B) in paragraph (2)(B)--
(i) in the matter preceding clause (i), by
striking ``later than'' and all that follows
through ``practices for'' and inserting ``less
frequently than annually, the Council shall issue
recommendations on the best practices for
improving the Federal permitting process for
covered projects, which may include'';
(ii) in clause (i)--
(I) by striking ``stakeholder
engagement, including fully
considering'' and inserting
``stakeholder engagement, including--
``(II) fully considering''; and
(II) by inserting before subclause
(II) (as added by subclause (I)) the
following:
``(I) engaging with Native American
stakeholders to ensure that project
sponsors and agencies identify potential
natural, archeological, and cultural
resources and locations of historic and
religious significance in the area of a
covered project; and'';
(iii) in clause (vii), by striking ``and'' at
the end;
(iv) by redesignating clause (viii) as clause
(x); and
(v) by inserting after clause (vii) the
following:
``(viii) in coordination with the Executive
Director, improving preliminary engagement with
project sponsors in developing coordinated project
plans;
``(ix) using programmatic assessments,
templates, and other tools based on the best
available science and data; and''; and
(C) in paragraph (3)(A), by inserting ``, including
agency compliance with intermediate and final completion
dates described in coordinated project plans'' after
``authorizations''; and
(4) by striking subsection (d).
(c) Permitting Process Improvement.--Section 41003 of the FAST Act
(42 U.S.C. 4370m-2) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by adding at the end the
following:
``(D) Confidentiality.--Any information relating to
Native American natural, cultural, and historical
resources submitted in a notice by a project sponsor
under subparagraph (A) shall be--
``(i) kept confidential; and
[[Page 135 STAT. 1290]]
``(ii) exempt from the disclosure requirements
under section 552 of title 5, United States Code
(commonly known as the `Freedom of Information
Act'), and the Federal Advisory Committee Act (5
U.S.C. App.).'';
(B) in paragraph (2)--
(i) in subparagraph (A), in the matter
preceding clause (i), by striking ``45 days'' and
inserting ``21 calendar days''; and
(ii) in subparagraph (B), by inserting ``14
calendar day'' before ``deadline''; and
(C) in paragraph (3)(A), in the matter preceding
clause (i), by inserting ``and the Executive Director''
after ``as applicable,'';
(2) in subsection (b)--
(A) in paragraph (2)(A), by adding at the end the
following:
``(iii) Projects other than covered
projects.--
``(I) <<NOTE: Determination.>> In
general.--The Executive Director may
direct a lead agency to create a
specific entry on the Dashboard for a
project that is not a covered project
and is under review by the lead agency
if the Executive Director determines
that a Dashboard entry for that project
is in the interest of transparency.
``(II) <<NOTE: Deadline.>>
Requirements.--Not later than 14 days
after the date on which the Executive
Director directs the lead agency to
create a specific entry on the Dashboard
for a project described in subclause
(I), the lead agency shall create and
maintain a specific entry on the
Dashboard for the project that
contains--
``(aa) a comprehensive
permitting timetable, as
described in subsection
(c)(2)(A);
``(bb) the status of the
compliance of each lead agency,
cooperating agency, and
participating agency with the
permitting timetable required
under item (aa);
``(cc) any modifications of
the permitting timetable
required under item (aa),
including an explanation as to
why the permitting timetable was
modified; and
``(dd) information about
project-related public meetings,
public hearings, and public
comment periods, which shall be
presented in English and the
predominant language of the
community or communities most
affected by the project, as that
information becomes
available.''; and
(B) in paragraph (3)(A)--
(i) in clause (i)--
(I) in subclause (IV), by striking
``and'' at the end;
(II) by redesignating subclause (V)
as subclause (VI);
(III) by inserting after subclause
(IV) the following:
[[Page 135 STAT. 1291]]
``(V) information on the status of
mitigation measures that were agreed to
as part of the environmental review and
permitting process, including whether
and when the mitigation measures have
been fully implemented; and''; and
(IV) in subclause (VI) (as so
redesignated), by striking ``and'' at
the end;
(ii) in clause (ii), by striking the period at
the end and inserting ``; and''; and
(iii) by adding at the end the following:
``(iii) information about project-related
public meetings, public hearings, and public
comment periods, which shall be presented in
English and the predominant language of the
community or communities most affected by the
project, as that information becomes available.'';
and
(3) in subsection (c)(2)--
(A) in subparagraph (A), strike ``coordination'' and
insert ``coordinated'';
(B) in subparagraph (D)(i)--
(i) by redesignating subclauses (I) through
(III) as subclauses (II) through (IV),
respectively;
(ii) by inserting before subclause (II) (as so
redesignated) the following:
``(I) the facilitating or lead
agency, as applicable, consults with the
Executive Director regarding the
potential modification not less than 15
days before engaging in the consultation
under subclause (II);''; and
(iii) in subclause (II) (as so redesignated),
by inserting ``, the Executive Director,'' after
``participating agencies''; and
(C) in subparagraph (F)--
(i) in clause (i)--
(I) by inserting ``intermediate and
final'' before ``completion dates''; and
(II) by inserting ``intermediate or
final'' before ``completion date''; and
(ii) in clause (ii)--
(I) in the matter preceding
subclause (I), by striking ``a
completion date for agency action on a
covered project or is at significant
risk of failing to conform with'' and
inserting ``an intermediate or final
completion date for agency action on a
covered project or reasonably believes
the agency will fail to conform with a
completion date 30 days before''; and
(II) in subclause (I), by striking
``significantly risking failing to
conform'' and inserting ``reasonably
believing the agency will fail to
conform''.
(d) Coordination of Required Reviews.--Section 41005 of the FAST Act
(42 U.S.C. 4370m-4) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``and'' at the
end;
(B) in paragraph (2), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
[[Page 135 STAT. 1292]]
``(3) where an environmental impact statement is required
for a project, prepare a single, joint interagency environmental
impact statement for the project unless the lead agency provides
justification in the coordinated project plan that multiple
environmental documents are more efficient for project review
and authorization.'';
(2) in subsection (b)--
(A) by striking ``(1) State environmental documents;
supplemental documents.--'';
(B) by redesignating subparagraphs (A) through (E)
as paragraphs (1) through (5), respectively, and
indenting appropriately;
(C) in paragraph (1) (as so redesignated)--
(i) by redesignating clauses (i) and (ii) as
subparagraphs (A) and (B), respectively, and
indenting appropriately; and
(ii) in subparagraph (A) (as so
redesignated)--
(I) by striking ``State laws and
procedures'' and inserting ``the laws
and procedures of a State or Indian
Tribe (as defined in section 102 of the
Federally Recognized Indian Tribe List
Act of 1994 (25 U.S.C. 5130))''; and
(II) by inserting ``developed
pursuant to laws and procedures of that
State or Indian Tribe (as so defined)
that are of equal or greater rigor to
each applicable Federal law and
procedure, and'' after ``Council on
Environmental Quality,'';
(D) in paragraph (2) (as so redesignated), by
striking ``subparagraph (A)'' each place it appears and
inserting ``paragraph (1)'';
(E) in paragraph (3) (as so redesignated)--
(i) in the matter preceding clause (i), by
striking ``subparagraph (A)'' and inserting
``paragraph (1)''; and
(ii) by redesignating clauses (i) and (ii) as
subparagraphs (A) and (B), respectively, and
indenting appropriately;
(F) in paragraph (4) (as so redesignated)--
(i) in the matter preceding clause (i), by
striking ``subparagraph (C)'' and inserting
``paragraph (3)''; and
(ii) by redesignating clauses (i) and (ii) as
subparagraphs (A) and (B), respectively, and
indenting appropriately; and
(G) in paragraph (5) (as so redesignated)--
(i) by striking ``subparagraph (A)'' and
inserting ``paragraph (1)''; and
(ii) by striking ``subparagraph (C)'' and
inserting ``paragraph (3)'';
(3) in subsection (c)(4)--
(A) in the matter preceding subparagraph (A), by
striking ``determines that the development of the higher
level of detail will not prevent--'' and inserting
``determines that--'';
(B) in subparagraph (A), by inserting ``the
development of the higher level of detail will not
prevent'' before ``the lead agency''; and
(C) by striking subparagraph (B) and inserting the
following:
[[Page 135 STAT. 1293]]
``(B) the preferred and other alternatives are
developed in sufficient detail to enable the public to
comment on the alternatives.'';
(4) by redesignating subsection (f) as subsection (g); and
(5) by inserting after subsection (e) the following:
``(f) <<NOTE: Deadline.>> Record of Decision.--When an
environmental impact statement is prepared, Federal agencies must, to
the maximum extent practicable, issue a record of decision not later
than 90 days after the date on which the final environmental impact
statement is issued.''.
(e) Litigation, Judicial Review, and Savings Provision.--Section
41007 of the FAST Act (42 U.S.C. 4370m-6) is amended--
(1) in subsection (a)(1)--
(A) in subparagraph (A)--
(i) by striking ``the action'' and inserting
``the claim''; and
(ii) by striking ``of the final record of
decision or approval or denial of a permit'' and
inserting ``of notice of final agency action on
the authorization''; and
(B) in subparagraph (B)(i), by striking ``the
action'' and inserting ``the claim''; and
(2) in subsection (e), in the matter preceding paragraph
(1), by striking ``this section'' and inserting ``this title''.
(f) Reports.--Section 41008 of the FAST Act (42 U.S.C. 4370m-7) is
amended by striking subsection (a) and inserting the following:
``(a) Reports to Congress.--
``(1) Executive director annual report.--
``(A) <<NOTE: Effective date.>> In general.--Not
later than April 15 of each year for 10 years beginning
on the date of enactment of the Infrastructure
Investment and Jobs Act, the Executive Director shall
submit to Congress a report detailing the progress
accomplished under this title during the previous fiscal
year.
``(B) Opportunity to include comments.--Each
councilmember, with input from the respective agency
CERPO, shall have the opportunity to include comments
concerning the performance of the agency in the report
described in subparagraph (A).
``(2) Quarterly agency performance report.--The Executive
Director shall submit to Congress a quarterly report evaluating
agency compliance with the provisions of this title, which shall
include a description of the implementation and adherence of
each agency to the coordinated project plan and permitting
timetable requirements under section 41003(c).
``(3) <<NOTE: Assessment.>> Agency best practices report.--
Not later than April 15 of each year, each participating agency
and lead agency shall submit to Congress and the Director of the
Office of Management and Budget a report assessing the
performance of the agency in implementing the best practices
described in section 41002(c)(2)(B).''.
(g) Funding for Governance, Oversight, and Processing of
Environmental Reviews and Permits.--Section 41009 of the FAST Act (42
U.S.C. 4370m-8) is amended--
(1) by striking subsection (a) and inserting the following:
``(a) <<NOTE: Consultation. Regulations. Reimbursement.>> In
General.--For the purpose of carrying out this title, the Executive
Director, in consultation with the heads of the agencies listed in
section 41002(b)(2)(B) and with the guidance of the
[[Page 135 STAT. 1294]]
Director of the Office of Management and Budget, may, after public
notice and opportunity for comment, issue regulations establishing a fee
structure for sponsors of covered projects to reimburse the United
States for reasonable costs incurred in conducting environmental reviews
and authorizations for covered projects.'';
(2) in subsection (b), by striking ``and 41003'' and
inserting ``through 41008''; and
(3) in subsection (d)--
(A) in the subsection heading, by striking ``and
Permitting''; and
(B) by striking paragraphs (2) and (3) and inserting
the following:
``(2) Availability.--Amounts in the Fund shall be available
to the Executive Director, without fiscal year limitation,
solely for the purposes of administering, implementing, and
enforcing this title, including the expenses of the Council,
staffing of the Office of the Executive Director, and support of
the role of the Council as a Federal center for permitting
excellence, which may include supporting interagency detailee
and rotation opportunities, advanced training, enhanced support
for agency project managers, and fora for sharing information
and lessons learned.
``(3) Transfer.--For the purpose of carrying out this title,
the Executive Director, with the approval of the Director of the
Office of Management and Budget, may transfer amounts in the
Fund to other Federal agencies and State, Tribal, and local
governments to facilitate timely and efficient environmental
reviews and authorizations for covered projects and other
projects under this title, including direct reimbursement
agreements with agency CERPOs, reimbursable agreements, and
approval and consultation processes and staff for covered
projects.''.
(h) <<NOTE: Repeal.>> Sunset.--Section 41013 of the FAST Act (42
U.S.C. 4370m-12) is repealed.
(i) Technical Correction.--Section 41002(b)(2)(A)(ii) of the FAST
Act (42 U.S.C. 4370m-1(b)(2)(A)(ii)) is amended by striking
``councilmem-ber'' and inserting ``councilmember''.
(j) Clerical Amendment.--The table of contents in section 1(b) of
the FAST Act (Public Law 114-94; 129 Stat. 1319) is amended by striking
the item relating to section 41002 and inserting the following:
``Sec. 41002. Federal Permitting Improvement Steering Council.''.
TITLE IX--BUILD AMERICA, BUY AMERICA
Subtitle <<NOTE: Build America, Buy America Act.>> A--Build America,
Buy America
SEC. 70901. <<NOTE: 41 USC 8301 note.>> SHORT TITLE.
This subtitle may be cited as the ``Build America, Buy America
Act''.
[[Page 135 STAT. 1295]]
PART I--BUY AMERICA SOURCING REQUIREMENTS
SEC. 70911. FINDINGS.
Congress finds that--
(1) the United States must make significant investments to
install, upgrade, or replace the public works infrastructure of
the United States;
(2) with respect to investments in the infrastructure of the
United States, taxpayers expect that their public works
infrastructure will be produced in the United States by American
workers;
(3) United States taxpayer dollars invested in public
infrastructure should not be used to reward companies that have
moved their operations, investment dollars, and jobs to foreign
countries or foreign factories, particularly those that do not
share or openly flout the commitments of the United States to
environmental, worker, and workplace safety protections;
(4) in procuring materials for public works projects,
entities using taxpayer-financed Federal assistance should give
a commonsense procurement preference for the materials and
products produced by companies and workers in the United States
in accordance with the high ideals embodied in the
environmental, worker, workplace safety, and other regulatory
requirements of the United States;
(5) common construction materials used in public works
infrastructure projects, including steel, iron, manufactured
products, non-ferrous metals, plastic and polymer-based products
(including polyvinylchloride, composite building materials, and
polymers used in fiber optic cables), glass (including optic
glass), lumber, and drywall are not adequately covered by a
domestic content procurement preference, thus limiting the
impact of taxpayer purchases to enhance supply chains in the
United States;
(6) the benefits of domestic content procurement preferences
extend beyond economics;
(7) by incentivizing domestic manufacturing, domestic
content procurement preferences reinvest tax dollars in
companies and processes using the highest labor and
environmental standards in the world;
(8) strong domestic content procurement preference policies
act to prevent shifts in production to countries that rely on
production practices that are significantly less energy
efficient and far more polluting than those in the United
States;
(9) for over 75 years, Buy America and other domestic
content procurement preference laws have been part of the United
States procurement policy, ensuring that the United States can
build and rebuild the infrastructure of the United States with
high-quality American-made materials;
(10) before the date of enactment of this Act, a domestic
content procurement preference requirement may not apply, may
apply only to a narrow scope of products and materials, or may
be limited by waiver with respect to many infrastructure
programs, which necessitates a review of such programs,
including programs for roads, highways, and bridges, public
[[Page 135 STAT. 1296]]
transportation, dams, ports, harbors, and other maritime
facilities, intercity passenger and freight railroads, freight
and intermodal facilities, airports, water systems, including
drinking water and wastewater systems, electrical transmission
facilities and systems, utilities, broadband infrastructure, and
buildings and real property;
(11) Buy America laws create demand for domestically
produced goods, helping to sustain and grow domestic
manufacturing and the millions of jobs domestic manufacturing
supports throughout product supply chains;
(12) as of the date of enactment of this Act, domestic
content procurement preference policies apply to all Federal
Government procurement and to various Federal-aid infrastructure
programs;
(13) a robust domestic manufacturing sector is a vital
component of the national security of the United States;
(14) as more manufacturing operations of the United States
have moved offshore, the strength and readiness of the defense
industrial base of the United States has been diminished; and
(15) domestic content procurement preference laws--
(A) are fully consistent with the international
obligations of the United States; and
(B) together with the government procurements to
which the laws apply, are important levers for ensuring
that United States manufacturers can access the
government procurement markets of the trading partners
of the United States.
SEC. 70912. DEFINITIONS.
In this part:
(1) Deficient program.--The term ``deficient program'' means
a program identified by the head of a Federal agency under
section 70913(c).
(2) Domestic content procurement preference.--The term
``domestic content procurement preference'' means a requirement
that no amounts made available through a program for Federal
financial assistance may be obligated for a project unless--
(A) all iron and steel used in the project are
produced in the United States;
(B) the manufactured products used in the project
are produced in the United States; or
(C) the construction materials used in the project
are produced in the United States.
(3) Federal agency.--The term ``Federal agency'' means any
authority of the United States that is an ``agency'' (as defined
in section 3502 of title 44, United States Code), other than an
independent regulatory agency (as defined in that section).
(4) Federal financial assistance.--
(A) In general.--The term ``Federal financial
assistance'' has the meaning given the term in section
200.1 of title 2, Code of Federal Regulations (or
successor regulations).
(B) Inclusion.--The term ``Federal financial
assistance'' includes all expenditures by a Federal
agency to a non-Federal entity for an infrastructure
project, except
[[Page 135 STAT. 1297]]
that it does not include expenditures for assistance
authorized under section 402, 403, 404, 406, 408, or 502
of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5170a, 5170b, 5170c, 5172,
5174, or 5192) relating to a major disaster or emergency
declared by the President under section 401 or 501,
respectively, of such Act (42 U.S.C. 5170, 5191) or pre
and post disaster or emergency response expenditures.
(5) Infrastructure.--The term ``infrastructure'' includes,
at a minimum, the structures, facilities, and equipment for, in
the United States--
(A) roads, highways, and bridges;
(B) public transportation;
(C) dams, ports, harbors, and other maritime
facilities;
(D) intercity passenger and freight railroads;
(E) freight and intermodal facilities;
(F) airports;
(G) water systems, including drinking water and
wastewater systems;
(H) electrical transmission facilities and systems;
(I) utilities;
(J) broadband infrastructure; and
(K) buildings and real property.
(6) Produced in the united states.--The term ``produced in
the United States'' means--
(A) in the case of iron or steel products, that all
manufacturing processes, from the initial melting stage
through the application of coatings, occurred in the
United States;
(B) in the case of manufactured products, that--
(i) the manufactured product was manufactured
in the United States; and
(ii) the cost of the components of the
manufactured product that are mined, produced, or
manufactured in the United States is greater than
55 percent of the total cost of all components of
the manufactured product, unless another standard
for determining the minimum amount of domestic
content of the manufactured product has been
established under applicable law or regulation;
and
(C) in the case of construction materials, that all
manufacturing processes for the construction material
occurred in the United States.
(7) Project.--The term ``project'' means the construction,
alteration, maintenance, or repair of infrastructure in the
United States.
SEC. 70913. IDENTIFICATION OF DEFICIENT PROGRAMS.
(a) <<NOTE: Notice. Reports.>> In General.--Not later than 60 days
after the date of enactment of this Act, the head of each Federal agency
shall--
(1) submit to the Office of Management and Budget and to
Congress, including a separate notice to each appropriate
congressional committee, a report that identifies each Federal
financial assistance program for infrastructure administered by
the Federal agency; and
(2) <<NOTE: Federal Register, publication.>> publish in the
Federal Register the report under paragraph (1).
[[Page 135 STAT. 1298]]
(b) Requirements.--In the report under subsection (a), the head of
each Federal agency shall, for each Federal financial assistance
program--
(1) identify all domestic content procurement preferences
applicable to the Federal financial assistance;
(2) <<NOTE: Assessment.>> assess the applicability of the
domestic content procurement preference requirements,
including--
(A) section 313 of title 23, United States Code;
(B) section 5323(j) of title 49, United States Code;
(C) section 22905(a) of title 49, United States
Code;
(D) section 50101 of title 49, United States Code;
(E) section 603 of the Federal Water Pollution
Control Act (33 U.S.C. 1388);
(F) section 1452(a)(4) of the Safe Drinking Water
Act (42 U.S.C. 300j-12(a)(4));
(G) section 5035 of the Water Infrastructure Finance
and Innovation Act of 2014 (33 U.S.C. 3914);
(H) any domestic content procurement preference
included in an appropriations Act; and
(I) any other domestic content procurement
preference in Federal law (including regulations);
(3) provide details on any applicable domestic content
procurement preference requirement, including the purpose,
scope, applicability, and any exceptions and waivers issued
under the requirement; and
(4) include a description of the type of infrastructure
projects that receive funding under the program, including
information relating to--
(A) the number of entities that are participating in
the program;
(B) the amount of Federal funds that are made
available for the program for each fiscal year; and
(C) <<NOTE: Determination.>> any other information
the head of the Federal agency determines to be
relevant.
(c) List of Deficient Programs.--In the report under subsection (a),
the head of each Federal agency shall include a list of Federal
financial assistance programs for infrastructure identified under that
subsection for which a domestic content procurement preference
requirement--
(1) does not apply in a manner consistent with section
70914; or
(2) is subject to a waiver of general applicability not
limited to the use of specific products for use in a specific
project.
SEC. 70914. APPLICATION OF BUY AMERICA PREFERENCE.
(a) <<NOTE: Deadline.>> In General.--Not later than 180 days after
the date of enactment of this Act, the head of each Federal agency shall
ensure that none of the funds made available for a Federal financial
assistance program for infrastructure, including each deficient program,
may be obligated for a project unless all of the iron, steel,
manufactured products, and construction materials used in the project
are produced in the United States.
(b) Waiver.--The head of a Federal agency that applies a domestic
content procurement preference under this section may waive the
application of that preference in any case in which the head of the
Federal agency finds that--
[[Page 135 STAT. 1299]]
(1) applying the domestic content procurement preference
would be inconsistent with the public interest;
(2) types of iron, steel, manufactured products, or
construction materials are not produced in the United States in
sufficient and reasonably available quantities or of a
satisfactory quality; or
(3) the inclusion of iron, steel, manufactured products, or
construction materials produced in the United States will
increase the cost of the overall project by more than 25
percent.
(c) Written Justification.--Before issuing a waiver under subsection
(b), the head of the Federal agency shall--
(1) <<NOTE: Public information. Web
postings. Determination.>> make publicly available in an easily
accessible location on a website designated by the Office of
Management and Budget and on the website of the Federal agency a
detailed written explanation for the proposed determination to
issue the waiver; and
(2) <<NOTE: Time period. Public comment.>> provide a period
of not less than 15 days for public comment on the proposed
waiver.
(d) Review of Waivers of General Applicability.--
(1) <<NOTE: Time period.>> In general.--An existing general
applicability waiver or a general applicability waiver issued
under subsection (b) shall be reviewed every 5 years after the
date on which the waiver is issued.
(2) <<NOTE: Federal Register, publication.>> Review.--In
conducting a review of a general applicability waiver, the head
of a Federal agency shall--
(A) <<NOTE: Notice.>> publish in the Federal
Register a notice that--
(i) describes the justification for a general
applicability waiver; and
(ii) <<NOTE: Public comments. Time period.>>
requests public comments for a period of not less
than 30 days on the continued need for a general
applicability waiver; and
(B) <<NOTE: Determination.>> publish in the Federal
Register a determination on whether to continue or
discontinue the general applicability waiver, taking
into account the comments received in response to the
notice published under subparagraph (A).
(3) Limitation on the review of existing waivers of general
applicability.--For a period <<NOTE: Time period. Effective
date.>> of 5 years beginning on the date of enactment of this
Act, paragraphs (1) and (2) shall not apply to any product-
specific general applicability waiver that was issued more than
180 days before the date of enactment of this Act.
(e) <<NOTE: Applicability.>> Consistency With International
Agreements.--This section shall be applied in a manner consistent with
United States obligations under international agreements.
SEC. 70915. OMB GUIDANCE AND STANDARDS.
(a) Guidance.--The Director of the Office of Management and Budget
shall--
(1) issue guidance to the head of each Federal agency--
(A) to assist in identifying deficient programs
under section 70913(c); and
(B) to assist in applying new domestic content
procurement preferences under section 70914; and
(2) if necessary, amend subtitle A of title 2, Code of
Federal Regulations (or successor regulations), to ensure that
domestic content procurement preference requirements required by
this
[[Page 135 STAT. 1300]]
part or other Federal law are imposed through the terms and
conditions of awards of Federal financial assistance.
(b) Standards for Construction Materials.--
(1) <<NOTE: Standards.>> In general.--Not later than 180
days after the date of enactment of this Act, the Director of
the Office of Management and Budget shall issue standards that
define the term ``all manufacturing processes'' in the case of
construction materials.
(2) Considerations.--In issuing standards under paragraph
(1), the Director shall--
(A) ensure that the standards require that each
manufacturing process required for the manufacture of
the construction material and the inputs of the
construction material occurs in the United States; and
(B) take into consideration and seek to maximize the
direct and indirect jobs benefited or created in the
production of the construction material.
SEC. 70916. TECHNICAL ASSISTANCE PARTNERSHIP AND CONSULTATION
SUPPORTING DEPARTMENT OF
TRANSPORTATION BUY AMERICA
REQUIREMENTS.
(a) Definitions.--In this section:
(1) Buy america law.--The term ``Buy America law'' means--
(A) section 313 of title 23, United States Code;
(B) section 5323(j) of title 49, United States Code;
(C) section 22905(a) of title 49, United States
Code;
(D) section 50101 of title 49, United States Code;
and
(E) any other domestic content procurement
preference for an infrastructure project under the
jurisdiction of the Secretary.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
(b) <<NOTE: Deadline.>> Technical Assistance Partnership.--Not
later than 90 days after the date of the enactment of this Act, the
Secretary shall enter into a technical assistance partnership with the
Secretary of Commerce, acting through the Director of the National
Institute of Standards and Technology--
(1) to ensure the development of a domestic supply base to
support intermodal transportation in the United States, such as
intercity high speed rail transportation, public transportation
systems, highway construction or reconstruction, airport
improvement projects, and other infrastructure projects under
the jurisdiction of the Secretary;
(2) to ensure compliance with Buy America laws that apply to
a project that receives assistance from the Federal Highway
Administration, the Federal Transit Administration, the Federal
Railroad Administration, the Federal Aviation Administration, or
another office or modal administration of the Secretary of
Transportation;
(3) to encourage technologies developed with the support of
and resources from the Secretary to be transitioned into
commercial market and applications; and
(4) <<NOTE: Procedures. Consultation.>> to establish
procedures for consultation under subsection (c).
(c) Consultation.--Before granting a written waiver under a Buy
America law, the Secretary shall consult with the Director
[[Page 135 STAT. 1301]]
of the Hollings Manufacturing Extension Partnership regarding whether
there is a domestic entity that could provide the iron, steel,
manufactured product, or construction material that is the subject of
the proposed waiver.
(d) Annual Report.--Not later than 1 year after the date of
enactment of this Act, and annually thereafter, the Secretary shall
submit to the Committee on Commerce, Science, and Transportation, the
Committee on Banking, Housing, and Urban Affairs, the Committee on
Environment and Public Works, and the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on Transportation
and Infrastructure and the Committee on Oversight and Reform of the
House of Representatives a report that includes--
(1) a detailed description of the consultation procedures
developed under subsection (b)(4);
(2) a detailed description of each waiver requested under a
Buy America law in the preceding year that was subject to
consultation under subsection (c), and the results of the
consultation;
(3) a detailed description of each waiver granted under a
Buy America law in the preceding year, including the type of
waiver and the reasoning for granting the waiver; and
(4) <<NOTE: Update. Recommenda- tions.>> an update on
challenges and gaps in the domestic supply base identified in
carrying out subsection (b)(1), including a list of actions and
policy changes the Secretary recommends be taken to address
those challenges and gaps.
SEC. 70917. APPLICATION.
(a) In General.--This part shall apply to a Federal financial
assistance program for infrastructure only to the extent that a domestic
content procurement preference as described in section 70914 does not
already apply to iron, steel, manufactured products, and construction
materials.
(b) Savings Provision.--Nothing in this part affects a domestic
content procurement preference for a Federal financial assistance
program for infrastructure that is in effect and that meets the
requirements of section 70914.
(c) Limitation With Respect to Aggregates.--In this part--
(1) <<NOTE: Definition.>> the term ``construction
materials'' shall not include cement and cementitious materials,
aggregates such as stone, sand, or gravel, or aggregate binding
agents or additives; and
(2) the standards developed under section 70915(b)(1) shall
not include cement and cementitious materials, aggregates such
as stone, sand, or gravel, or aggregate binding agents or
additives as inputs of the construction material.
PART II--MAKE IT IN AMERICA
SEC. 70921. REGULATIONS RELATING TO BUY AMERICAN ACT.
(a) <<NOTE: Deadline. Consultation.>> In General.--Not later than 1
year after the date of the enactment of this Act, the Director of the
Office of Management and Budget (``Director''), acting through the
Administrator for Federal Procurement Policy and, in consultation with
the Federal Acquisition Regulatory Council, shall promulgate final
regulations or other policy or management guidance, as appropriate, to
standardize and simplify how Federal agencies comply with, report on,
[[Page 135 STAT. 1302]]
and enforce the Buy American Act. The regulations or other policy or
management guidance shall include, at a minimum, the following:
(1) <<NOTE: Determination.>> Guidelines for Federal
agencies to determine, for the purposes of applying sections
8302(a) and 8303(b)(3) of title 41, United States Code, the
circumstances under which the acquisition of articles,
materials, or supplies mined, produced, or manufactured in the
United States is inconsistent with the public interest.
(2) <<NOTE: Determination.>> Guidelines to ensure Federal
agencies base determinations of non-availability on appropriate
considerations, including anticipated project delays and lack of
substitutable articles, materials, and supplies mined, produced,
or manufactured in the United States, when making determinations
of non-availability under section 8302(a)(1) of title 41, United
States Code.
(3)(A) <<NOTE: Procedures. Public information. Web
posting. Time periods. Waiver.>> Uniform procedures for each
Federal agency to make publicly available, in an easily
identifiable location on the website of the agency, and within
the following time periods, the following information:
(i) A written description of the circumstances in
which the head of the agency may waive the requirements
of the Buy American Act.
(ii) Each waiver made by the head of the agency
within 30 days after making such waiver, including a
justification with sufficient detail to explain the
basis for the waiver.
(B) <<NOTE: Consultation.>> The procedures established
under this paragraph shall ensure that the head of an agency, in
consultation with the head of the Made in America Office
established under section 70923(a), may limit the publication of
classified information, trade secrets, or other information that
could damage the United States.
(4) Guidelines for Federal agencies to ensure that a project
is not disaggregated for purposes of avoiding the applicability
of the requirements under the Buy American Act.
(5) An increase to the price preferences for domestic end
products and domestic construction materials.
(6) Amending the definitions of ``domestic end product'' and
``domestic construction material'' to ensure that iron and steel
products are, to the greatest extent possible, made with
domestic components.
(b) Guidelines Relating to Waivers.--
(1) Inconsistency with public interest.--
(A) <<NOTE: Contracts.>> In general.--With respect
to the guidelines developed under subsection (a)(1), the
Administrator shall seek to minimize waivers related to
contract awards that--
(i) result in a decrease in employment in the
United States, including employment among entities
that manufacture the articles, materials, or
supplies; or
(ii) result in awarding a contract that would
decrease domestic employment.
(B) Covered employment.--For purposes of
subparagraph (A), employment refers to positions
directly involved in the manufacture of articles,
materials, or supplies, and does not include positions
related to management, research and development, or
engineering and design.
[[Page 135 STAT. 1303]]
(2) Assessment on use of dumped or subsidized foreign
products.--
(A) In general.--To the extent otherwise permitted
by law, before granting a waiver in the public interest
to the guidelines developed under subsection (a)(1) with
respect to a product sourced from a foreign country, a
Federal agency shall assess whether a significant
portion of the cost advantage of the product is the
result of the use of dumped steel, iron, or manufactured
goods or the use of injuriously subsidized steel, iron,
or manufactured goods.
(B) Consultation.--The Federal agency conducting the
assessment under subparagraph (A) shall consult with the
International Trade Administration in making the
assessment if the agency considers such consultation to
be helpful.
(C) Use of findings.--The Federal agency conducting
the assessment under subparagraph (A) shall integrate
any findings from the assessment into its waiver
determination.
(c) Sense of Congress on Increasing Domestic Content Requirements.--
It is the sense of Congress that the Federal Acquisition Regulatory
Council should amend the Federal Acquisition Regulation to increase the
domestic content requirements for domestic end products and domestic
construction material to 75 percent, or, in the event of no qualifying
offers, 60 percent.
(d) Definition of End Product Manufactured in the United States.--
Not later than 1 year <<NOTE: Deadline.>> after the date of the
enactment of this Act, the Federal Acquisition Regulatory Council shall
amend part 25 of the Federal Acquisition Regulation to provide a
definition for ``end product manufactured in the United States,''
including guidelines to ensure that manufacturing processes involved in
production of the end product occur domestically.
SEC. 70922. AMENDMENTS RELATING TO BUY AMERICAN ACT.
(a) Special Rules Relating to American Materials Required for Public
Use.--Section 8302 of title 41, United States Code, is amended by adding
at the end the following new subsection:
``(c) <<NOTE: Applicability.>> Special Rules.--The following rules
apply in carrying out the provisions of subsection (a):
``(1) Iron and steel manufactured in the united states.--For
purposes of this section, manufactured articles, materials, and
supplies of iron and steel are deemed manufactured in the United
States only if all manufacturing processes involved in the
production of such iron and steel, from the initial melting
stage through the application of coatings, occurs in the United
States.
``(2) Limitation on exception for commercially available
off-the-shelf items.--Notwithstanding any law or regulation to
the contrary, including section 1907 of this title and the
Federal Acquisition Regulation, the requirements of this section
apply to all iron and steel articles, materials, and
supplies.''.
(b) Production of Iron and Steel for Purposes of Contracts for
Public Works.--Section 8303 of title 41, United States Code, is
amended--
(1) by redesignating subsection (c) as subsection (d); and
[[Page 135 STAT. 1304]]
(2) by inserting after subsection (b) the following new
subsection:
``(c) Special Rules.--
``(1) Production of iron and steel.--For purposes of this
section, manufactured articles, materials, and supplies of iron
and steel are deemed manufactured in the United States only if
all manufacturing processes involved in the production of such
iron and steel, from the initial melting stage through the
application of coatings, occurs in the United States.
``(2) Limitation on exception for commercially available
off-the-shelf items.--Notwithstanding any
law <<NOTE: Applicability.>> or regulation to the contrary,
including section 1907 of this title and the Federal Acquisition
Regulation, the requirements of this section apply to all iron
and steel articles, materials, and supplies used in contracts
described in subsection (a).''.
(c) Annual Report.--Subsection (b) of section 8302 of title 41,
United States Code, is amended to read as follows:
``(b) Reports.--
``(1) <<NOTE: Time period. Consultation.>> In general.--Not
later than 180 days after the end of the fiscal year during
which the Build America, Buy America Act is enacted, and
annually thereafter for 4 years, the Director of the Office of
Management and Budget, in consultation with the Administrator of
General Services, shall submit to the Committee on Homeland
Security and Governmental Affairs of the Senate and the
Committee on Oversight and Reform of the House of
Representatives a report on the total amount of acquisitions
made by Federal agencies in the relevant fiscal year of
articles, materials, or supplies acquired from entities that
mine, produce, or manufacture the articles, materials, or
supplies outside the United States.
``(2) Exception for intelligence community.--This subsection
does not apply to acquisitions made by an agency, or component
of an agency, that is an element of the intelligence community
as specified in, or designated under, section 3 of the National
Security Act of 1947 (50 U.S.C. 3003).''.
(d) Definition.--Section 8301 of title 41, United States Code, is
amended by adding at the end the following new paragraph:
``(3) Federal agency.--The term `Federal agency' has the
meaning given the term `executive agency' in section 133 of this
title.''.
(e) Conforming Amendments.--Title 41, United States Code, is
amended--
(1) in section 8302(a)--
(A) in paragraph (1)--
(i) by striking ``department or independent
establishment'' and inserting ``Federal agency'';
and
(ii) by striking ``their acquisition to be
inconsistent with the public interest or their
cost to be unreasonable'' and inserting ``their
acquisition to be inconsistent with the public
interest, their cost to be unreasonable, or that
the articles, materials, or supplies of the class
or kind to be used, or the articles, materials, or
supplies from which they are manufactured, are not
mined, produced, or manufactured in the United
States in sufficient and reasonably available
commercial quantities and of a satisfactory
quality''; and
[[Page 135 STAT. 1305]]
(B) in paragraph (2), by amending subparagraph (B)
to read as follows:
``(B) to any articles, materials, or supplies
procured pursuant to a reciprocal defense procurement
memorandum of understanding (as described in section
8304 of this title), or a trade agreement or least
developed country designation described in subpart
25.400 of the Federal Acquisition Regulation; and''; and
(2) in section 8303--
(A) in subsection (b)--
(i) by striking ``department or independent
establishment'' each place it appears and
inserting ``Federal agency'';
(ii) by amending subparagraph (B) of paragraph
(1) to read as follows:
``(B) to any articles, materials, or supplies
procured pursuant to a reciprocal defense procurement
memorandum of understanding (as described in section
8304), or a trade agreement or least developed country
designation described in subpart 25.400 of the Federal
Acquisition Regulation; and''; and
(iii) in paragraph (3)--
(I) in the heading, by striking
``Inconsistent with public interest''
and inserting ``Waiver authority''; and
(II) by striking ``their purchase to
be inconsistent with the public interest
or their cost to be unreasonable'' and
inserting ``their acquisition to be
inconsistent with the public interest,
their cost to be unreasonable, or that
the articles, materials, or supplies of
the class or kind to be used, or the
articles, materials, or supplies from
which they are manufactured, are not
mined, produced, or manufactured in the
United States in sufficient and
reasonably available commercial
quantities and of a satisfactory
quality''; and
(B) in subsection (d), as redesignated by subsection
(b)(1) of this section, by striking ``department,
bureau, agency, or independent establishment'' each
place it appears and inserting ``Federal agency''.
(f) Exclusion From Inflation Adjustment of Acquisition-Related
Dollar Thresholds.--Subparagraph (A) of section 1908(b)(2) of title 41,
United States Code, is amended by striking ``chapter 67'' and inserting
``chapters 67 and 83''.
SEC. 70923. MADE IN AMERICA OFFICE.
(a) <<NOTE: Appointment.>> Establishment.--The Director of the
Office of Management and Budget shall establish within the Office of
Management and Budget an office to be known as the ``Made in America
Office''. The head of the office shall be appointed by the Director of
the Office of Management and Budget (in this section referred to as the
``Made in America Director'').
(b) Duties.--The Made in America Director shall have the following
duties:
(1) Maximize and enforce compliance with domestic preference
statutes.
[[Page 135 STAT. 1306]]
(2) Develop and implement procedures to review waiver
requests or inapplicability requests related to domestic
preference statutes.
(3) Prepare the reports required under subsections (c) and
(e).
(4) Ensure that Federal contracting personnel, financial
assistance personnel, and non-Federal recipients are regularly
trained on obligations under the Buy American Act and other
agency-specific domestic preference statutes.
(5) Conduct the review of reciprocal defense agreements
required under subsection (d).
(6) Ensure that Federal agencies, Federal financial
assistance recipients, and the Hollings Manufacturing Extension
Partnership partner with each other to promote compliance with
domestic preference statutes.
(7) Support executive branch efforts to develop and sustain
a domestic supply base to meet Federal procurement requirements.
(c) <<NOTE: Time period.>> Office of Management and Budget
Report.--Not later than 1 year after the date of the enactment of this
Act, the Director of the Office of Management and Budget, working
through the Made in America Director, shall report to the relevant
congressional committees on the extent to which, in each of the three
fiscal years prior to the date of enactment of this Act, articles,
materials, or supplies acquired by the Federal Government were mined,
produced, or manufactured outside the United States. Such report shall
include for each Federal agency the following:
(1) <<NOTE: Summary.>> A summary of total procurement funds
expended on articles, materials, and supplies mined, produced,
or manufactured--
(A) inside the United States;
(B) outside the United States; and
(C) outside the United States--
(i) under each category of waiver under the
Buy American Act;
(ii) under each category of exception under
such chapter; and
(iii) for each country that mined, produced,
or manufactured such articles, materials, and
supplies.
(2) For each fiscal year covered by the report--
(A) the dollar value of any articles, materials, or
supplies that were mined, produced, or manufactured
outside the United States, in the aggregate and by
country;
(B) <<NOTE: List. Waivers.>> an itemized list of
all waivers made under the Buy American Act with respect
to articles, materials, or supplies, where available,
and the country where such articles, materials, or
supplies were mined, produced, or manufactured;
(C) if any articles, materials, or supplies were
acquired from entities that mine, produce, or
manufacture such articles, materials, or supplies
outside the United States due to an exception (that is
not the micro-purchase threshold exception described
under section 8302(a)(2)(C) of title 41, United States
Code), the specific exception that was used to purchase
such articles, materials, or supplies; and
[[Page 135 STAT. 1307]]
(D) if any articles, materials, or supplies were
acquired from entities that mine, produce, or
manufacture such articles, materials, or supplies
outside the United States pursuant to a reciprocal
defense procurement memorandum of understanding (as
described in section 8304 of title 41, United States
Code), or a trade agreement or least developed country
designation described in subpart 25.400 of the Federal
Acquisition Regulation, a citation to such memorandum of
understanding, trade agreement, or designation.
(3) A description of the methods used by each Federal agency
to calculate the percentage domestic content of articles,
materials, and supplies mined, produced, or manufactured in the
United States.
(d) <<NOTE: Contracts. Reports. Deadline. Determination.>> Review
of Reciprocal Defense Agreements.--
(1) Review of process.--Not later than 180 days after the
date of the enactment of this Act, the Made in America Director
shall review the Department of Defense's use of reciprocal
defense agreements to determine if domestic entities have equal
and proportional access and report the findings of the review to
the Director of the Office of Management and Budget, the
Secretary of Defense, and the Secretary of State.
(2) Review of reciprocal procurement memoranda of
understanding.--The Made in America
Director <<NOTE: Assessment.>> shall review reciprocal
procurement memoranda of understanding entered into after the
date of the enactment of this Act between the Department of
Defense and its counterparts in foreign governments to assess
whether domestic entities will have equal and proportional
access under the memoranda of understanding and report the
findings of the review to the Director of the Office of
Management and Budget, the Secretary of Defense, and the
Secretary of State.
(e) <<NOTE: Summary.>> Report on Use of Made in America Laws.--The
Made in America Director shall submit to the relevant congressional
committees a summary of each report on the use of Made in America Laws
received by the Made in America Director pursuant to section 11 of
Executive Order 14005, dated January 25, 2021 (relating to ensuring the
future is made in all of America by all of America's workers) not later
than 90 days after the date of the enactment of this Act or receipt of
the reports required under section 11 of such Executive Order, whichever
is later.
(f) Domestic Preference Statute Defined.--In this section, the term
``domestic preference statute'' means any of the following:
(1) the Buy American Act;
(2) a Buy America law (as that term is defined in section
70916(a));
(3) the Berry Amendment;
(4) section 604 of the American Recovery and Reinvestment
Act of 2009 (6 U.S.C. 453b) (commonly referred to as the
``Kissell amendment'');
(5) section 2533b of title 10 (commonly referred to as the
``specialty metals clause'');
(6) laws requiring domestic preference for maritime
transport, including the Merchant Marine Act, 1920 (Public Law
66-261), commonly known as the ``Jones Act''; and
(7) any other law, regulation, rule, or executive order
relating to Federal financial assistance awards or Federal
[[Page 135 STAT. 1308]]
procurement, that requires, or provides a preference for, the
purchase or acquisition of goods, products, or materials
produced in the United States, including iron, steel,
construction material, and manufactured goods offered in the
United States.
SEC. 70924. HOLLINGS MANUFACTURING EXTENSION PARTNERSHIP
ACTIVITIES.
(a) Use of Hollings Manufacturing Extension Partnership to Refer New
Businesses to Contracting Opportunities.--The head of each Federal
agency shall work with the Director of the Hollings Manufacturing
Extension Partnership, as necessary, to ensure businesses participating
in this Partnership are aware of their contracting opportunities.
(b) Automatic Enrollment in GSA Advantage!.--The Administrator of
the General Services Administration and the Secretary of Commerce,
acting through the Under Secretary of Commerce for Standards and
Technology, shall jointly ensure that each business that participates in
the Hollings Manufacturing Extension Partnership is automatically
enrolled in General Services Administration Advantage!.
SEC. 70925. <<NOTE: Applicability.>> UNITED STATES OBLIGATIONS
UNDER INTERNATIONAL AGREEMENTS.
This part, and the amendments made by this part, shall be applied in
a manner consistent with United States obligations under international
agreements.
SEC. 70926. DEFINITIONS.
In this part:
(1) Berry amendment.--The term ``Berry Amendment'' means
section 2533a of title 10, United States Code.
(2) Buy american act.--The term ``Buy American Act'' means
chapter 83 of title 41, United States Code.
(3) Federal agency.--The term ``Federal agency'' has the
meaning given the term ``executive agency'' in section 133 of
title 41, United States Code.
(4) Relevant congressional committees.--The term ``relevant
congressional committees'' means--
(A) the Committee on Homeland Security and
Governmental Affairs, the Committee on Commerce,
Science, and Transportation, the Committee on
Environment and Public Works, the Committee on Banking,
Housing, and Urban Affairs, and the Committee on Armed
Services of the Senate; and
(B) the Committee on Oversight and Reform, the
Committee on Armed Services, and the Committee on
Transportation and Infrastructure of the House of
Representatives.
(5) <<NOTE: Determinations.>> Waiver.--The term ``waiver'',
with respect to the acquisition of an article, material, or
supply for public use, means the inapplicability of chapter 83
of title 41, United States Code, to the acquisition by reason of
any of the following determinations under section 8302(a)(1) or
8303(b) of such title:
(A) A determination by the head of the Federal
agency concerned that the acquisition is inconsistent
with the public interest.
(B) A determination by the head of the Federal
agency concerned that the cost of the acquisition is
unreasonable.
[[Page 135 STAT. 1309]]
(C) A determination by the head of the Federal
agency concerned that the article, material, or supply
is not mined, produced, or manufactured in the United
States in sufficient and reasonably available commercial
quantities of a satisfactory quality.
SEC. 70927. PROSPECTIVE AMENDMENTS TO INTERNAL CROSS-REFERENCES.
(a) Specialty Metals Clause Reference.--Section 70923(f)(5) is
amended by striking ``section 2533b'' and inserting ``section 4863''.
(b) Berry Amendment Reference.--Section 70926(1) is amended by
striking ``section 2533a'' and inserting ``section 4862''.
(c) Effective Date.--The amendments made by this section shall take
effect on January 1, 2022.
Subtitle <<NOTE: BuyAmerican.gov Act of 2021.>> B--BuyAmerican.gov
SEC. 70931. SHORT TITLE.
This subtitle may be cited as the ``BuyAmerican.gov Act of 2021''.
SEC. 70932. DEFINITIONS.
In this subtitle:
(1) Buy american law.--The term ``Buy American law'' means
any law, regulation, Executive order, or rule relating to
Federal contracts, grants, or financial assistance that requires
or provides a preference for the purchase or use of goods,
products, or materials mined, produced, or manufactured in the
United States, including--
(A) chapter 83 of title 41, United States Code
(commonly referred to as the ``Buy American Act'');
(B) section 5323(j) of title 49, United States Code;
(C) section 313 of title 23, United States Code;
(D) section 50101 of title 49, United States Code;
(E) section 24405 of title 49, United States Code;
(F) section 608 of the Federal Water Pollution
Control Act (33 U.S.C. 1388);
(G) section 1452(a)(4) of the Safe Drinking Water
Act (42 U.S.C. 300j-12(a)(4));
(H) section 5035 of the Water Resources Reform and
Development Act of 2014 (33 U.S.C. 3914);
(I) section 2533a of title 10, United States Code
(commonly referred to as the ``Berry Amendment''); and
(J) section 2533b of title 10, United States Code.
(2) Executive agency.--The term ``executive agency'' has the
meaning given the term ``agency'' in paragraph (1) of section
3502 of title 44, United States Code, except that it does not
include an independent regulatory agency, as that term is
defined in paragraph (5) of such section.
(3) Buy american waiver.--The term ``Buy American waiver''
refers to an exception to or waiver of any Buy American law, or
the terms and conditions used by an agency in granting an
exception to or waiver from Buy American laws.
SEC. 70933. SENSE OF CONGRESS ON BUYING AMERICAN.
It is the sense of Congress that--
[[Page 135 STAT. 1310]]
(1) every executive agency should maximize, through terms
and conditions of Federal financial assistance awards and
Federal procurements, the use of goods, products, and materials
produced in the United States and contracts for outsourced
government service contracts to be performed by United States
nationals;
(2) every executive agency should scrupulously monitor,
enforce, and comply with Buy American laws, to the extent they
apply, and minimize the use of waivers; and
(3) every executive agency should use available data to
routinely audit its compliance with Buy American laws.
SEC. 70934. <<NOTE: Public information.>> ASSESSMENT OF IMPACT OF
FREE TRADE AGREEMENTS.
Not later than 150 days after the date of the enactment of this Act,
the Secretary of Commerce, the United States Trade Representative, and
the Director of the Office of Management and Budget shall assess the
impacts in a publicly available report of all United States free trade
agreements, the World Trade Organization Agreement on Government
Procurement, and Federal permitting processes on the operation of Buy
American laws, including their impacts on the implementation of domestic
procurement preferences.
SEC. 70935. JUDICIOUS USE OF WAIVERS.
(a) In General.--To the extent permitted by law, a Buy American
waiver that is determined by an agency head or other relevant official
to be in the public interest shall be construed to ensure the maximum
utilization of goods, products, and materials produced in the United
States.
(b) Public Interest Waiver Determinations.--To the extent permitted
by law, determination of public interest waivers shall be made by the
head of the agency with the authority over the Federal financial
assistance award or Federal procurement under consideration.
SEC. 70936. ESTABLISHMENT OF BUYAMERICAN.GOV WEBSITE.
(a) <<NOTE: Deadline.>> In General.--Not later than one year after
the date of the enactment of this Act, the Administrator of General
Services shall establish an Internet website with the address
BuyAmerican.gov that will be publicly available and free to access. The
website shall include information on all waivers of and exceptions to
Buy American laws since the date of the enactment of this Act that have
been requested, are under consideration, or have been granted by
executive agencies and be designed to enable manufacturers and other
interested parties to easily identify waivers. The
website <<NOTE: Determination. Data.>> shall also include the results
of routine audits to determine data errors and Buy American law
violations after the award of a contract. The website <<NOTE: Public
information.>> shall provide publicly available contact information for
the relevant contracting agencies.
(b) Utilization of Existing Website.--The requirements of subsection
(a) may be met by utilizing an existing website, provided that the
address of that website is BuyAmerican.gov.
SEC. 70937. WAIVER TRANSPARENCY AND STREAMLINING FOR CONTRACTS.
(a) <<NOTE: Consultation.>> Collection of Information.--The
Administrator of General Services, in consultation with the heads of
relevant agencies, shall develop a mechanism to collect information on
requests to
[[Page 135 STAT. 1311]]
invoke a Buy American waiver for a Federal contract, utilizing existing
reporting requirements whenever possible, for purposes of providing
early notice of possible waivers via the website established under
section 70936.
(b) Waiver Transparency and Streamlining.--
(1) <<NOTE: Public comment. Time period.>> Requirement.--
Prior to granting a request to waive a Buy American law, the
head of an executive agency shall submit a request to invoke a
Buy American waiver to the Administrator of General Services,
and the Administrator of General Services shall make the request
available on or through the public website established under
section 70936 for public comment for not less than 15 days.
(2) Exception.--The requirement under paragraph (1) does not
apply to a request for a Buy American waiver to satisfy an
urgent contracting need in an unforeseen and exigent
circumstance.
(c) Information Available to the Executive Agency Concerning the
Request.--
(1) Requirement.--No Buy American waiver for purposes of
awarding a contract may be granted if, in contravention of
subsection (b)--
(A) information about the waiver was not made
available on the website under section 70936; or
(B) no opportunity for public comment concerning the
request was granted.
(2) Scope.--Information made available to the public
concerning the request included on the website described in
section 70936 shall properly and adequately document and justify
the statutory basis cited for the requested waiver. Such
information shall include--
(A) a detailed justification for the use of goods,
products, or materials mined, produced, or manufactured
outside the United States;
(B) for requests citing unreasonable cost as the
statutory basis of the waiver, a comparison of the cost
of the domestic product to the cost of the foreign
product or a comparison of the overall cost of the
project with domestic products to the overall cost of
the project with foreign-origin products or services,
pursuant to the requirements of the applicable Buy
American law, except that publicly available cost
comparison data may be provided in lieu of proprietary
pricing information;
(C) for requests citing the public interest as the
statutory basis for the waiver, a detailed written
statement, which shall include all appropriate factors,
such as potential obligations under international
agreements, justifying why the requested waiver is in
the public interest; and
(D) <<NOTE: Certification.>> a certification that
the procurement official or assistance recipient made a
good faith effort to solicit bids for domestic products
supported by terms included in requests for proposals,
contracts, and nonproprietary communications with the
prime contractor.
(d) Nonavailability Waivers.--
(1) In general.--Except as provided under paragraph (2), for
a request citing nonavailability as the statutory basis for a
Buy American waiver, an executive agency shall provide an
explanation of the procurement official's efforts to procure
[[Page 135 STAT. 1312]]
a product from a domestic source and the reasons why a domestic
product was not available from a domestic source. Those
explanations <<NOTE: Public comments. Determination.>> shall be
made available on BuyAmerican.gov prior to the issuance of the
waiver, and the agency shall consider public comments regarding
the availability of the product before making a final
determination.
(2) Exception.--An explanation under paragraph (1) is not
required for a product the nonavailability of which is
established by law or regulation.
SEC. 70938. <<NOTE: Recommenda- tions.>> COMPTROLLER GENERAL
REPORT.
Not later than two years after the date of the enactment of this
Act, the Comptroller General of the United States shall submit to
Congress a report describing the implementation of this subtitle,
including recommendations for any legislation to improve the collection
and reporting of information regarding waivers of and exceptions to Buy
American laws.
SEC. 70939. RULES OF CONSTRUCTION.
(a) Disclosure Requirements.--Nothing in this subtitle shall be
construed as preempting, superseding, or otherwise affecting the
application of any disclosure requirement or requirements otherwise
provided by law or regulation.
(b) Establishment of Successor Information Systems.--Nothing in this
subtitle shall be construed as preventing or otherwise limiting the
ability of the Administrator of General Services to move the data
required to be included on the website established under subsection (a)
to a successor information system. Any such information system shall
include a reference to BuyAmerican.gov.
SEC. 70940. <<NOTE: Applicability.>> CONSISTENCY WITH
INTERNATIONAL AGREEMENTS.
This subtitle shall be applied in a manner consistent with United
States obligations under international agreements.
SEC. 70941. PROSPECTIVE AMENDMENTS TO INTERNAL CROSS-REFERENCES.
(a) In General.--Section 70932(1) is amended--
(1) in subparagraph (I), by striking ``section 2533a'' and
inserting ``section 4862''; and
(2) in subparagraph (J), by striking ``section 2533b'' and
inserting ``section 4863''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on January 1, 2022.
Subtitle <<NOTE: Make PPE in America Act.>> C--Make PPE in America
SEC. 70951. SHORT TITLE.
This subtitle may be cited as the ``Make PPE in America Act''.
SEC. 70952. FINDINGS.
Congress makes the following findings:
(1) The COVID-19 pandemic has exposed the vulnerability of
the United States supply chains for, and lack of domestic
production of, personal protective equipment (PPE).
[[Page 135 STAT. 1313]]
(2) The United States requires a robust, secure, and wholly
domestic PPE supply chain to safeguard public health and
national security.
(3) Issuing a strategy that provides the government's
anticipated needs over the next three years will enable
suppliers to assess what changes, if any, are needed in their
manufacturing capacity to meet expected demands.
(4) In order to foster a domestic PPE supply chain, United
States industry needs a strong and consistent demand signal from
the Federal Government providing the necessary certainty to
expand production capacity investment in the United States.
(5) In order to effectively incentivize investment in the
United States and the re-shoring of manufacturing, long-term
contracts must be no shorter than three years in duration.
(6) To accomplish this aim, the United States should seek to
ensure compliance with its international obligations, such as
its commitments under the World Trade Organization's Agreement
on Government Procurement and its free trade agreements,
including by invoking any relevant exceptions to those
agreements, especially those related to national security and
public health.
(7) The United States needs a long-term investment strategy
for the domestic production of PPE items critical to the United
States national response to a public health crisis, including
the COVID-19 pandemic.
SEC. 70953. REQUIREMENT OF LONG-TERM CONTRACTS FOR DOMESTICALLY
MANUFACTURED PERSONAL PROTECTIVE
EQUIPMENT.
(a) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Homeland Security and
Governmental Affairs, the Committee on Health,
Education, Labor, and Pensions, the Committee on
Finance, and the Committee on Veterans' Affairs of the
Senate; and
(B) the Committee on Homeland Security, the
Committee on Oversight and Reform, the Committee on
Energy and Commerce, the Committee on Ways and Means,
and the Committee on Veterans' Affairs of the House of
Representatives.
(2) Covered secretary.--The term ``covered Secretary'' means
the Secretary of Homeland Security, the Secretary of Health and
Human Services, and the Secretary of Veterans Affairs.
(3) Personal protective equipment.--The term ``personal
protective equipment'' means surgical masks, respirator masks
and powered air purifying respirators and required filters, face
shields and protective eyewear, gloves, disposable and reusable
surgical and isolation gowns, head and foot coverings, and other
gear or clothing used to protect an individual from the
transmission of disease.
(4) United states.--The term ``United States'' means the 50
States, the District of Columbia, and the possessions of the
United States.
(b) Contract Requirements for Domestic Production.--Beginning 90
days <<NOTE: Effective date.>> after the date of the enactment of this
Act,
[[Page 135 STAT. 1314]]
in order to ensure the sustainment and expansion of personal protective
equipment manufacturing in the United States and meet the needs of the
current pandemic response, any contract for the procurement of personal
protective equipment entered into by a covered Secretary, or a covered
Secretary's designee, shall--
(1) <<NOTE: Time period.>> be issued for a duration of at
least 2 years, plus all option periods necessary, to incentivize
investment in the production of personal protective equipment
and the materials and components thereof in the United States;
and
(2) be for personal protective equipment, including the
materials and components thereof, that is grown, reprocessed,
reused, or produced in the United States.
(c) Alternatives to Domestic Production.--The requirement under
subsection (b) shall not apply to an item of personal protective
equipment, or component or material thereof if, after maximizing to the
extent feasible sources consistent with subsection (b), the covered
Secretary--
(1) maximizes sources for personal protective equipment that
is assembled outside the United States containing only materials
and components that are grown, reprocessed, reused, or produced
in the United States; and
(2) <<NOTE: Certification. Time period.>> certifies every
120 days that it is necessary to procure personal protective
equipment under alternative procedures to respond to the
immediate needs of a public health emergency.
(d) Availability Exception.--
(1) In general.--Subsections (b) and (c) shall not apply to
an item of personal protective equipment, or component or
material thereof--
(A) that is, or that includes, a material listed in
section 25.104 of the Federal Acquisition Regulation as
one for which a non-availability determination has been
made; or
(B) <<NOTE: Determination.>> as to which the
covered Secretary determines that a sufficient quantity
of a satisfactory quality that is grown, reprocessed,
reused, or produced in the United States cannot be
procured as, and when, needed at United States market
prices.
(2) <<NOTE: Time period.>> Certification requirement.--The
covered Secretary shall certify every 120 days that the
exception under paragraph (1) is necessary to meet the immediate
needs of a public health emergency.
(e) Report.--
(1) <<NOTE: Consultation.>> In general.--Not later than 180
days after the date of the enactment of this Act, the Director
of the Office of Management and Budget, in consultation with the
covered Secretaries, shall submit to the chairs and ranking
members of the appropriate congressional committees a report on
the procurement of personal protective equipment.
(2) Elements.--The report required under paragraph (1) shall
include the following elements:
(A) <<NOTE: Strategy.>> The United States long-term
domestic procurement strategy for PPE produced in the
United States, including strategies to incentivize
investment in and maintain United States supply chains
for all PPE sufficient to meet the needs of the United
States during a public health emergency.
(B) <<NOTE: Estimate.>> An estimate of long-term
demand quantities for all PPE items procured by the
United States.
[[Page 135 STAT. 1315]]
(C) <<NOTE: Recommenda- tions.>> Recommendations
for congressional action required to implement the
United States Government's procurement strategy.
(D) <<NOTE: Determination.>> A determination
whether all notifications, amendments, and other
necessary actions have been completed to bring the
United States existing international obligations into
conformity with the statutory requirements of this
subtitle.
(f) Authorization of Transfer of Equipment.--
(1) In general.--A covered Secretary may transfer to the
Strategic National Stockpile established under section 319F-2 of
the Public Health Service Act (42 U.S.C. 247d-6b) any excess
personal protective equipment acquired under a contract executed
pursuant to subsection (b).
(2) Transfer of equipment during a public health
emergency.--
(A) Amendment.--Title V of the Homeland Security Act
of 2002 (6 U.S.C. 311 et seq.) is amended by adding at
the end the following:
``SEC. 529. <<NOTE: 6 USC 321r.>> TRANSFER OF EQUIPMENT DURING A
PUBLIC HEALTH EMERGENCY.
``(a) <<NOTE: Reimbursement.>> Authorization of Transfer of
Equipment.--During a public health emergency declared by the Secretary
of Health and Human Services under section 319(a) of the Public Health
Service Act (42 U.S.C. 247d(a)), the Secretary, at the request of the
Secretary of Health and Human Services, may transfer to the Department
of Health and Human Services, on a reimbursable basis, excess personal
protective equipment or medically necessary equipment in the possession
of the Department.
``(b) Determination by Secretaries.--
``(1) In general.--In carrying out this section--
``(A) before requesting a transfer under subsection
(a), the Secretary of Health and Human Services shall
determine whether the personal protective equipment or
medically necessary equipment is otherwise available;
and
``(B) <<NOTE: Consultation.>> before initiating a
transfer under subsection (a), the Secretary, in
consultation with the heads of each component within the
Department, shall--
``(i) determine whether the personal
protective equipment or medically necessary
equipment requested to be transferred under
subsection (a) is excess equipment; and
``(ii) <<NOTE: Certification.>> certify that
the transfer of the personal protective equipment
or medically necessary equipment will not
adversely impact the health or safety of officers,
employees, or contractors of the Department.
``(2) Notification.--The Secretary of Health and Human
Services and the Secretary shall each submit to Congress a
notification explaining the determination made under
subparagraphs (A) and (B), respectively, of paragraph (1).
``(3) Required inventory.--
``(A) In general.--The Secretary shall--
``(i) acting through the Chief Medical Officer
of the Department, maintain an inventory of all
personal protective equipment and medically
necessary equipment in the possession of the
Department; and
[[Page 135 STAT. 1316]]
``(ii) make the inventory required under
clause (i) available, on a continual basis, to--
``(I) the Secretary of Health and
Human Services; and
``(II) the Committee on
Appropriations and the Committee on
Homeland Security and Governmental
Affairs of the Senate and the Committee
on Appropriations and the Committee on
Homeland Security of the House of
Representatives.
``(B) <<NOTE: Classified information.>> Form.--Each
inventory required to be made available under
subparagraph (A) shall be submitted in unclassified
form, but may include a classified annex.''.
(B) Table of contents amendment.--The table of
contents in section 1(b) of the Homeland Security Act of
2002 (Public Law 107-296; 116 Stat. 2135) is amended by
inserting after the item relating to section 528 the
following:
``Sec. 529. Transfer of equipment during a public health emergency.''.
(3) Strategic national stockpile.--Section 319F-2(a) of the
Public Health Service Act (42 U.S.C. 247d-6b(a)) is amended by
adding at the end the following:
``(6) <<NOTE: Coordination.>> Transfers of items.--The
Secretary, in coordination with the Secretary of Homeland
Security, may sell drugs, vaccines and other biological
products, medical devices, or other supplies maintained in the
stockpile under paragraph (1) to a Federal agency or private,
nonprofit, State, local, tribal, or territorial entity for
immediate use and distribution, provided that any such items
being sold are--
``(A) <<NOTE: Deadline.>> within 1 year of their
expiration date; or
``(B) <<NOTE: Determination.>> determined by the
Secretary to no longer be needed in the stockpile due to
advances in medical or technical capabilities.''.
(g) <<NOTE: President.>> Compliance With International
Agreements.--The President or the President's designee shall take all
necessary steps, including invoking the rights of the United States
under Article III of the World Trade Organization's Agreement on
Government Procurement and the relevant exceptions of other relevant
agreements to which the United States is a party, to ensure that the
international obligations of the United States are consistent with the
provisions of this subtitle.
TITLE X--ASSET CONCESSIONS
SEC. 71001. ASSET CONCESSIONS.
(a) Establishment of Program.--
(1) In general.--Chapter 6 of title 23, United States Code,
is amended by adding at the end the following:
``Sec. 611. <<NOTE: 23 USC 611.>> Asset concessions and
innovative finance assistance
``(a) Definitions.--In this section:
``(1) Approved infrastructure asset.--The term `approved
infrastructure asset' means--
``(A) a project (as defined in section 601(a)); and
``(B) a group of projects (as defined in section
601(a)) considered together in a single asset concession
or long-term lease to a concessionaire by 1 or more
eligible entities.
[[Page 135 STAT. 1317]]
``(2) Asset concession.--The term `asset concession' means a
contract between an eligible entity and a concessionaire--
``(A) under which--
``(i) the eligible entity agrees to enter into
a concession agreement or long-term lease with the
concessionaire relating to an approved
infrastructure asset owned, controlled, or
maintained by the eligible entity;
``(ii) as consideration for the agreement or
lease described in clause (i), the concessionaire
agrees--
``(I) to provide to the eligible
entity 1 or more asset concession
payments; and
``(II) to maintain or exceed the
condition, performance, and service
level of the approved infrastructure
asset, as compared to that condition,
performance, and service level on the
date of execution of the agreement or
lease; and
``(iii) the eligible entity and the
concessionaire agree that the costs for a fiscal
year of the agreement or lease, and any project
carried out under the agreement or lease, shall
not be shifted to any taxpayer the annual
household income of whom is less than $400,000 per
year, including through taxes, user fees, tolls,
or any other measure, for use of an approved
infrastructure asset; and
``(B) the terms of which do not include any
noncompete or exclusivity restriction (or any other,
similar restriction) on the approval of another project.
``(3) Asset concession payment.--The term `asset concession
payment' means a payment that--
``(A) is made by a concessionaire to an eligible
entity for fair market value that is determined as part
of the asset concession; and
``(B) may be--
``(i) a payment made at the financial close of
an asset concession; or
``(ii) a series of payments scheduled to be
made for--
``(I) a fixed period; or
``(II) the term of an asset
concession.
``(4) Concessionaire.--The term `concessionaire' means a
private individual or a private or publicly chartered
corporation or entity that enters into an asset concession with
an eligible entity.
``(5) Eligible entity.--
``(A) In general.--The term `eligible entity' means
an entity described in subparagraph (B) that--
``(i) owns, controls, or maintains an approved
infrastructure asset; and
``(ii) has the legal authority to enter into a
contract to transfer ownership, maintenance,
operations, revenues, or other benefits and
responsibilities for an approved infrastructure
asset.
``(B) Entities described.--An entity referred to in
subparagraph (A) is any of the following:
``(i) A State.
``(ii) A Tribal government.
``(iii) A unit of local government.
[[Page 135 STAT. 1318]]
``(iv) An agency or instrumentality of a
State, Tribal government, or unit of local
government.
``(v) A special purpose district or public
authority.
``(b) <<NOTE: Grants. Evaluation.>> Establishment.--The Secretary
shall establish a program to facilitate access to expert services for,
and to provide grants to, eligible entities to enhance the technical
capacity of eligible entities to facilitate and evaluate public-private
partnerships in which the private sector partner could assume a greater
role in project planning, development, financing, construction,
maintenance, and operation, including by assisting eligible entities in
entering into asset concessions.
``(c) Applications.--To be eligible to receive a grant under this
section, an eligible entity shall submit to the Secretary an application
at such time, in such manner, and containing such information as the
Secretary may require.
``(d) Eligible Activities.--
``(1) Technical assistance grants.--An eligible entity may
use amounts made available from a grant under this section for
technical assistance to build the organizational capacity of the
eligible entity to develop, review, or enter into an asset
concession, including for--
``(A) identifying appropriate assets or projects for
asset concessions;
``(B) soliciting and negotiating asset concessions,
including hiring staff in public agencies;
``(C) conducting a value-for-money analysis, or a
comparable analysis, to evaluate the comparative
benefits of asset concessions and public debt or other
procurement methods;
``(D) <<NOTE: Evaluation.>> evaluating options for
the structure and use of asset concession payments;
``(E) <<NOTE: Evaluation.>> evaluating and publicly
presenting the risks and benefits of all contract
provisions for the purpose of transparency and
accountability;
``(F) identifying best practices to protect the
public interest and priorities;
``(G) identifying best practices for managing
transportation demand and mobility along a corridor,
including through provisions of the asset concession, to
facilitate transportation demand management strategies
along the corridor that is subject to the asset
concession; and
``(H) <<NOTE: Coordination.>> integrating and
coordinating pricing, data, and fare collection with
other regional operators that exist or may be developed.
``(2) Expert services.--An eligible entity seeking to
leverage public and private funding in connection with the
development of an early-stage approved infrastructure asset,
including in the development of alternative approaches to
project delivery or procurement, may use amounts made available
from a grant under this section to retain the services of an
expert firm to provide to the eligible entity direct project
level assistance, which services may include--
``(A) project planning, feasibility studies, revenue
forecasting, economic assessments and cost-benefit
analyses, public benefit studies, value-for-money
analyses, business case development, lifecycle cost
analyses, risk assessment,
[[Page 135 STAT. 1319]]
financing and funding options analyses, procurement
alternatives analyses, statutory and regulatory
framework analyses and other pre-procurement and pre-
construction activities;
``(B) financial and legal planning (including the
identification of statutory authorization, funding, and
financing options);
``(C) early assessment of permitting, environmental
review, and regulatory processes and costs; and
``(D) assistance with entering into an asset
concession.
``(e) Distribution.--
``(1) Maximum amount.--
``(A) Technical assistance grants.--The maximum
amount of a technical assistance grant under subsection
(d)(1) shall be $2,000,000.
``(B) Expert services.--The maximum amount of the
value of expert services retained by an eligible entity
under subsection (d)(2) shall be $2,000,000.
``(2) Cost sharing.--
``(A) In general.--Except as provided in
subparagraph (B), the Federal share of the cost of an
activity carried out under this section may be up to 100
percent.
``(B) Certain projects.--If the amount of the grant
provided to an eligible entity under this section is
more than $1,000,000, the Federal share of the cost of
an activity carried out using grant amounts in excess of
$1,000,000 shall be 50 percent.
``(3) <<NOTE: Time period.>> Statewide maximum.--The
aggregate amount made available under this section to eligible
entities within a State shall not exceed, on a cumulative basis
for all eligible entities within the State during any 3-year
period, $4,000,000.
``(f) Requirements.--
``(1) In general.--The Secretary shall ensure that, as a
condition of receiving a grant under this section, for any asset
concession for which the grant provides direct assistance--
``(A) the asset concession shall not prohibit,
discourage, or make it more difficult for an eligible
entity to construct new infrastructure, to provide or
expand transportation services, or to manage associated
infrastructure in publicly beneficial ways, along a
transportation corridor or in the proximity of a
transportation facility that was a part of the asset
concession;
``(B) <<NOTE: Deadline. Public
information. Certification.>> the eligible entity shall
have adopted binding rules to publish all major business
terms of the proposed asset concession not later than
the date that is 30 days before entering into the asset
concession, to enable public review, including a
certification of public interest based on the results of
an assessment under subparagraph (D);
``(C) the asset concession shall not result in
displacement, job loss, or wage reduction for the
existing workforce of the eligible entity or other
public entities;
``(D) <<NOTE: Analysis. Assessment. Determination.>>
the eligible entity or the concessionaire shall carry
out a value-for-money analysis, or similar assessment,
to compare the aggregate costs and benefits to the
eligible entity of the asset concession against
alternative options to determine whether the asset
concession generates additional public benefits and
serves the public interest;
[[Page 135 STAT. 1320]]
``(E) the full amount of any asset concession
payment received by the eligible entity under the asset
concession, less any amount paid for transaction costs
relating to the asset concession, shall be used to pay
infrastructure costs of the eligible entity; and
``(F) the terms of the asset concession shall not
result in any increase in costs under the asset
concession being shifted to taxpayers the annual
household income of whom is less than $400,000 per year,
including through taxes, user fees, tolls, or any other
measure, for use of an approved infrastructure asset.
``(2) <<NOTE: Deadline.>> Audit.--Not later than 3 years
after the date on which an eligible entity enters into an asset
concession as a result of a grant under this section--
``(A) <<NOTE: Evaluation.>> the eligible entity
shall hire an independent auditor to evaluate the
performance of the concessionaire based on the
requirements described in paragraph (1); and
``(B) <<NOTE: Public information. Reports.>> the
independent auditor shall submit to the eligible entity,
and make publicly available, a report describing the
results of the audit under subparagraph (A).
``(3) Treatment.--Unless otherwise provided under paragraph
(1), the Secretary shall not, as a condition of receiving a
grant under this section, prohibit or otherwise prevent an
eligible entity from entering into, or receiving any asset
concession payment under, an asset concession for an approved
infrastructure asset owned, controlled, or maintained by the
eligible entity.
``(4) Applicability of federal laws.--Nothing in this
section exempts a concessionaire or an eligible entity from a
compliance obligation with respect to any applicable Federal or
State law that would otherwise apply to the concessionaire, the
eligible entity, or an approved infrastructure asset.
``(g) Funding.--
``(1) <<NOTE: Effective date. Time period. Transfer
authority.>> In general.--On October 1, 2021, and on each
October 1 thereafter through October 1, 2025, out of any funds
in the Treasury not otherwise appropriated, the Secretary of the
Treasury shall transfer to the Secretary to carry out this
section $20,000,000, to remain available until expended.
``(2) Receipt and acceptance.--The Secretary shall be
entitled to receive, shall accept, and shall use to carry out
this section the funds transferred under paragraph (1), without
further appropriation.''.
(2) Clerical amendment.--The analysis for chapter 6 of title
23, United States Code, <<NOTE: 23 USC 601 prec.>> is amended
by adding at the end the following:
``611. Asset concessions and innovative finance assistance.''.
(b) Asset Recycling Report.--Not later than August 1, 2024, the
Secretary shall submit to Congress a report that includes--
(1) <<NOTE: Analysis.>> an analysis of any impediments in
applicable laws, regulations, and practices to increased use of
public-private partnerships and private investment in
transportation improvements; and
(2) <<NOTE: Proposals.>> proposals for approaches that
address those impediments while continuing to protect the public
interest and any public investment in transportation
improvements.
[[Page 135 STAT. 1321]]
TITLE XI--CLEAN SCHOOL BUSES AND FERRIES
SEC. 71101. CLEAN SCHOOL BUS PROGRAM.
Section 741 of the Energy Policy Act of 2005 (42 U.S.C. 16091) is
amended to read as follows:
``SEC. 741. CLEAN SCHOOL BUS PROGRAM.
``(a) Definitions.--In this section:
``(1) Administrator.--The term `Administrator' means the
Administrator of the Environmental Protection Agency.
``(2) Alternative fuel.--The term `alternative fuel' means
liquefied natural gas, compressed natural gas, hydrogen,
propane, or biofuels.
``(3) Clean school bus.--The term `clean school bus' means a
school bus that--
``(A) the Administrator certifies reduces emissions
and is operated entirely or in part using an alternative
fuel; or
``(B) is a zero-emission school bus.
``(4) Eligible contractor.--The term `eligible contractor'
means a contractor that is a for-profit, not-for-profit, or
nonprofit entity that has the capacity--
``(A) to sell clean school buses, zero-emission
school buses, charging or fueling infrastructure, or
other equipment needed to charge, fuel, or maintain
clean school buses or zero-emission school buses, to
individuals or entities that own a school bus or a fleet
of school buses; or
``(B) to arrange financing for such a sale.
``(5) Eligible recipient.--
``(A) In general.--Subject to subparagraph (B), the
term `eligible recipient' means--
``(i) 1 or more local or State governmental
entities responsible for--
``(I) providing school bus service
to 1 or more public school systems; or
``(II) the purchase of school buses;
``(ii) an eligible contractor;
``(iii) a nonprofit school transportation
association; or
``(iv) an Indian Tribe (as defined in section
4 of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 5304)), Tribal
organization (as defined in that section), or
tribally controlled school (as defined in section
5212 of the Tribally Controlled Schools Act of
1988 (25 U.S.C. 2511)) that is responsible for--
``(I) providing school bus service
to 1 or more Bureau-funded schools (as
defined in section 1141 of the Education
Amendments of 1978 (25 U.S.C. 2021)); or
``(II) the purchase of school buses.
``(B) Special requirements.--In the case of eligible
recipients identified under clauses (ii) and (iii) of
subparagraph (A), the Administrator shall establish
timely and appropriate requirements for notice and shall
establish
[[Page 135 STAT. 1322]]
timely and appropriate requirements for approval by the
public school systems that would be served by buses
purchased using award funds made available under this
section.
``(6) <<NOTE: Determinations.>> High-need local educational
agency.--The term `high-need local educational agency' means a
local educational agency (as defined in section 8101 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801))
that is among the local educational agencies in the applicable
State with high percentages of children counted under section
1124(c) of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 6333(c)), on the basis of the most recent
satisfactory data available, as determined by the Secretary of
Education (or, for a local educational agency for which no such
data is available, such other data as the Secretary of Education
determines to be satisfactory).
``(7) School bus.--The term `school bus' has the meaning
given the term `schoolbus' in section 30125(a) of title 49,
United States Code.
``(8) Zero-emission school bus.--The term `zero-emission
school bus' means a school bus that is certified by the
Administrator to have a drivetrain that produces, under any
possible operational mode or condition, zero exhaust emission
of--
``(A) any air pollutant that is listed pursuant to
section 108(a) of the Clean Air Act (42 U.S.C. 7408(a))
(or any precursor to such an air pollutant); and
``(B) any greenhouse gas.
``(b) Program for Replacement of Existing School Buses With Clean
School Buses and Zero-emission School Buses.--
``(1) <<NOTE: Grants. Contracts.>> Establishment.--The
Administrator shall establish a program--
``(A) to award grants and rebates on a competitive
basis to eligible recipients for the replacement of
existing school buses with clean school buses;
``(B) to award grants and rebates on a competitive
basis to eligible recipients for the replacement of
existing school buses with zero-emission school buses;
``(C) to award contracts to eligible contractors to
provide rebates for the replacement of existing school
buses with clean school buses; and
``(D) to award contracts to eligible contractors to
provide rebates for the replacement of existing school
buses with zero-emission school buses.
``(2) Allocation of funds.--Of the amounts made available
for awards under paragraph (1) in a fiscal year, the
Administrator shall award--
``(A) 50 percent to replace existing school buses
with zero-emission school buses; and
``(B) 50 percent to replace existing school buses
with clean school buses and zero-emission school buses.
``(3) <<NOTE: Criteria.>> Considerations.--In making awards
under paragraph (2)(B), the Administrator shall take into
account the following criteria and shall not give preference to
any individual criterion:
``(A) Lowest overall cost of bus replacement.
``(B) Local conditions, including the length of bus
routes and weather conditions.
``(C) Technologies that most reduce emissions.
[[Page 135 STAT. 1323]]
``(D) Whether funds will bring new technologies to
scale or promote cost parity between old technology and
new technology.
``(4) Priority of applications.--In making awards under
paragraph (1), the Administrator may prioritize applicants
that--
``(A) propose to replace school buses that serve--
``(i) a high-need local educational agency;
``(ii) a Bureau-funded school (as defined in
section 1141 of the Education Amendments of 1978
(25 U.S.C. 2021)); or
``(iii) a local educational agency that
receives a basic support payment under section
7003(b)(1) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7703(b)(1)) for
children who reside on Indian land;
``(B) serve rural or low-income areas; or
``(C) propose to complement the assistance received
through the award by securing additional sources of
funding for the activities supported through the award,
such as through--
``(i) public-private partnerships;
``(ii) grants from other entities; or
``(iii) issuance of school bonds.
``(5) Use of school bus fleet.--All clean school buses and
zero-emission school buses acquired with funds provided under
this section shall--
``(A) be operated as part of the school bus fleet
for which the award was made for not less than 5 years;
``(B) be maintained, operated, and charged or fueled
according to manufacturer recommendations or State
requirements; and
``(C) not be manufactured or retrofitted with, or
otherwise have installed, a power unit or other
technology that creates air pollution within the school
bus, such as an unvented diesel passenger heater.
``(6) Awards.--
``(A) In general.--In making awards under paragraph
(1), the Administrator may make awards for up to 100
percent of the costs for replacement of existing school
buses with clean school buses, zero-emission school
buses, and charging or fueling infrastructure.
``(B) Structuring awards.--In making an award under
paragraph (1)(A), the Administrator shall decide whether
to award a grant or rebate, or a combination thereof,
based primarily on how best to facilitate replacing
existing school buses with clean school buses or zero-
emission school buses, as applicable.
``(7) Deployment and distribution.--
``(A) In general.--The Administrator shall--
``(i) to the maximum extent practicable,
achieve nationwide deployment of clean school
buses and zero-emission school buses through the
program under this section; and
``(ii) ensure a broad geographic distribution
of awards.
[[Page 135 STAT. 1324]]
``(B) Limitation.--The Administrator shall ensure
that the amount received by all eligible entities in a
State from grants and rebates under this section does
not exceed 10 percent of the amounts made available to
carry out this section during a fiscal year.
``(8) Annual report.--Not later than January 31 of each
year, the Administrator shall submit to Congress a report that
evaluates the implementation of this section and describes--
``(A) the total number of applications received;
``(B) the quantity and amount of grants and rebates
awarded and the location of the recipients of the grants
and rebates;
``(C) the criteria used to select the recipients;
and
``(D) any other information the Administrator
considers appropriate.
``(c) Education and Outreach.--
``(1) <<NOTE: Deadline.>> In general.--Not later than 120
days after the date of enactment of the Infrastructure
Investment and Jobs Act, the Administrator shall develop an
education and outreach program to promote and explain the award
program under this section.
``(2) Coordination with stakeholders.--The education and
outreach program under paragraph (1) shall be designed and
conducted in conjunction with interested stakeholders.
``(3) Components.--The education and outreach program under
paragraph (1) shall--
``(A) inform potential award recipients on the
process of applying for awards and fulfilling the
requirements of awards;
``(B) describe the available technologies and the
benefits of using the technologies;
``(C) explain the benefits and costs incurred by
participating in the award program;
``(D) make available information regarding best
practices, lessons learned, and technical and other
information regarding--
``(i) clean school bus and zero-emission
school bus acquisition and deployment;
``(ii) the build-out of associated
infrastructure and advance planning with the local
electricity supplier;
``(iii) workforce development, training, and
Registered Apprenticeships that meet the
requirements under parts 29 and 30 of title 29,
Code of Federal Regulations (as in effect on
December 1, 2019); and
``(iv) <<NOTE: Determination.>> any other
information that is necessary, as determined by
the Administrator; and
``(E) include, as appropriate, information from the
annual report required under subsection (b)(7).
``(d) Administrative Costs.--The Administrator may use, for the
administrative costs of carrying out this section, not more than 3
percent of the amounts made available to carry out this section for any
fiscal year.
``(e) Regulations.--The Administrator shall have the authority to
issue such regulations or other guidance, forms, instructions, and
publications as may be necessary or appropriate to carry out the
programs, projects, or activities authorized under this section,
including to ensure that such programs, projects, or activities are
[[Page 135 STAT. 1325]]
completed in a timely and effective manner, result in emissions
reductions, and maximize public health benefits.
``(f) <<NOTE: Time period.>> Authorization of Appropriations.--
There is authorized to be appropriated to the Administrator to carry out
this section, to remain available until expended, $1,000,000,000 for
each of fiscal years 2022 through 2026, of which--
``(1) $500,000,000 shall be made available for the adoption
of clean school buses and zero-emission school buses; and
``(2) $500,000,000 shall be made available for the adoption
of zero-emission school buses.''.
SEC. 71102. ELECTRIC OR LOW-EMITTING FERRY PILOT PROGRAM.
(a) Definitions.--In this section:
(1) Alternative fuel.--The term ``alternative fuel'' means--
(A) methanol, denatured ethanol, and other alcohols;
(B) a mixture containing at least 85 percent of
methanol, denatured ethanol, and other alcohols by
volume with gasoline or other fuels;
(C) natural gas;
(D) liquefied petroleum gas;
(E) hydrogen;
(F) fuels (except alcohol) derived from biological
materials;
(G) electricity (including electricity from solar
energy); and
(H) <<NOTE: Regulations.>> any other fuel the
Secretary prescribes by regulation that is not
substantially petroleum and that would yield substantial
energy security and environmental benefits.
(2) Electric or low-emitting ferry.--The term ``electric or
low-emitting ferry'' means a ferry that reduces emissions by
utilizing alternative fuels or onboard energy storage systems
and related charging infrastructure to reduce emissions or
produce zero onboard emissions under normal operation.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
(b) Establishment.--The Secretary shall carry out a pilot program to
provide grants for the purchase of electric or low-emitting ferries and
the electrification of or other reduction of emissions from existing
ferries.
(c) Requirement.--In carrying out the pilot program under this
section, the Secretary shall ensure that--
(1) not less than 1 grant under this section shall be for a
ferry service that serves the State with the largest number of
Marine Highway System miles; and
(2) not less than 1 grant under this section shall be for a
bi-State ferry service--
(A) with an aging fleet; and
(B) whose development of zero and low emission power
source ferries will propose to advance the state of the
technology toward increasing the range and capacity of
zero emission power source ferries.
(d) <<NOTE: Time period.>> Authorization of Appropriations.--There
is authorized to be appropriated to the Secretary to carry out this
section $50,000,000 for each of fiscal years 2022 through 2026.
[[Page 135 STAT. 1326]]
SEC. 71103. <<NOTE: 23 USC 147 note.>> FERRY SERVICE FOR RURAL
COMMUNITIES.
(a) Definitions.--In this section:
(1) Basic essential ferry service.--The term ``basic
essential ferry service'' means scheduled ferry transportation
service.
(2) Eligible service.--The term ``eligible service'' means a
ferry service that--
(A) operated a regular schedule at any time during
the 5-year period ending on March 1, 2020; and
(B) served not less than 2 rural areas located more
than 50 sailing miles apart.
(3) Rural area.--The term ``rural area'' has the meaning
given the term in section 5302 of title 49, United States Code.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
(b) Establishment.--The Secretary shall establish a program to
ensure that basic essential ferry service is provided to rural areas by
providing funds to States to provide such basic essential ferry service.
(c) <<NOTE: Requirements.>> Program Criteria.--The Secretary shall
establish requirements and criteria for participation in the program
under this section, including requirements for the provision of funds to
States.
(d) Waivers.--The Secretary shall establish criteria for the waiver
of any requirement under this section.
(e) Treatment.--
(1) Not attributable to urbanized areas.--An eligible
service that receives funds from a State under this section
shall not be attributed to an urbanized area for purposes of
apportioning funds under chapter 53 of title 49, United States
Code.
(2) No receipt of certain apportioned funds.--An eligible
service that receives funds from a State under this section
shall not receive funds apportioned under section 5336 or 5337
of title 49, United States Code, in the same fiscal year.
(f) <<NOTE: Time period.>> Funding.--There is authorized to be
appropriated to the Secretary to carry out this section $200,000,000 for
each of fiscal years 2022 through 2026.
(g) Operating Costs.--
(1) Section 147 of title 23, United States Code, is amended
by adding at the end the following:
``(k) Additional Uses.--Notwithstanding any other provision of law,
in addition to other uses of funds under this section, an eligible
entity may use amounts made available under this section to pay the
operating costs of the eligible entity.''.
(2) Section 218(c) of title 23, United States Code (as
amended by section 11116 of division A), is amended by inserting
``operation, repair,'' after ``purchase,''.
SEC. 71104. EXPANDING THE FUNDING AUTHORITY FOR RENOVATING,
CONSTRUCTING, AND EXPANDING CERTAIN
FACILITIES.
Section 509 of the Indian Health Care Improvement Act (25 U.S.C.
1659) is amended--
(1) by striking ``minor'' before ``renovations''; and
(2) by striking ``, to assist'' and all that follows through
``standards''.
[[Page 135 STAT. 1327]]
DIVISION H--REVENUE PROVISIONS
TITLE I--HIGHWAY TRUST FUND
SEC. 80101. EXTENSION OF HIGHWAY TRUST FUND EXPENDITURE AUTHORITY.
(a) Highway Trust Fund.--Section 9503 of the Internal Revenue Code
of 1986 <<NOTE: 26 USC 9503.>> is amended--
(1) by striking ``October 1, 2021'' in subsections
(b)(6)(B), (c)(1), and (e)(3) and inserting ``October 1, 2026'',
and
(2) by striking ``Continuing Appropriations Act, 2021 and
Other Extensions Act'' in subsections (c)(1) and (e)(3) and
inserting ``Infrastructure Investment and Jobs Act''.
(b) Sport Fish Restoration and Boating Trust Fund.--Section 9504 of
such Code is amended--
(1) by striking ``Continuing Appropriations Act, 2021 and
Other Extensions Act'' each place it appears in subsection
(b)(2) and inserting ``Infrastructure Investment and Jobs Act'',
and
(2) by striking ``October 1, 2021'' in subsection (d)(2) and
inserting ``October 1, 2026''.
(c) Leaking Underground Storage Tank Trust Fund.--Section 9508(e)(2)
of such Code is amended by striking ``October 1, 2021'' and inserting
``October 1, 2026''.
SEC. 80102. EXTENSION OF HIGHWAY-RELATED TAXES.
(a) In General.--
(1) Each of the following provisions of the Internal Revenue
Code of 1986 is amended by striking ``September 30, 2022'' and
inserting ``September 30, 2028'':
(A) Section 4041(a)(1)(C)(iii)(I).
(B) Section 4041(m)(1)(B).
(C) Section 4081(d)(1).
(2) Each of the following provisions of such Code is amended
by striking ``October 1, 2022'' and inserting ``October 1,
2028'':
(A) Section 4041(m)(1)(A).
(B) Section 4051(c).
(C) Section 4071(d).
(D) Section 4081(d)(3).
(b) Extension of Tax, etc., on Use of Certain Heavy Vehicles.--Each
of the following provisions of the Internal Revenue Code of 1986 is
amended by striking ``2023'' each place it appears and inserting
``2029'':
(1) Section 4481(f).
(2) Subsections (c)(4) and (d) of section 4482.
(c) Floor Stocks Refunds.--Section 6412(a)(1) of the Internal
Revenue Code of 1986 is amended--
(1) by striking ``October 1, 2022'' each place it appears
and inserting ``October 1, 2028'';
(2) by striking ``March 31, 2023'' each place it appears and
inserting ``March 31, 2029''; and
(3) by striking ``January 1, 2023'' and inserting ``January
1, 2029''.
(d) Extension of Certain Exemptions.--
(1) Section 4221(a) of the Internal Revenue Code of 1986 is
amended by striking ``October 1, 2022'' and inserting ``October
1, 2028''.
[[Page 135 STAT. 1328]]
(2) Section 4483(i) of such Code <<NOTE: 26 USC 4483.>> is
amended by striking ``October 1, 2023'' and inserting ``October
1, 2029''.
(e) Extension of Transfers of Certain Taxes.--
(1) In general.--Section 9503 of the Internal Revenue Code
of 1986 is amended--
(A) in subsection (b)--
(i) by striking ``October 1, 2022'' each place
it appears in paragraphs (1) and (2) and inserting
``October 1, 2028'';
(ii) by striking ``October 1, 2022'' in the
heading of paragraph (2) and inserting ``October
1, 2028'';
(iii) by striking ``September 30, 2022'' in
paragraph (2) and inserting ``September 30,
2028''; and
(iv) by striking ``July 1, 2023'' in paragraph
(2) and inserting ``July 1, 2029''; and
(B) in subsection (c)(2), by striking ``July 1,
2023'' and inserting ``July 1, 2029''.
(2) Motorboat and small-engine fuel tax transfers.--
(A) In general.--Paragraphs (3)(A)(i) and (4)(A) of
section 9503(c) of such Code are each amended by
striking ``October 1, 2022'' and inserting ``October 1,
2028''.
(B) Conforming amendments to land and water
conservation fund.--Section 200310 of title 54, United
States Code, is amended--
(i) by striking ``October 1, 2023'' each place
it appears and inserting ``October 1, 2029''; and
(ii) by striking ``October 1, 2022'' and
inserting ``October 1, 2028''.
(f) Effective Date.--The amendments made by this section shall take
effect on October 1, 2021.
SEC. 80103. FURTHER ADDITIONAL TRANSFERS TO TRUST FUND.
Subsection (f) of section 9503 of the Internal Revenue Code of 1986
is amended by redesignating paragraph (11) as paragraph (12) and
inserting after paragraph (10) the following new paragraph:
``(11) Further transfers to trust fund.--Out of money in the
Treasury not otherwise appropriated, there is hereby
appropriated--
``(A) $90,000,000,000 to the Highway Account (as
defined in subsection (e)(5)(B)) in the Highway Trust
Fund; and
``(B) $28,000,000,000 to the Mass Transit Account in
the Highway Trust Fund.''.
TITLE II--CHEMICAL SUPERFUND
SEC. 80201. EXTENSION AND MODIFICATION OF CERTAIN SUPERFUND EXCISE
TAXES.
(a) Extension.--
(1) In general.--Section 4661(c) of the Internal Revenue
Code of 1986 is amended to read as follows:
``(c) Termination.--No tax shall be imposed by this section after
December 31, 2031.''.
(2) Imported substances.--Section 4671(e) of the Internal
Revenue Code of 1986 is amended to read as follows:
[[Page 135 STAT. 1329]]
``(e) Termination.--No tax shall be imposed by this section after
December 31, 2031.''.
(b) Modification of Rates.--
(1) In general.--Section 4661(b) of the Internal Revenue
Code of 1986 <<NOTE: 26 USC 4661.>> is amended to read as
follows:
``(b) Amount of Tax.--The amount of tax imposed by subsection (a)
shall be determined in accordance with the following table:
------------------------------------------------------------------------
The tax is the following
``In the case of: amount per ton:
------------------------------------------------------------------------
Acetylene.................................... $9.74
Benzene...................................... 9.74
Butane....................................... 9.74
Butylene..................................... 9.74
Butadiene.................................... 9.74
Ethylene..................................... 9.74
Methane...................................... 6.88
Napthalene................................... 9.74
Propylene.................................... 9.74
Toluene...................................... 9.74
Xylene....................................... 9.74
Ammonia...................................... 5.28
Antimony..................................... 8.90
Antimony trioxide............................ 7.50
Arsenic...................................... 8.90
Arsenic trioxide............................. 6.82
Barium sulfide............................... 4.60
Bromine...................................... 8.90
Cadmium...................................... 8.90
Chlorine..................................... 5.40
Chromium..................................... 8.90
Chromite..................................... 3.04
Potassium dichromate......................... 3.38
Sodium dichromate............................ 3.74
Cobalt....................................... 8.90
Cupric sulfate............................... 3.74
Cupric oxide................................. 7.18
Cuprous oxide................................ 7.94
Hydrochloric acid............................ 0.58
Hydrogen fluoride............................ 8.46
Lead oxide................................... 8.28
Mercury...................................... 8.90
Nickel....................................... 8.90
Phosphorus................................... 8.90
Stannous chloride............................ 5.70
Stannic chloride............................. 4.24
Zinc chloride................................ 4.44
Zinc sulfate................................. 3.80
Potassium hydroxide.......................... 0.44
Sodium hydroxide............................. 0.56
Sulfuric acid................................ 0.52
Nitric acid.................................. 0.48.''.
------------------------------------------------------------------------
''.
[[Page 135 STAT. 1330]]
(2) Rate on taxable substances where importer does not
furnish information to the secretary.--Section 4671(b)(2) of
such Code <<NOTE: 26 USC 4671.>> is amended by striking ``5
percent'' and inserting ``10 percent''.
(c) Rules Relating to Taxable Substances.--
(1) Modification of determination of taxable substances.--
Section 4672(a)(2)(B) of the Internal Revenue Code of 1986 is
amended by striking ``50 percent'' each place it appears and
inserting ``20 percent''.
(2) <<NOTE: 26 USC 4672 note.>> Presumption as a taxable
substance for prior determinations.--Except as otherwise
determined by the Secretary of the Treasury (or the Secretary's
delegate), any substance which was determined to be a taxable
substance by reason of section 4672(a)(2) of the Internal
Revenue Code of 1986 prior to the date of enactment of this Act
shall continue to be treated as a taxable substance for purposes
of such section after such date.
(3) <<NOTE: 26 USC 4672 note.>> Publication of initial
list.--Not later than January 1, 2022, the Secretary of the
Treasury (or the Secretary's delegate) shall publish an initial
list of taxable substances under section 4672(a) of the Internal
Revenue Code of 1986.
(d) <<NOTE: 26 USC 4661 note.>> Effective Date.--The amendments
made by this section shall take effect on July 1, 2022.
TITLE III--CUSTOMS USER FEES
SEC. 80301. EXTENSION OF CUSTOMS USER FEES.
(a) In General.--Section 13031(j)(3) of the Consolidated Omnibus
Budget Reconciliation Act of 1985 (19 U.S.C. 58c(j)(3)) is amended--
(1) in subparagraph (A), by striking ``September 30, 2030''
and inserting ``September 30, 2031''; and
(2) in subparagraph (B)(i), by striking ``September 30,
2030'' and inserting ``September 30, 2031''.
(b) Rate for Merchandise Processing Fees.--Section 503 of the United
States-Korea Free Trade Agreement Implementation Act (Public Law 112-41;
19 U.S.C. 3805 note) is amended by striking ``September 30, 2030'' and
inserting ``September 30, 2031''.
TITLE IV--BOND PROVISIONS
SEC. 80401. PRIVATE ACTIVITY BONDS FOR QUALIFIED BROADBAND
PROJECTS.
(a) In General.--Section 142(a) of the Internal Revenue Code of
1986 <<NOTE: 26 USC 142.>> is amended by striking ``or'' at the end of
paragraph (14), by striking the period at the end of paragraph (15) and
inserting ``, or'', and by adding at the end the following new
paragraph:
``(16) qualified broadband projects.''.
(b) Qualified Broadband Projects.--Section 142 of such Code is
amended by adding at the end the following new subsection:
``(n) Qualified Broadband Project.--
``(1) In general.--For purposes of subsection (a)(16), the
term `qualified broadband project' means any project which--
``(A) is designed to provide broadband service
solely to 1 or more census block groups in which more
than
[[Page 135 STAT. 1331]]
50 percent of residential households do not have access
to fixed, terrestrial broadband service which delivers
at least 25 megabits per second downstream and at least
3 megabits service upstream, and
``(B) results in internet access to residential
locations, commercial locations, or a combination of
residential and commercial locations at speeds not less
than 100 megabits per second for downloads and 20
megabits for second for uploads, but only if at least 90
percent of the locations provided such access under the
project are locations where, before the project, a
broadband service provider--
``(i) did not provide service, or
``(ii) did not provide service meeting the
minimum speed requirements described in
subparagraph (A).
``(2) Notice to broadband providers.--A project shall not be
treated as a qualified broadband project unless, before the
issue date of any issue the proceeds of which are to be used to
fund the project, the issuer--
``(A) notifies each broadband service provider
providing broadband service in the area within which
broadband services are to be provided under the project
of the project and its intended scope,
``(B) includes in such notice a request for
information from each such provider with respect to the
provider's ability to deploy, manage, and maintain a
broadband network capable of providing gigabit capable
Internet access to residential or commercial locations,
and
``(C) <<NOTE: Time period.>> allows each such
provider at least 90 days to respond to such notice and
request.''.
(c) Partial Exception From Volume Cap.--
(1) In general.--Section 146(g) of the Internal Revenue Code
of 1986 <<NOTE: 26 USC 146.>> is amended by striking ``and'' at
the end of paragraph (3), by striking the period at the end of
paragraph (4) and inserting ``, and'', and by inserting
immediately after paragraph (4) the following new paragraph:
``(5) 75 percent of any exempt facility bond issued as part
of an issue described in paragraph (16) of section 142(a)
(relating to qualified broadband projects).''.
(2) Government-owned projects.--The last sentence of section
146(g) of such Code is amended by striking ``Paragraph (4)'' and
inserting ``Paragraphs (4) and (5)''.
(d) <<NOTE: 26 USC 142 note.>> Effective Date.--The amendments made
by this section shall apply to obligations issued in calendar years
beginning after the date of the enactment of this Act.
SEC. 80402. CARBON DIOXIDE CAPTURE FACILITIES.
(a) In General.--Section 142(a) of the Internal Revenue Code of
1986, as amended by section 80401, is amended by striking ``or'' at the
end of paragraph (15), by striking the period at the end of paragraph
(16) and inserting ``, or'', and by adding at the end the following new
paragraph:
``(17) qualified carbon dioxide capture facilities.''.
(b) Qualified Carbon Dioxide Capture Facilities.--Section 142 of
such Code, as amended by section 80401, is amended by adding at the end
the following new subsection:
``(o) Qualified Carbon Dioxide Capture Facility.--
[[Page 135 STAT. 1332]]
``(1) In general.--For purposes of subsection (a)(17), the
term `qualified carbon dioxide capture facility' means--
``(A) the eligible components of an industrial
carbon dioxide facility, and
``(B) a direct air capture facility (as defined in
section 45Q(e)(1)).
``(2) Definitions.--For purposes of this subsection:
``(A) Eligible component.--
``(i) In general.--The term `eligible
component' means any equipment which is installed
in an industrial carbon dioxide facility that
satisfies the requirements under paragraph (3) and
which is--
``(I) used for the purpose of
capture, treatment and purification,
compression, transportation, or on-site
storage of carbon dioxide produced by
the industrial carbon dioxide facility,
or
``(II) integral or functionally
related and subordinate to a process
which converts a solid or liquid product
from coal, petroleum residue, biomass,
or other materials which are recovered
for their energy or feedstock value into
a synthesis gas composed primarily of
carbon dioxide and hydrogen for direct
use or subsequent chemical or physical
conversion.
``(ii) Definitions.--For purposes of this
subparagraph--
``(I) Biomass.--
``(aa) In general.--The term
`biomass' means any--
``(AA) agricultural or
plant waste,
``(BB) byproduct of wood
or paper mill operations,
including lignin in spent
pulping liquors, and
``(CC) other products of
forestry maintenance.
``(bb) Exclusion.--The term
`biomass' does not include paper
which is commonly recycled.
``(II) Coal.--The term `coal' means
anthracite, bituminous coal,
subbituminous coal, lignite, and peat.
``(B) Industrial carbon dioxide facility.--
``(i) In general.--Except as provided in
clause (ii), the term `industrial carbon dioxide
facility' means a facility that emits carbon
dioxide (including from any fugitive emissions
source) that is created as a result of any of the
following processes:
``(I) Fuel combustion.
``(II) Gasification.
``(III) Bioindustrial.
``(IV) Fermentation.
``(V) Any manufacturing industry
relating to--
``(aa) chemicals,
``(bb) fertilizers,
``(cc) glass,
``(dd) steel,
``(ee) petroleum residues,
[[Page 135 STAT. 1333]]
``(ff) forest products,
``(gg) agriculture,
including feedlots and dairy
operations, and
``(hh) transportation grade
liquid fuels.
``(ii) Exceptions.--For purposes of clause
(i), an industrial carbon dioxide facility shall
not include--
``(I) any geological gas facility,
or
``(II) any air separation unit
that--
``(aa) does not qualify as
gasification equipment, or
``(bb) is not a necessary
component of an oxy-fuel
combustion process.
``(iii) Definitions.--For purposes of this
subparagraph--
``(I) Petroleum residue.--The term
`petroleum residue' means the carbonized
product of high-boiling hydrocarbon
fractions obtained in petroleum
processing.
``(II) Geological gas facility.--The
term `geological gas facility' means a
facility that--
``(aa) produces a raw
product consisting of gas or
mixed gas and liquid from a
geological formation,
``(bb) transports or removes
impurities from such product, or
``(cc) separates such
product into its constituent
parts.
``(3) Special rule for facilities with less than 65 percent
capture and storage percentage.--
``(A) In general.--Subject to subparagraph (B), the
eligible components of an industrial carbon dioxide
facility satisfies the requirements of this paragraph if
such eligible components are designed to have a capture
and storage percentage (as determined under subparagraph
(C)) that is equal to or greater than 65 percent.
``(B) Exception.--In the case of an industrial
carbon dioxide facility designed with a capture and
storage percentage that is less than 65 percent, the
percentage of the cost of the eligible components
installed in such facility that may be financed with
tax-exempt bonds may not be greater than the designed
capture and storage percentage.
``(C) Capture and storage percentage.--
``(i) In general.--Subject to clause (ii), the
capture and storage percentage shall be an amount,
expressed as a percentage, equal to the quotient
of--
``(I) the total metric tons of
carbon dioxide designed to be annually
captured, transported, and injected
into--
``(aa) a facility for
geologic storage, or
``(bb) an enhanced oil or
gas recovery well followed by
geologic storage, divided by
``(II) the total metric tons of
carbon dioxide which would otherwise be
released into the atmosphere each year
as industrial emission of greenhouse gas
if the eligible components were
[[Page 135 STAT. 1334]]
not installed in the industrial carbon
dioxide facility.
``(ii) Limited application of eligible
components.--In the case of eligible components
that are designed to capture carbon dioxide solely
from specific sources of emissions or portions
thereof within an industrial carbon dioxide
facility, the capture and storage percentage under
this subparagraph shall be determined based only
on such specific sources of emissions or portions
thereof.
``(4) <<NOTE: Determination.>> Regulations.--The Secretary
shall issue such regulations or other guidance as are necessary
to carry out the provisions of this subsection, including
methods for determining costs attributable to an eligible
component for purposes of paragraph (3)(A).''.
(c) Volume Cap.--Section 146(g) of such Code, as amended by section
80401, <<NOTE: 26 USC 146.>> is amended by striking ``and'' at the end
of paragraph (4), by striking the period at the end of paragraph (5) and
inserting ``, and'', and by inserting immediately after paragraph (5)
the following new paragraph:
``(6) 75 percent of any exempt facility bond issued as part
of an issue described in paragraph (17) of section 142(a)
(relating to qualified carbon dioxide capture facilities).''.
(d) Clarification of Private Business Use.--Section 141(b)(6) of
such Code is amended by adding at the end the following new
subparagraph:
``(C) Clarification relating to qualified carbon
dioxide capture facilities.--For purposes of this
subsection, the sale of carbon dioxide produced by a
qualified carbon dioxide capture facility (as defined in
section 142(o)) which is owned by a governmental unit
shall not constitute private business use.''.
(e) Coordination With Credit for Carbon Oxide Sequestration.--
Section 45Q(f) of such Code is amended by adding at the end the
following new paragraph:
``(3) Credit reduced for certain tax-exempt bonds.--The
amount of the credit determined under subsection (a) with
respect to any project for any taxable year shall be reduced by
the amount which is the product of the amount so determined for
such year and the lesser of \1/2\ or a fraction--
``(A) the numerator of which is the sum, for the
taxable year and all prior taxable years, of the
proceeds from an issue described in section 142(a)(17)
used to provide financing for the project the interest
on which is exempt from tax under section 103, and
``(B) the denominator of which is the aggregate
amount of additions to the capital account for the
project for the taxable year and all prior taxable
years.
The amounts under the preceding sentence for any taxable year
shall be determined as of the close of the taxable year.''.
(f) <<NOTE: 26 USC 45Q note.>> Effective Date.--The amendments made
by this section shall apply to obligations issued after December 31,
2021.
[[Page 135 STAT. 1335]]
SEC. 80403. INCREASE IN NATIONAL LIMITATION AMOUNT FOR QUALIFIED
HIGHWAY OR SURFACE FREIGHT
TRANSPORTATION FACILITIES.
(a) In General.--Section 142(m)(2)(A) of the Internal Revenue Code
of 1986 <<NOTE: 26 USC 142.>> is amended by striking
``$15,000,000,000'' and inserting ``$30,000,000,000''.
(b) <<NOTE: 26 USC 142 note.>> Effective Date.--The amendment made
by this section shall apply to bonds issued after the date of the
enactment of this Act.
TITLE V--RELIEF FOR TAXPAYERS AFFECTED BY DISASTERS OR OTHER CRITICAL
EVENTS
SEC. 80501. MODIFICATION OF AUTOMATIC EXTENSION OF CERTAIN
DEADLINES IN THE CASE OF TAXPAYERS
AFFECTED BY FEDERALLY DECLARED
DISASTERS.
(a) In General.--Section 7508A(d) of the Internal Revenue Code of
1986 is amended--
(1) in paragraph (1)--
(A) by striking ``the latest incident date so
specified'' in subparagraph (B) and inserting ``the
later of such earliest incident date described in
subparagraph (A) or the date such declaration was
issued'', and
(B) by striking ``in the same manner as a period
specified under subsection (a)'' and inserting ``in
determining, under the internal revenue laws, in respect
of any tax liability of such qualified taxpayer, whether
any of the acts described in subparagraphs (A) through
(F) of section 7508(a)(1) were performed within the time
prescribed therefor (determined without regard to
extension under any other provision of this subtitle for
periods after the date determined under subparagraph
(B))'',
(2) by striking paragraph (3) and inserting the following:
``(3) <<NOTE: Definition.>> Disaster area.--For purposes of
this subsection, the term `disaster area' means an area in which
a major disaster for which the President provides financial
assistance under section 408 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5174) occurs.'',
and
(3) by adding at the end the following:
``(6) <<NOTE: Time period. Determination.>> Multiple
declarations.--For purposes of paragraph (1), in the case of
multiple declarations relating to a disaster area which are
issued within a 60-day period, a separate period shall be
determined under such paragraph with respect to each such
declaration.''.
(b) <<NOTE: 26 USC 7508A note.>> Effective Date.--The amendment
made by this section shall apply to federally declared disasters
declared after the date of enactment of this Act.
SEC. 80502. MODIFICATIONS OF RULES FOR POSTPONING CERTAIN ACTS BY
REASON OF SERVICE IN COMBAT ZONE OR
CONTINGENCY OPERATION.
(a) In General.--Section 7508(a)(1) of the Internal Revenue Code of
1986 is amended--
[[Page 135 STAT. 1336]]
(1) by striking subparagraph (C) and inserting the
following:
``(C) Filing a petition with the Tax Court, or
filing a notice of appeal from a decision of the Tax
Court;'', and
(2) by inserting ``or in respect of any erroneous refund''
after ``any tax'' in subparagraph (J).
(b) <<NOTE: 26 USC 7508 note.>> Effective Date.--The amendments
made by this section shall apply to any period for performing an act
which has not expired before the date of the enactment of this Act.
SEC. 80503. TOLLING OF TIME FOR FILING A PETITION WITH THE TAX
COURT.
(a) In General.--Section 7451 of the Internal Revenue Code of
1986 <<NOTE: 26 USC 7451.>> is amended--
(1) by striking ``The Tax Court'' and inserting the
following:
``(a) Fees.--The Tax Court'', and
(2) by adding at the end the following new subsection:
``(b) Tolling of Time in Certain Cases.--
``(1) In general.--Notwithstanding any other provision of
this title, in any case (including by reason of a lapse in
appropriations) in which a filing location is inaccessible or
otherwise unavailable to the general public on the date a
petition is due, the relevant time period for filing such
petition shall be tolled for the number of days within the
period of inaccessibility plus an additional 14 days.
``(2) Filing location.--For purposes of this subsection, the
term `filing location' means--
``(A) the office of the clerk of the Tax Court, or
``(B) any on-line portal made available by the Tax
Court for electronic filing of petitions.''.
(b) Conforming Amendments.--
(1) The heading for section 7451 of the Internal Revenue
Code of 1986 is amended by striking ``fee for filing petition''
and inserting ``petitions''.
(2) The item in the table of contents for part II of
subchapter C of chapter 76 of such Code <<NOTE: 26 USC 7451
prec.>> is amended by striking ``Fee for filing petition'' and
inserting ``Petitions''.
(c) <<NOTE: 26 USC 7451 note.>> Effective Date.--The amendments
made by this section shall apply to petitions required to be timely
filed (determined without regard to the amendments made by this section)
after the date of enactment of this Act.
SEC. 80504. AUTHORITY TO POSTPONE CERTAIN TAX DEADLINES BY REASON
OF SIGNIFICANT FIRES.
(a) In General.--Section 7508A of the Internal Revenue Code of 1986
is amended--
(1) by inserting ``, a significant fire,'' after ``federally
declared disaster (as defined in section 165(i)(5)(A))'' in
subsection (a),
(2) by inserting ``, fire,'' after ``disaster'' each place
it appears in subsections (a)(1) and (b), and
(3) by adding at the end the following new subsection:
``(e) Significant Fire.--For purposes of this section, the term
`significant fire' means any fire with respect to which assistance is
provided under section 420 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act.''.
(b) Conforming Amendments.--
[[Page 135 STAT. 1337]]
(1) The heading of section 7508A of the Internal Revenue
Code of 1986 <<NOTE: 26 USC 7508A.>> is amended by striking
``presidentially declared disaster'' and inserting ``federally
declared disaster, significant fire,''.
(2) The item relating to section 7508A in the table of
sections for chapter 77 of such Code <<NOTE: 26 USC 7501
prec.>> is amended by striking ``Presidentially declared
disaster'' and inserting ``Federally declared disaster,
significant fire,''.
(c) <<NOTE: 26 USC 7508A note.>> Effective Date.--The amendments
made by this section shall apply to fires for which assistance is
provided after the date of the enactment of this Act.
TITLE VI--OTHER PROVISIONS
SEC. 80601. MODIFICATION OF TAX TREATMENT OF CONTRIBUTIONS TO THE
CAPITAL OF A CORPORATION.
(a) In General.--Section 118 of the Internal Revenue Code of 1986 is
amended--
(1) in subsection (b), by inserting ``except as provided in
subsection (c),'' after ``For purposes of subsection (a),'',
(2) by redesignating subsection (d) as subsection (e), and
(3) by striking subsection (c) and inserting the following:
``(c) Special Rules for Water and Sewerage Disposal Utilities.--
``(1) <<NOTE: Definition.>> General rule.--For purposes of
this section, the term `contribution to the capital of the
taxpayer' includes any amount of money or other property
received from any person (whether or not a shareholder) by a
regulated public utility which provides water or sewerage
disposal services if--
``(A) such amount is--
``(i) a contribution in aid of construction,
or
``(ii) a contribution to the capital of such
utility by a governmental entity providing for the
protection, preservation, or enhancement of
drinking water or sewerage disposal services,
``(B) in the case of a contribution in aid of
construction which is property other than water or
sewerage disposal facilities, such amount meets the
requirements of the expenditure rule of paragraph (2),
and
``(C) such amount (or any property acquired or
constructed with such amount) is not included in the
taxpayer's rate base for ratemaking purposes.
``(2) Expenditure rule.--An amount meets the requirements of
this paragraph if--
``(A) an amount equal to such amount is expended for
the acquisition or construction of tangible property
described in section 1231(b)--
``(i) which is the property for which the
contribution was made or is of the same type as
such property, and
``(ii) which is used predominantly in the
trade or business of furnishing water or sewerage
disposal services,
``(B) the expenditure referred to in subparagraph
(A) occurs before the end of the second taxable year
after the year in which such amount was received, and
[[Page 135 STAT. 1338]]
``(C) accurate records are kept of the amounts
contributed and expenditures made, the expenditures to
which contributions are allocated, and the year in which
the contributions and expenditures are received and
made.
``(3) Definitions.--For purposes of this subsection--
``(A) <<NOTE: Regulations.>> Contribution in aid of
construction.--The term `contribution in aid of
construction' shall be defined by regulations prescribed
by the Secretary, except that such term shall not
include amounts paid as service charges for starting or
stopping services.
``(B) Predominantly.--The term `predominantly' means
80 percent or more.
``(C) Regulated public utility.--The term `regulated
public utility' has the meaning given such term by
section 7701(a)(33), except that such term shall not
include any utility which is not required to provide
water or sewerage disposal services to members of the
general public in its service area.
``(4) Disallowance of deductions and credits; adjusted
basis.--Notwithstanding any other
provision <<NOTE: Applicability.>> of this subtitle, no
deduction or credit shall be allowed for, or by reason of, any
expenditure which constitutes a contribution in aid of
construction to which this subsection applies. The adjusted
basis of any property acquired with contributions in aid of
construction to which this subsection applies shall be zero.
``(d) <<NOTE: Assessment. Time period.>> Statute of Limitations.--
If the taxpayer for any taxable year treats an amount as a contribution
to the capital of the taxpayer described in subsection (c)(1)(A)(i),
then--
``(1) the statutory period for the assessment of any
deficiency attributable to any part of such amount shall not
expire before the expiration of 3 years from the date the
Secretary is notified by the taxpayer (in such manner as the
Secretary may prescribe) of--
``(A) the amount of the expenditure referred to in
subparagraph (A) of subsection (c)(2),
``(B) the taxpayer's intention not to make the
expenditures referred to in such subparagraph, or
``(C) a failure to make such expenditure within the
period described in subparagraph (B) of subsection
(c)(2), and
``(2) such deficiency may be assessed before the expiration
of such 3-year period notwithstanding the provisions of any
other law or rule of law which would otherwise prevent such
assessment.''.
(b) <<NOTE: 26 USC 118 note.>> Effective Date.--The amendments made
by this section shall apply to contributions made after December 31,
2020.
SEC. 80602. EXTENSION OF INTEREST RATE STABILIZATION.
(a) Funding Stabilization Under the Internal Revenue Code of 1986.--
The table in subclause (II) of section 430(h)(2)(C)(iv) of the Internal
Revenue Code of 1986 <<NOTE: 26 USC 430.>> is amended to read as
follows:
[[Page 135 STAT. 1339]]
----------------------------------------------------------------------------------------------------------------
The applicable minimum
``If the calendar year is: percentage is: The applicable maximum percentage is:
----------------------------------------------------------------------------------------------------------------
Any year in the period starting in 90%.......................... 110%
2012 and ending in 2019.
Any year in the period starting in 95%.......................... 105%
2020 and ending in 2030.
2031.................................. 90%.......................... 110%
2032.................................. 85%.......................... 115%
2033.................................. 80%.......................... 120%
2034.................................. 75%.......................... 125%
After 2034............................ 70%.......................... 130%.''.
----------------------------------------------------------------------------------------------------------------
(b) Funding Stabilization Under Employee Retirement Income Security
Act of 1974.--
(1) In general.--The table in subclause (II) of section
303(h)(2)(C)(iv) of the Employee Retirement Income Security Act
of 1974 (29 U.S.C. 1083(h)(2)(C)(iv)) is amended to read as
follows:
----------------------------------------------------------------------------------------------------------------
The applicable minimum
``If the calendar year is: percentage is: The applicable maximum percentage is:
----------------------------------------------------------------------------------------------------------------
Any year in the period starting in 90%.......................... 110%
2012 and ending in 2019.
Any year in the period starting in 95%.......................... 105%
2020 and ending in 2030.
2031.................................. 90%.......................... 110%
2032.................................. 85%.......................... 115%
2033.................................. 80%.......................... 120%
2034.................................. 75%.......................... 125%
After 2034............................ 70%.......................... 130%.''.
----------------------------------------------------------------------------------------------------------------
(2) Conforming amendments.--
(A) In general.--Section 101(f)(2)(D) of such Act
(29 U.S.C. 1021(f)(2)(D)) is amended--
(i) in clause (i), by striking ``and the
American Rescue Plan Act of 2021'' both places it
appears and inserting ``, the American Rescue Plan
Act of 2021, and the Infrastructure Investment and
Jobs Act'', and
(ii) in clause (ii), by striking ``2029'' and
inserting ``2034''.
(B) <<NOTE: 29 USC 1021 note.>> Statements.--The
Secretary of Labor shall modify the statements required
under subclauses (I) and (II) of section 101(f)(2)(D)(i)
of such Act to conform to the amendments made by this
section.
(c) <<NOTE: 26 USC 430 note.>> Effective Date.--The amendments made
by this section shall apply with respect to plan years beginning after
December 31, 2021.
SEC. 80603. INFORMATION REPORTING FOR BROKERS AND DIGITAL ASSETS.
(a) Clarification of Definition of Broker.--Section 6045(c)(1) of
the Internal Revenue Code of 1986 <<NOTE: 26 USC 6045.>> is amended--
(1) by striking ``and'' at the end of subparagraph (B),
[[Page 135 STAT. 1340]]
(2) in subparagraph (C)--
(A) by striking ``any other person who (for a
consideration)'' and inserting ``any person who (for
consideration)'', and
(B) by striking the period at the end and inserting
``, and'', and
(3) by inserting after subparagraph (C) the following new
subparagraph:
``(D) any person who (for consideration) is
responsible for regularly providing any service
effectuating transfers of digital assets on behalf of
another person.''.
(b) Reporting of Digital Assets.--
(1) Brokers.--
(A) Treatment as specified security.--Section
6045(g)(3)(B) of the Internal Revenue Code of
1986 <<NOTE: 26 USC 6045.>> is amended by striking
``and'' at the end of clause (iii), by redesignating
clause (iv) as clause (v), and by inserting after clause
(iii) the following new clause:
``(iv) any digital asset, and''.
(B) Definition of digital asset.--Section 6045(g)(3)
of such Code is amended by adding at the end the
following new subparagraph:
``(D) Digital asset.--Except as otherwise provided
by the Secretary, the term `digital asset' means any
digital representation of value which is recorded on a
cryptographically secured distributed ledger or any
similar technology as specified by the Secretary.''.
(C) Applicable date.--Section 6045(g)(3)(C) of such
Code is amended--
(i) in clause (ii), by striking ``and'' at the
end,
(ii) by redesignating clause (iii) as clause
(iv), and
(iii) by inserting after clause (ii) the
following:
``(iii) January 1, 2023, in the case of any
specified security which is a digital asset,
and''.
(2) Furnishing of information.--
(A) In general.--Section 6045A of such Code is
amended--
(i) in subsection (a), by striking ``a
security which is'', and
(ii) by adding at the end the following:
``(d) Return Requirement for Certain Transfers of Digital Assets Not
Otherwise Subject to Reporting.--Any broker, <<NOTE: Determination.>>
with respect to any transfer (which is not part of a sale or exchange
executed by such broker) during a calendar year of a covered security
which is a digital asset from an account maintained by such broker to an
account which is not maintained by, or an address not associated with, a
person that such broker knows or has reason to know is also a broker,
shall make a return for such calendar year, in such form as determined
by the Secretary, showing the information otherwise required to be
furnished with respect to transfers subject to subsection (a).''.
(B) Reporting penalties.--Section 6724(d)(1)(B) of
such Code is amended by striking ``or'' at the end of
clause (xxv), by striking ``and'' at the end of clause
(xxvi), and by inserting after clause (xxvi) the
following new clause:
``(xxvii) section 6045A(d) (relating to
returns for certain digital assets),''.
[[Page 135 STAT. 1341]]
(3) Treatment as cash for purposes of section 6050i.--
Section 6050I(d) of such Code <<NOTE: 26 USC 6050I.>> is
amended by striking ``and'' at the end of paragraph (1), by
striking the period at the end of paragraph (2) and inserting
``, and'', and by inserting after paragraph (2) the following
new paragraph:
``(3) any digital asset (as defined in section
6045(g)(3)(D)).''.
(c) <<NOTE: 26 USC 6045 note.>> Effective Date.--The amendments
made by this section shall apply to returns required to be filed, and
statements required to be furnished, after December 31, 2023.
(d) <<NOTE: 26 USC 6045 note.>> Rule of Construction.--Nothing in
this section or the amendments made by this section shall be construed
to create any inference, for any period prior to the effective date of
such amendments, with respect to--
(1) whether any person is a broker under section 6045(c)(1)
of the Internal Revenue Code of 1986, or
(2) whether any digital asset is property which is a
specified security under section 6045(g)(3)(B) of such Code.
SEC. 80604. TERMINATION OF EMPLOYEE RETENTION CREDIT FOR EMPLOYERS
SUBJECT TO CLOSURE DUE TO COVID-19.
(a) In General.--Section 3134 of the Internal Revenue Code of 1986
is amended--
(1) in subsection (c)(5)--
(A) in subparagraph (A), by adding ``and'' at the
end,
(B) in subparagraph (B), by striking ``, and'' at
the end and inserting a period, and
(C) by striking subparagraph (C), and
(2) in subsection (n), by striking ``January 1, 2022'' and
inserting ``October 1, 2021 (or, in the case of wages paid by an
eligible employer which is a recovery startup business, January
1, 2022)''.
(b) <<NOTE: 26 USC 3134 note.>> Effective Date.--The amendments
made by this section shall apply to calendar quarters beginning after
September 30, 2021.
DIVISION I--OTHER MATTERS
SEC. 90001. EXTENSION OF DIRECT SPENDING REDUCTIONS THROUGH FISCAL
YEAR 2031.
Section 251A(6) of the Balanced Budget and Emergency Deficit Control
Act of 1985 (2 U.S.C. 901a(6)) is amended--
(1) in subparagraph (B), in the matter preceding clause (i),
by striking ``2030'' and inserting ``2031''; and
(2) in subparagraph (C)--
(A) in the matter preceding clause (i), by striking
``2030'' and inserting ``2031'';
(B) in clause (i)--
(i) by striking ``5 \1/2\'' and inserting
``6'';
(ii) by striking ``2.0'' and inserting
``4.0''; and
(iii) by striking the semicolon at the end and
inserting ``; and'';
(C) in clause (ii)--
(i) by striking ``6-month period beginning on
the day after the last day of the period described
in clause (i)'' and inserting ``second 6 months'';
(ii) by striking ``4.0'' and inserting ``0'';
and
[[Page 135 STAT. 1342]]
(iii) by striking ``; and'' and inserting a
period; and
(D) by striking clause (iii).
SEC. 90002. STRATEGIC PETROLEUM RESERVE DRAWDOWN AND SALE.
(a) <<NOTE: 42 USC 6241 note.>> Drawdown and Sale.--
(1) In general.--Notwithstanding section 161 of the Energy
Policy and Conservation Act (42 U.S.C. 6241), except as provided
in subsections (b) and (c), the Secretary of Energy shall draw
down and sell from the Strategic Petroleum Reserve 87,600,000
barrels of crude oil during the period of fiscal years 2028
through 2031.
(2) Timing.--Subject to paragraph (1) and subsection (c)(1),
in determining the timing of each drawdown and sale from the
Strategic Petroleum Reserve during the period of fiscal years
2028 through 2031 under paragraph (1), to the maximum extent
practicable, the Secretary shall maximize the financial return
to the United States taxpayers.
(3) Deposit of amounts received from sale.--Amounts received
from a sale under paragraph (1) shall be deposited in the
general fund of the Treasury during the fiscal year in which the
sale occurs.
(4) SPR petroleum account.--The Secretary of the Treasury
shall deposit in the SPR Petroleum Account established under
section 167(a) of the Energy Policy and Conservation Act (42
U.S.C. 6247(a)) $43,500,000, to be used to carry out paragraph
(1) in accordance with section 167 of the Energy Policy and
Conservation Act (42 U.S.C. 6247).
(b) Emergency Protection.--The Secretary of Energy shall not draw
down and sell crude oil under subsection (a) in a quantity that would
limit the authority to sell petroleum products under subsection (h) of
section 161 of the Energy Policy and Conservation Act (42 U.S.C. 6241)
in the full quantity authorized by that subsection.
(c) Limitations.--
(1) In general.--The Secretary of Energy shall not draw down
or conduct sales of crude oil under subsection (a) after the
date on which a total of $6,100,000,000 has been deposited in
the general fund of the Treasury from sales authorized under
that subsection.
(2) Minimum volume.--Section 161(h)(2) of the Energy Policy
and Conservation Act (42 U.S.C. 6241(h)(2)) is amended by
striking ``340,000,000'' each place it appears and inserting
``252,400,000''.
SEC. 90003. FINDINGS REGARDING UNUSED UNEMPLOYMENT INSURANCE
FUNDS.
Congress finds the following:
(1) On July 16, 2021, the Congressional Budget Office (in
this section referred to as ``CBO'') reduced its projected cost
of the extension of expanded unemployment compensation as
enacted in the American Rescue Plan Act of 2021 (P.L. 117-2).
(2) CBO budget projections included mandatory outlays for
the expansion totaling $144,000,000,000 in 2021 and
$8,000,000,000 in 2022. That estimated cost is $50,000,000,000
less in 2021, and $3,000,000,000 less in 2022, than anticipated
in CBO's March 2021 cost estimate.
[[Page 135 STAT. 1343]]
(3) CBO reduced its projections of those costs for two major
reasons. First, several States have announced that they are
discontinuing one or more of the components of expanded
unemployment compensation before the expansion's authorization
ends in September 2021. In its original estimate, CBO projected
that all States would participate in the programs until
September. Second, because of the improving economy, the agency
has lowered its forecast of the unemployment rate, resulting in
fewer projected beneficiaries for the programs, which also
reduced projected costs.
(4) It is estimated that there are approximately
$53,000,000,000 in savings from the amounts in the Treasury
originally estimated to be spent on unemployment insurance funds
(under the provisions of subtitle A of title II of division A of
the CARES Act) not used by the States.
SEC. 90004. REQUIRING MANUFACTURERS OF CERTAIN SINGLE-DOSE
CONTAINER OR SINGLE-USE PACKAGE DRUGS
PAYABLE UNDER PART B OF THE MEDICARE
PROGRAM TO PROVIDE REFUNDS WITH
RESPECT TO DISCARDED AMOUNTS OF SUCH
DRUGS.
Section 1847A of the Social Security Act (42 U.S.C. 1395w-3a) is
amended--
(1) by redesignating subsection (h) as subsection (i); and
(2) by inserting after subsection (g) the following new
subsection:
``(h) Refund for Certain Discarded Single-dose Container or Single-
use Package Drugs.--
``(1) Secretarial provision of information.--
``(A) <<NOTE: Effective date.>> In general.--For
each calendar quarter beginning on or after January 1,
2023, the Secretary shall, with respect to a refundable
single-dose container or single-use package drug (as
defined in paragraph (8)), report to each manufacturer
(as defined in subsection (c)(6)(A)) of such refundable
single-dose container or single-use package drug the
following for the calendar quarter:
``(i) <<NOTE: Determination.>> Subject to
subparagraph (C), information on the total number
of units of the billing and payment code of such
drug, if any, that were discarded during such
quarter, as determined using a mechanism such as
the JW modifier used as of the date of enactment
of this subsection (or any such successor modifier
that includes such data as determined appropriate
by the Secretary).
``(ii) The refund amount that the manufacturer
is liable for pursuant to paragraph (3).
``(B) Determination of discarded amounts.--For
purposes of subparagraph (A)(i), with respect to a
refundable single-dose container or single-use package
drug furnished during a quarter, the amount of such drug
that was discarded shall be determined based on the
amount of such drug that was unused and discarded for
each drug on the date of service.
``(C) Exclusion of units of packaged drugs.--The
total number of units of the billing and payment code of
a refundable single-dose container or single-use package
drug of a manufacturer furnished during a calendar
quarter
[[Page 135 STAT. 1344]]
for purposes of subparagraph (A)(i), and the
determination of the estimated total allowed charges for
the drug in the quarter for purposes of paragraph
(3)(A)(ii), shall not include such units that are
packaged into the payment amount for an item or service
and are not separately payable.
``(2) <<NOTE: Effective date.>> Manufacturer requirement.--
For each calendar quarter beginning on or after January 1, 2023,
the manufacturer of a refundable single-dose container or
single-use package drug shall, for such drug, provide to the
Secretary a refund that is equal to the amount specified in
paragraph (3) for such drug for such quarter.
``(3) Refund amount.--
``(A) <<NOTE: Effective date.>> In general.--The
amount of the refund specified in this paragraph is,
with respect to a refundable single-dose container or
single-use package drug of a manufacturer assigned to a
billing and payment code for a calendar quarter
beginning on or after January 1, 2023, an amount equal
to the estimated amount (if any) by which--
``(i) the product of--
``(I) the total number of units of
the billing and payment code for such
drug that were discarded during such
quarter (as determined under paragraph
(1)); and
``(II)(aa) in the case of a
refundable single-dose container or
single-use package drug that is a single
source drug or biological, the amount of
payment determined for such drug or
biological under subsection (b)(1)(B)
for such quarter; or
``(bb) in the case of a refundable
single-dose container or single-use
package drug that is a biosimilar
biological product, the amount of
payment determined for such product
under subsection (b)(1)(C) for such
quarter; exceeds
``(ii) an amount equal to the applicable
percentage (as defined in subparagraph (B)) of the
estimated total allowed charges for such drug
under this part during the quarter.
``(B) Applicable percentage defined.--
``(i) In general.--For purposes of
subparagraph (A)(ii), the term `applicable
percentage' means--
``(I) subject to subclause (II), 10
percent; and
``(II) if applicable, in the case of
a refundable single-dose container or
single-use package drug described in
clause (ii), a percentage specified by
the Secretary pursuant to such clause.
``(ii) Treatment of drugs that have unique
circumstances.--In the
case <<NOTE: Notice. Regulations. Determination.>>
of a refundable single-dose container or single-
use package drug that has unique circumstances
involving similar loss of product as that
described in paragraph (8)(B)(ii), the Secretary,
through notice and comment rulemaking, may
increase the applicable percentage otherwise
applicable under clause (i)(I) as determined
appropriate by the Secretary.
[[Page 135 STAT. 1345]]
``(4) <<NOTE: Determination.>> Frequency.--Amounts required
to be refunded pursuant to paragraph (2) shall be paid in
regular intervals (as determined appropriate by the Secretary).
``(5) Refund deposits.--Amounts paid as refunds pursuant to
paragraph (2) shall be deposited into the Federal Supplementary
Medical Insurance Trust Fund established under section 1841.
``(6) Enforcement.--
``(A) Audits.--
``(i) Manufacturer audits.--Each manufacturer
of a refundable single-dose container or single-
use package drug that is required to provide a
refund under this subsection shall be subject to
periodic audit with respect to such drug and such
refunds by the Secretary.
``(ii) Provider audits.--The Secretary shall
conduct periodic audits of claims submitted under
this part with respect to refundable single-dose
container or single-use package drugs in
accordance with the authority under section
1833(e) to ensure compliance with the requirements
applicable under this subsection.
``(B) Civil money penalty.--
``(i) In general.--The Secretary shall impose
a civil money penalty on a manufacturer of a
refundable single-dose container or single-use
package drug who has failed to comply with the
requirement under paragraph (2) for such drug for
a calendar quarter in an amount equal to the sum
of--
``(I) the amount that the
manufacturer would have paid under such
paragraph with respect to such drug for
such quarter; and
``(II) 25 percent of such amount.
``(ii) Application.--The provisions of section
1128A (other than subsections (a) and (b)) shall
apply to a civil money penalty under this
subparagraph in the same manner as such provisions
apply to a penalty or proceeding under section
1128A(a).
``(7) <<NOTE: Notice. Regulations.>> Implementation.--The
Secretary shall implement this subsection through notice and
comment rulemaking.
``(8) Definition of refundable single-dose container or
single-use package drug.--
``(A) In general.--Except as provided in
subparagraph (B), in this subsection, the term
`refundable single-dose container or single-use package
drug' means a single source drug or biological (as
defined in section 1847A(c)(6)(D)) or a biosimilar
biological product (as defined in section
1847A(c)(6)(H)) for which payment is made under this
part and that is furnished from a single-dose container
or single-use package.
``(B) Exclusions.--The term `refundable single-dose
container or single-use package drug' does not include--
``(i) a drug or biological that is either a
radiopharmaceutical or an imaging agent;
``(ii) a drug or biological approved by the
Food and Drug Administration for which dosage and
administration instructions included in the
labeling
[[Page 135 STAT. 1346]]
require filtration during the drug preparation
process, prior to dilution and administration, and
require that any unused portion of such drug after
the filtration process be discarded after the
completion of such filtration process; or
``(iii) <<NOTE: Effective date. Time
period.>> a drug or biological approved by the
Food and Drug Administration on or after the date
of enactment of this subsection and with respect
to which payment has been made under this part for
fewer than 18 months.
``(9) Report to congress.--Not later than 3 years after the
date of enactment of this subsection, the Office of the
Inspector General, after consultation with the Centers for
Medicare & Medicaid Services and the Food and Drug
Administration, shall submit to the Committee on Finance of the
Senate and the Committee on Energy and Commerce and the
Committee on Ways and Means of the House of Representatives, a
report on any impact this section is reported to have on the
licensure, market entry, market retention, or marketing of
biosimilar biological products. Such report shall be updated
periodically at the direction of the Committee on Finance of the
Senate and the Committee on Energy and Commerce and the
Committee on Ways and Means of the House of Representatives.''.
SEC. 90005. EXTENSION OF ENTERPRISE GUARANTEE FEES.
Section 1327(f) of the Federal Housing Enterprises Financial Safety
and Soundness Act of 1992 (12 U.S.C. 4547(f)) is amended by striking
``2021'' and inserting ``2032''.
SEC. 90006. <<NOTE: 42 USC 1320a-7b note.>> MORATORIUM ON
IMPLEMENTATION OF RULE RELATING TO
ELIMINATING THE ANTI-KICKBACK STATUTE
SAFE HARBOR PROTECTION FOR
PRESCRIPTION DRUG REBATES.
Notwithstanding any other provision of law, the Secretary of Health
and Human Services shall not, prior to January 1, 2026, implement,
administer, or enforce the provisions of the final rule published by the
Office of the Inspector General of the Department of Health and Human
Services on November 30, 2020, and titled ``Fraud and Abuse; Removal of
Safe Harbor Protection for Rebates Involving Prescription
Pharmaceuticals and Creation of New Safe Harbor Protection for Certain
Point-of-Sale Reductions in Price on Prescription Pharmaceuticals and
Certain Pharmacy Benefit Manager Service Fees'' (85 Fed. Reg. 76666).
SEC. 90007. RESCISSION OF COVID-19 APPROPRIATIONS.
(a) Economic Injury Disaster Loan Subsidy.--
(1) Rescission.--Of the unobligated balances from amounts
made available under the heading ``Small Business
Administration--Disaster Loans Program Account'' in title II of
division B of the Paycheck Protection Program and Health Care
Enhancement Act (Public Law 116-139), $13,500,000,000 are
permanently rescinded.
(2) Designation.--The amount rescinded pursuant to paragraph
(1) that was previously designated by the Congress as an
emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act
[[Page 135 STAT. 1347]]
of 1985 is designated by the Congress as an emergency
requirement pursuant to section 4112(a) of H. Con. Res. 71
(115th Congress), the concurrent resolution on the budget for
fiscal year 2018, and to section 251(b) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
(b) Targeted EIDL Advance.--
(1) Of the unobligated balances from amounts made available
under the heading ``Small Business Administration--Targeted EIDL
Advance'' in section 323(d)(1)(D) of division N of the
Consolidated Appropriations Act, 2021 (Public Law 116-260),
$17,578,000,000 are permanently rescinded.
(2) Of the unobligated balances from amounts made available
in section 5002(b) of the American Rescue Plan Act of 2021
(Public Law 117-2)--
(A) amounts may be transferred to and merged with
``Small Business Administration--Disaster Loans Program
Account'' for the cost of direct loans authorized under
section 7(b) of the Small Business Act (15 U.S.C.
636(b));
(B) not more than $500,000,000 may be transferred to
``Small Business Administration--Salaries and Expenses''
for necessary expenses, not otherwise provided for, of
the Small Business Administration; and
(C) not more than $992,000,000 may be transferred
to, and merged with, ``Small Business Administration--
Business Loans Program Account'' for the cost of
guaranteed loans as authorized by paragraphs (1) through
(35) of section 7(a) of the Small Business Act (15
U.S.C. 636(a)), including the cost of carrying out
sections 326, 327, and 328 of division N of the
Consolidated Appropriations Act, 2021 (Public Law 116-
260).
(c) Economic Stabilization Program.--Of the unobligated balances
from amounts made available in section 4027(a) of the Coronavirus Aid,
Relief, and Economic Security Act (15 U.S.C. 9601), $1,366,100,000 are
permanently rescinded.
(d) Business Loans Program Account.--
(1) Of the unobligated balances from amounts made available
under the heading ``Small Business Administration--Business
Loans Program Account, CARES Act'' in section 1107(a)(1) of the
Coronavirus Aid, Relief, and Economic Security Act (Public Law
116-136), as amended by section 101(a)(2) of division A of the
Paycheck Protection Program and Health Care Enhancement Act
(Public Law 116-139), and in section 323(d)(1)(A) of division N
of the Consolidated Appropriations Act, 2021 (Public Law 116-
260) for carrying out paragraphs (36) and (37) of section 7(a)
of the Small Business Act (15 U.S.C. 636(a)), $4,684,000,000 are
permanently rescinded.
(2) Of the unobligated balances from amounts made available
under the heading ``Small Business Administration--Business
Loans Program Account'' in section 323(d)(1)(F) of division N of
the Consolidated Appropriations Act, 2021 (Public Law 116-260),
$992,000,000 are permanently rescinded.
(e) Pandemic Relief for Aviation Workers, Coronavirus Aid, Relief,
and Economic Security Act (CARES Act).--Of the unobligated balances from
amounts made available in section 4120 of the Coronavirus Aid, Relief,
and Economic Security Act (15 U.S.C. 9080), $3,000,000,000 are
permanently rescinded.
(f) Education Stabilization Fund.--
[[Page 135 STAT. 1348]]
(1) Rescission.--Of the unobligated balances from amounts
made available under the heading ``Education Stabilization
Fund'' in title VIII of division B of the Coronavirus Aid,
Relief, and Economic Security Act (Public Law 116-136) and in
title III of division M of the Consolidated Appropriations Act,
2021 (Public Law 116-260) that were reserved for the Higher
Education Emergency Relief Fund by sections 18004(a)(1) and
18004(a)(2) of division B of the Coronavirus Aid, Relief, and
Economic Security Act (Public Law 116-136) and sections
314(a)(1), 314(a)(2), and 314(a)(4) of division M of the
Consolidated Appropriations Act, 2021 (Public Law 116-260),
$353,400,000 are permanently rescinded.
(2) Designation.--The amount rescinded pursuant to paragraph
(1) that was previously designated by the Congress as an
emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985 is
designated by the Congress as an emergency requirement pursuant
to section 4112(a) of H. Con. Res. 71 (115th Congress), the
concurrent resolution on the budget for fiscal year 2018, and to
section 251(b) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
(g) Small Business Administration, Salaries and Expenses.--
(1) Rescission.--Of the unobligated balances from amounts
made available under the heading ``Small Business
Administration--Salaries and Expenses'' in section 1107(a)(2) of
the Coronavirus Aid, Relief, and Economic Security Act (Public
Law 116-136), in title II of division B of the Paycheck
Protection Program and Health Care Enhancement Act (Public Law
116-139), and in section 323(d)(1)(C) of division N of the
Consolidated Appropriations Act, 2021 (Public Law 116-260),
$175,000,000 are permanently rescinded.
(2) Designation.--The amount rescinded pursuant to paragraph
(1) that was previously designated by the Congress as an
emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985 is
designated by the Congress as an emergency requirement pursuant
to section 4112(a) of H. Con. Res. 71 (115th Congress), the
concurrent resolution on the budget for fiscal year 2018, and to
section 251(b) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
(h) Pandemic Relief for Aviation Workers.--Of the unobligated
balances from amounts made available in section 411 of subtitle A of
title IV of division N of the Consolidated Appropriations Act, 2021 (15
U.S.C. 9101), $200,000,000 are permanently rescinded.
SEC. 90008. <<NOTE: 47 USC 921 note.>> SPECTRUM AUCTIONS.
(a) Definitions.--In this section:
(1) Commission.--The term ``Commission'' means the Federal
Communications Commission.
(2) Covered band.--The term ``covered band'' means the band
of frequencies between 3100 and 3450 megahertz.
(3) Relevant congressional committees.--The term ``relevant
congressional committees'' means--
(A) the Committee on Armed Services of the Senate;
(B) the Committee on Armed Services of the House of
Representatives;
[[Page 135 STAT. 1349]]
(C) the Committee on Commerce, Science, and
Transportation of the Senate; and
(D) the Committee on Energy and Commerce of the
House of Representatives.
(b) 3.1-3.45 GHz Band.--
(1) Pre-auction funding.--
(A) <<NOTE: Effective date. Transfer authority.>>
In general.--On the date of enactment of this Act, the
Director of the Office of Management and Budget shall
transfer $50,000,000 from the Spectrum Relocation Fund
established under section 118 of the National
Telecommunications and Information Administration Act
(47 U.S.C. 928) to the Department of Defense for the
purpose of research and development, engineering
studies, economic analyses, activities with respect to
systems, or other planning activities to improve
efficiency and effectiveness of the spectrum use of the
Department of Defense in order to make available
electromagnetic spectrum in the covered band--
(i) for reallocation for shared Federal and
non-Federal commercial licensed use; and
(ii) for auction under paragraph (3) of this
subsection.
(B) Exemption.--Section 118(g) of the National
Telecommunications and Information Administration
Organization Act (47 U.S.C. 928(g)) shall not apply with
respect to the payment required under subparagraph (A).
(C) Report to secretary of commerce.--For purposes
of paragraph (2)(A), the Secretary of Defense shall
report to the Secretary of Commerce the findings of the
planning activities described in subparagraph (A) of
this paragraph.
(2) <<NOTE: Determinations.>> Identification.--
(A) <<NOTE: Coordination.>> In general.--Not later
than 21 months after the date of enactment of this Act,
in accordance with the findings of the planning
activities described in paragraph (1)(A) and subject to
the determination of the Secretary of Defense under
subparagraph (B) of this paragraph, the Secretary of
Commerce, in coordination with the Secretary of Defense,
the Director of the Office of Science and Technology
Policy, and relevant congressional committees, shall--
(i) determine which frequencies of
electromagnetic spectrum in the covered band could
be made available on a shared basis between
Federal use and non-Federal commercial licensed
use, subject to flexible-use service rules; and
(ii) submit to the President and the
Commission a report that identifies the
frequencies determined appropriate under clause
(i).
(B) Required determination.--The Secretary of
Commerce may identify frequencies under subparagraph
(A)(ii) only if the Secretary of Defense has determined
that sharing those frequencies with non-Federal users
would not impact the primary mission of military
spectrum users in the covered band.
(3) <<NOTE: Consultation.>> Auction.--Not earlier than
November 30, 2024, the Commission, in consultation with the
Assistant Secretary of
[[Page 135 STAT. 1350]]
Commerce for Communications and Information, shall begin a
system of competitive bidding under section 309(j) of the
Communications Act of 1934 (47 U.S.C. 309(j)) to grant new
licenses for the spectrum identified under paragraph (2)(A)(ii)
of this subsection.
(4) <<NOTE: Deadline.>> Sharing of spectrum.--Not earlier
than May 31, 2025, the President shall modify any assignment to
a Federal Government station of the frequencies identified under
clause (ii) of paragraph (2)(A) in order to accommodate shared
Federal and non-Federal commercial licensed use in accordance
with that paragraph.
(5) Auction proceeds to cover 110 percent of federal
relocation or sharing costs.--Nothing in this subsection shall
be construed to relieve the Commission from the requirements
under section 309(j)(16)(B) of the Communications Act of 1934
(47 U.S.C. 309(j)(16)(B)).
(c) FCC Auction Authority.--
(1) Termination.--Section 309(j)(11) of the Communications
Act of 1934 (47 U.S.C. 309(j)(11)) is amended by inserting after
``2025'' the following: ``, and with respect to the
electromagnetic spectrum identified under section
90008(b)(2)(A)(ii) of the Infrastructure Investment and Jobs
Act, such authority shall expire on the date that is 7 years
after the date of enactment of that Act''.
(2) Spectrum pipeline act of 2015.--Section 1006(c)(1) of
the Spectrum Pipeline Act of 2015 (Public Law 114-74; 129 Stat.
624) is amended by striking ``2022'' and inserting ``2024''.
DIVISION <<NOTE: Infrastructure Investments and Jobs Appropriations
Act. Time periods.>> J--APPROPRIATIONS
That the following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for the fiscal year ending
September 30, 2022, and for other purposes, namely:
TITLE I--AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG ADMINISTRATION,
AND RELATED AGENCIES
DEPARTMENT OF AGRICULTURE
FARM PRODUCTION AND CONSERVATION PROGRAMS
Natural Resources Conservation Service
watershed and flood prevention operations
For an additional amount for ``Watershed and Flood Prevention
Operations'', $500,000,000, to remain available until expended:
Provided, That <<NOTE: Deadline. Spend plan. List.>> not later than 90
days after the date of enactment of this Act, the Secretary of
Agriculture shall submit to the House and Senate Committees on
Appropriations a detailed spend plan, including a list of project
locations and project cost: Provided further, That such amount is
designated by the Congress as being for an emergency requirement
pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the
concurrent resolution on the budget for fiscal year 2018, and to section
251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985.
[[Page 135 STAT. 1351]]
watershed rehabilitation program
For an additional amount for ``Watershed Rehabilitation Program'',
$118,000,000, to remain available until expended: Provided, That not
later <<NOTE: Deadline. Spend plan. List.>> than 90 days after the date
of enactment of this Act, the Secretary of Agriculture shall submit to
the House and Senate Committees on Appropriations a detailed spend plan,
including a list of project locations and project cost: Provided
further, That such amount is designated by the Congress as being for an
emergency requirement pursuant to section 4112(a) of H. Con. Res. 71
(115th Congress), the concurrent resolution on the budget for fiscal
year 2018, and to section 251(b) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
emergency watershed protection program
For an additional amount for ``Emergency Watershed Protection
Program'' to repair damages to the waterways and watersheds resulting
from natural disasters, $300,000,000, to remain available until
expended: Provided, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section 4112(a) of H.
Con. Res. 71 (115th Congress), the concurrent resolution on the budget
for fiscal year 2018, and to section 251(b) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
RURAL DEVELOPMENT PROGRAMS
Rural Utilities Service
distance learning, telemedicine, and broadband program
For an additional amount for ``Rural Utilities Service--Distance
Learning, Telemedicine, and Broadband Program'', $2,000,000,000, to
remain available until expended: Provided, That of the funds made
available under this heading in this Act, $74,000,000 shall be for the
cost of broadband loans, as authorized by section 601 of the Rural
Electrification Act: Provided further, That, of the funds made
available under this heading in this Act, $1,926,000,000 shall be for
the broadband loan and grant pilot program established by section 779 of
Public Law 115-141 under the Rural Electrification Act of 1936, as
amended (7 U.S.C. 901 et seq.): Provided further, That at least 50
percent of the households to be served by a project receiving a loan or
grant from funds provided under the preceding proviso shall be in a
rural area, as defined in section 601(b)(3) of the Rural Electrification
Act, without sufficient access to broadband defined for such funds as
having speeds of not less than 25 megabits per second downloads and 3
megabits per second uploads: Provided further, That 10 percent of the
amounts made available under this heading in this Act for the pilot
program shall be set aside for service areas where at least 90 percent
of households to be served by a project receiving a loan or grant are in
a rural area without sufficient access to broadband, as defined in the
preceding proviso: Provided further, That, to the extent possible,
projects receiving funds provided under this heading in this Act for the
pilot program must build out service to at least 100 megabits per second
downloads and 20 megabits per second uploads: Provided further,
That, <<NOTE: Determination.>> in administering the pilot program under
this heading in this Act, the Secretary of Agriculture
[[Page 135 STAT. 1352]]
may, for purposes of determining entities eligible to receive
assistance, consider those communities which are ``Areas Rural in
Character'', as defined in section 343(a)(13)(D) of the Consolidated
Farm and Rural Development Act: Provided further, That not more than
$50,000,000 of the funds made available under this heading in this Act
for the pilot program may be used for the purpose of the preceding
proviso: Provided further, That pole attachment fees and replacements
charged by electric cooperatives for the shared use of their utility
poles shall be an eligible use of funds provided under this heading in
this Act for the pilot program to enable the deployment of broadband in
rural areas: <<NOTE: Waiver.>> Provided further, That the Secretary
shall waive any matching funds required for pilot program projects
funded from amounts provided under this heading in this Act for Alaska
Native Corporations for federally-recognized Tribes, on substantially
underserved Trust areas, as defined in 7 U.S.C. 936f(a)(2), and
residents of a rural area that was recognized as a colonia as of October
1, 1989, and for projects in which 75 percent of the service area is a
persistent poverty county or counties: Provided further,
That <<NOTE: Definition.>> for purposes of the preceding proviso, the
term ``persistent poverty counties'' means any county that has had 20
percent or more of its population living in poverty over the past 30
years, as measured by the 1990 and 2000 decennial censuses, and 2007-
2011 American Community Survey 5-6 year average, or any territory or
possession of the United States: Provided further, That, in addition to
other funds available for such purpose, not more than four percent of
the amounts provided under this heading in this Act shall be for
administrative costs to carry out the pilot program and broadband loans:
Provided further, That up to three percent of the amounts provided
under this heading in this Act shall be for technical assistance and
predevelopment planning activities to support rural communities, of
which $5,000,000 shall have a priority for the establishment and growth
of cooperatives to offer broadband, which shall be transferred to and
merged with the appropriation for ``Rural Development, Salaries and
Expenses'': Provided further, That the Secretary of Agriculture shall
collaborate, to the extent practicable, with the Commissioner of the
Federal Communications Commission and the Assistant Secretary for
Communications and Information at the National Telecommunications and
Information Administration to carry out the amounts provided under this
heading in this Act for the pilot program: Provided further,
That <<NOTE: Transfer authority.>> the Secretary may transfer funds
provided under this heading in this Act between broadband loans, as
authorized by section 601 of the Rural Electrification Act, and the
pilot program to accommodate demand: <<NOTE: Advance
notice. Approval.>> Provided further, That no funds shall be
transferred pursuant to the preceding proviso until the Secretary
notifies in writing and receives approval from the Committees on
Appropriations and Agriculture of both Houses of Congress at least 30
days in advance of the transfer of such funds or the use of such
authority: Provided further, That for purposes of the amounts provided
under this heading in this Act for the pilot program, the Secretary
shall adhere to the notice, reporting, and service area assessment
requirements set forth in section 701(a)-(d) of the Rural
Electrification Act (7 U.S.C. 950cc(a)-(d)): Provided further, That
such amount is designated by the Congress as being for an emergency
requirement pursuant to section
[[Page 135 STAT. 1353]]
4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution
on the budget for fiscal year 2018, and to section 251(b) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
GENERAL PROVISION--THIS TITLE
Sec. 101. In addition to amounts otherwise made available for such
purpose, there is hereby appropriated $10,000,000, to remain available
until expended, to carry out section 70501 of division G of this Act:
Provided, That $5,000,000, to remain available until expended, shall be
made available for fiscal year 2022 and $5,000,000, to remain available
until expended, shall be made available for fiscal year 2023: Provided
further, That such amount is designated by the Congress as being for an
emergency requirement pursuant to section 4112(a) of H. Con. Res. 71
(115th Congress), the concurrent resolution on the budget for fiscal
year 2018, and to section 251(b) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
TITLE II--COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES
DEPARTMENT OF COMMERCE
National Telecommunications and Information Administration
broadband equity, access, and deployment program
(including transfer of funds)
For an additional amount for ``Broadband Equity, Access, and
Deployment Program'', $42,450,000,000, to remain available until
expended, for grants as authorized under section 60102 of division F of
this Act: Provided, That <<NOTE: Deadline. Spend plan.>> not later
than 90 days after the date of enactment of this Act, the Secretary of
Commerce shall submit to the House and Senate Committees on
Appropriations a detailed spend plan for fiscal year 2022: Provided
further, That up to 2 percent of the amounts made available under this
heading in this Act in fiscal year 2022 shall be for salaries and
expenses, administration, and oversight, of which $12,000,000 shall be
transferred to the Office of Inspector General of the Department of
Commerce for oversight of funding provided to the National
Telecommunications and Information Administration in this title in this
Act: Provided further, That such amount is designated by the Congress
as being for an emergency requirement pursuant to section 4112(a) of H.
Con. Res. 71 (115th Congress), the concurrent resolution on the budget
for fiscal year 2018, and to section 251(b) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
broadband connectivity fund
For an additional amount for ``Broadband Connectivity Fund'',
$2,000,000,000, to remain available until expended, for grants for the
Tribal Broadband Connectivity Program, as authorized under section
905(c) of division N of the Consolidated Appropriations Act, 2021
(Public Law 116-260), as amended by section 60201
[[Page 135 STAT. 1354]]
of division F this Act: Provided, That such amount is designated by the
Congress as being for an emergency requirement pursuant to section
4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution
on the budget for fiscal year 2018, and to section 251(b) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
digital equity
(including transfer of funds)
For an additional amount for ``Digital Equity'', $2,750,000,000, to
remain available until expended, for competitive grants as authorized
under sections 60304 and 60305 of division F of this Act: Provided,
That of the amount provided under this heading in this Act--
(1) $550,000,000, to remain available until expended, shall
be made available for fiscal year 2022, of which $60,000,000 is
for the award of grants under section 60304 (c)(3) of division F
of this Act, $240,000,000 is for the award of grants under
section 60304(d) of division F of this Act, and $250,000,000 is
for the award of grants under section 60305 of division F of
this Act;
(2) $550,000,000, to remain available until expended, shall
be made available for fiscal year 2023, of which $300,000,000 is
for the award of grants under section 60304(d) of division F of
this Act and $250,000,000 is for the award of grants under
section 60305 of division F of this Act;
(3) $550,000,000, to remain available until expended, shall
be made available for fiscal year 2024, of which $300,000,000 is
for the award of grants under section 60304(d) of division F of
this Act and $250,000,000 is for the award of grants under
section 60305 of division F of this Act;
(4) $550,000,000, to remain available until expended, shall
be made available for fiscal year 2025, of which $300,000,000 is
for the award of grants under section 60304(d) of division F of
this Act and $250,000,000 is for the award of grants under
section 60305 of division F of this Act; and
(5) $550,000,000, to remain available until expended, shall
be made available for fiscal year 2026, of which $300,000,000 is
for the award of grants under section 60304(d) of division F of
this Act and $250,000,000 is for the award of grants under
section 60305 of division F of this Act:
Provided further, That <<NOTE: Notices. Deadline.>> the Secretary
shall issue notices of funding opportunity not later than 180 days after
each date upon which funds are made available under the preceding
proviso: Provided further, That <<NOTE: Deadline.>> the Secretary
shall make awards not later than 270 days after issuing the notices of
funding opportunity required under the preceding proviso: Provided
further, That up to 2 percent of the amounts made available in each
fiscal year shall be for salaries and expenses, administration, and
oversight, of which $1,000,000 in each of fiscal years 2022 through 2026
shall be transferred to the Office of Inspector General of the
Department of Commerce for oversight of funding provided to the National
Telecommunications and Information Administration in this title in this
Act: Provided further, That such amount is designated by the Congress
as being for an emergency requirement pursuant to section 4112(a)
[[Page 135 STAT. 1355]]
of H. Con. Res. 71 (115th Congress), the concurrent resolution on the
budget for fiscal year 2018, and to section 251(b) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
middle mile deployment
(including transfer of funds)
For an additional amount for ``Middle Mile Deployment'',
$1,000,000,000, to remain available September 30, 2026, for competitive
grants as authorized under section 60401 of division F of this Act:
Provided, That <<NOTE: Notices. Deadline.>> the Secretary of Commerce
shall issue notices of funding opportunity not later than 180 days after
the date of enactment of this Act: Provided further,
That <<NOTE: Deadline.>> the Secretary of Commerce shall make awards
not later than 270 days after issuing the notices of funding opportunity
required under the preceding proviso: Provided further, That up to 2
percent of the amounts made available under this heading in this Act
shall be for salaries and expenses, administration, and oversight,
during fiscal years 2022 through 2026 of which $1,000,000 shall be
transferred to the Office of Inspector General of the Department of
Commerce for oversight of funding provided to the National
Telecommunications and Information Administration in this title in this
Act: Provided further, That such amount is designated by the Congress
as being for an emergency requirement pursuant to section 4112(a) of H.
Con. Res. 71 (115th Congress), the concurrent resolution on the budget
for fiscal year 2018, and to section 251(b) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
National Oceanic and Atmospheric Administration
operations, research, and facilities
For an additional amount for ``Operations, Research, and
Facilities'', $2,611,000,000, to remain available until September 30,
2027: Provided, That $557,250,000, to remain available until September
30, 2023, shall be made available for fiscal year 2022, $515,584,000, to
remain available until September 30, 2024, shall be made available for
fiscal year 2023, $515,583,000, to remain available until September 30,
2025, shall be made available for fiscal year 2024, $515,583,000, to
remain available until September 30, 2026, shall be made available for
fiscal year 2025, and $507,000,000, to remain available until September
30, 2027, shall be made available for fiscal year 2026: Provided
further, That of the funds made available under this heading in this
Act, the following amounts shall be for the following purposes in equal
amounts for each of fiscal years 2022 through 2026, including for
administrative costs, technical support, and oversight, unless stated
otherwise--
(1) $492,000,000 shall be for National Oceans and Coastal
Security Fund grants, as authorized under section 906(c) of
division O of Public Law 114-113;
(2) $491,000,000 shall be for contracts, grants, and
cooperative agreements to provide funding and technical
assistance for purposes of restoring marine, estuarine, coastal,
or Great Lakes ecosystem habitat, or constructing or protecting
ecological features that protect coastal communities from
flooding or coastal storms;
[[Page 135 STAT. 1356]]
(3) $492,000,000 shall be for coastal and inland flood and
inundation mapping and forecasting, and next-generation water
modeling activities, including modernized precipitation
frequency and probable maximum studies;
(4) $25,000,000 shall be for data acquisition activities
pursuant to section 511(b) of the Water Resources Development
Act of 2020 (division AA of Public Law 116-260), of which
$8,334,000 shall be available in fiscal year 2023 and $8,333,000
shall be available in each of fiscal years 2024 and 2025;
(5) $50,000,000 shall be for wildfire prediction, detection,
observation, modeling, and forecasting, for fiscal year 2022;
(6) $1,000,000 shall be for the study of soil moisture and
snowpack monitoring network in the Upper Missouri River Basin
pursuant to section 511(b)(3) of the Water Resources Development
Act of 2020 (division AA of Public Law 116-260), in equal
amounts for each of fiscal years 2022 through 2025;
(7) $150,000,000 shall be for marine debris assessment,
prevention, mitigation, and removal;
(8) $50,000,000 shall be for marine debris prevention and
removal through the National Sea Grant College Program (33
U.S.C. 1121 et seq.);
(9) $207,000,000 shall be for habitat restoration projects
pursuant to section 310 of the Coastal Zone Management Act (16
U.S.C. 1456c), including ecosystem conservation pursuant to
section 12502 of the Omnibus Public Land Management Act of 2009
(16 U.S.C. 1456-1), notwithstanding subsection (g) of that
section;
(10) $77,000,000 shall be for habitat restoration projects
through the National Estuarine Research Reserve System (16
U.S.C. 1456c), including ecosystem conservation pursuant to
section 12502 of the Omnibus Public Land Management Act of 2009
(16 U.S.C. 1456-1);
(11) $100,000,000 shall be for supporting improved and
enhanced coastal, ocean, and Great Lakes observing systems;
(12) $56,000,000 shall be for established Regional Ocean
Partnerships (ROPs) to coordinate the interstate and intertribal
management of ocean and coastal resources and to implement their
priority actions, including to enhance associated sharing and
integration of Federal and non-Federal data by ROPs, or their
equivalent;
(13) $20,000,000 shall be for consultations and permitting
related to the Endangered Species Act, the Marine Mammal
Protection Act, and Essential Fish Habitat; and
(14) $400,000,000 shall be for restoring fish passage by
removing in-stream barriers and providing technical assistance
pursuant to section 117 of the Magnuson-Stevens Fishery
Conservation and Management Reauthorization Act of 2006 (16
U.S.C. 1891a), of which up to 15 percent shall be reserved for
Indian Tribes or partnerships of Indian Tribes in conjunction
with an institution of higher education, non-profit, commercial
(for profit) organizations, U.S. territories, and state or local
governments, and of which the remaining amount shall be for all
eligible entities, including Indian Tribes and such partnerships
of Indian Tribes:
Provided further, That <<NOTE: Definition.>> under this heading the
term Indian Tribe shall have the meaning given to the term in section 4
of the
[[Page 135 STAT. 1357]]
Indian Self-Determination and Education Act (25 U.S.C. 5304): Provided
further, That nothing under this heading in this Act shall be construed
as providing any new authority to remove, breach, or otherwise alter the
operations of a Federal hydropower dam and dam removal projects shall
include written consent of the dam owner, if ownership is
established: <<NOTE: Consultation.>> Provided further, That amounts
made available under this heading in this Act may be used for
consultations and permitting related to the Endangered Species Act and
the Marine Mammal Protection Act for projects funded under this heading
in this Act: Provided further, That <<NOTE: Deadline. Spend plan.>>
not later than 90 days after the date of enactment of this Act, the
National Oceanic and Atmospheric Administration shall submit to the
Committees on Appropriations of the House of Representatives and the
Senate a detailed spend plan for fiscal year 2022: Provided further,
That <<NOTE: Spend plan.>> for each of fiscal years 2023 through 2026,
as part of the annual budget submission of the President under section
1105(a) of title 31, United States Code, the Secretary of Commerce shall
submit a detailed spend plan for that fiscal year: Provided further,
That <<NOTE: Waiver.>> the Secretary may waive or reduce the required
non-Federal share for amounts made available under this heading in this
Act: Provided further, That such amount is designated by the Congress
as being for an emergency requirement pursuant to section 4112(a) of H.
Con. Res. 71 (115th Congress), the concurrent resolution on the budget
for fiscal year 2018, and to section 251(b) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
procurement, acquisition and construction
For an additional amount for ``Procurement, Acquisition and
Construction'', $180,000,000, to remain available until September 30,
2024, as follows:
(1) $50,000,000 shall be for observation and dissemination
infrastructure used for wildfire prediction, detection, and
forecasting;
(2) $80,000,000 shall be for research supercomputing
infrastructure used for weather and climate model development to
improve drought, flood, and wildfire prediction, detection, and
forecasting; and
(3) $50,000,000 shall be for coastal, ocean, and Great Lakes
observing systems:
Provided, That <<NOTE: Deadline. Spend plan.>> not later than 90 days
after the date of enactment of this Act, the National Oceanic and
Atmospheric Administration shall submit to the Committees on
Appropriations of the House of Representatives and the Senate a detailed
spend plan: Provided further, That such amount is designated by the
Congress as being for an emergency requirement pursuant to section
4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution
on the budget for fiscal year 2018, and to section 251(b) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
pacific coastal salmon recovery
For an additional amount for ``Pacific Coastal Salmon Recovery'',
$172,000,000, to remain available until September 30, 2027: Provided,
That $34,400,000, to remain available until September 30, 2023, shall be
made available for fiscal year 2022, $34,400,000, to remain available
until September 30, 2024, shall
[[Page 135 STAT. 1358]]
be made available for fiscal year 2023, $34,400,000, to remain available
until September 30, 2025, shall be made available for fiscal year 2024,
$34,400,000, to remain available until September 30, 2026, shall be made
available for fiscal year 2025, and $34,400,000, to remain available
until September 30, 2027, shall be made available for fiscal year 2026:
Provided, That <<NOTE: Deadline. Spend plan.>> not later than 90 days
after the date of enactment of this Act, the National Oceanic and
Atmospheric Administration shall submit to the Committees on
Appropriations of the House of Representatives and the Senate a spend
plan for fiscal year 2022: Provided further, That for <<NOTE: Spend
plan.>> each of fiscal years 2023 through 2026, as part of the annual
budget submission of the President under section 1105(a) of title 31,
United States Code, the Secretary of Commerce shall submit a detailed
spend plan for that fiscal year: Provided further, That the
Secretary <<NOTE: Waiver.>> may waive or reduce the required non-
Federal share for amounts made available under this heading in this Act:
Provided further, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section 4112(a) of H.
Con. Res. 71 (115th Congress), the concurrent resolution on the budget
for fiscal year 2018, and to section 251(b) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
TITLE III--ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES
DEPARTMENT OF THE ARMY
Corps of Engineers--Civil
investigations
For an additional amount for ``Investigations'', $150,000,000, to
remain available until expended: Provided, That of the amount provided
under this heading in this Act, $30,000,000 shall be used by the
Secretary of the Army, acting through the Chief of Engineers, to
undertake work authorized to be carried out in accordance with section
22 of the Water Resources Development Act of 1974 (Public Law 93-251; 42
U.S.C. 1962d-16), as amended: Provided further, That of the amount
provided under this heading in this Act, $45,000,000 shall be used by
the Secretary of the Army, acting through the Chief of Engineers, to
undertake work authorized to be carried out in accordance with section
206 of the 1960 Flood Control Act (Public Law 86-645), as amended:
Provided further, That of the amount provided under this heading in this
Act, $75,000,000 shall be used for necessary expenses related to the
completion, or initiation and completion, of studies which are
authorized prior to the date of enactment of this Act, of which
$30,000,000, to become available on October 1, 2022, shall be used by
the Secretary of the Army, acting through the Chief of Engineers, to
complete, or to initiate and complete, studies carried out in accordance
with section 118 of division AA of the Consolidated Appropriations Act,
2021 (Public Law 116-260), except that the limitation on the number of
studies authorized to be carried out under section 118(b) and section
118(c) shall not apply: Provided further, That <<NOTE: Deadline. Spend
plan. List.>> not later than 60 days after the date of enactment of
this Act, the Chief of Engineers shall submit to the House and Senate
Committees on Appropriations a detailed spend plan for the funds
identified for fiscal year 2022 in the preceding proviso,
[[Page 135 STAT. 1359]]
including a list of project locations and new studies selected to be
initiated: Provided further, That <<NOTE: Deadline. Briefing. Plan.>>
not later than 60 days after the date of enactment of this Act, the
Chief of Engineers shall provide a briefing to the House and Senate
Committees on Appropriations on an implementation plan, including a
schedule for solicitation of projects and expenditure of funds, for the
funding provided for fiscal year 2023 to undertake work authorized to be
carried out in accordance with section 118 of division AA of the
Consolidated Appropriations Act, 2021 (Public Law 116-260): Provided
further, That for fiscal year 2023, <<NOTE: Spend plan. List.>> as part
of the annual budget submission of the President under section 1105(a)
of title 31, United States Code, the Chief of Engineers shall submit a
detailed spend plan for that fiscal year, including a list of project
locations for the funding provided to undertake work authorized to be
carried out in accordance with section 118 of division AA of the
Consolidated Appropriations Act, 2021 (Public Law 116-260): Provided
further, That beginning not later than 120
days <<NOTE: Reports. Studies.>> after the enactment of this Act, the
Chief of Engineers shall provide a monthly report to the Committees on
Appropriations of the House of Representatives and the Senate detailing
the allocation and obligation of the funds provided under this heading
in this Act, including new studies selected to be initiated using funds
provided under this heading: Provided further, That such amount is
designated by the Congress as being for an emergency requirement
pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the
concurrent resolution on the budget for fiscal year 2018, and to section
251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985.
construction
For an additional amount for ``Construction'', $11,615,000,000, to
remain available until expended: Provided, That the Secretary may
initiate additional new construction starts with funds provided under
this heading in this Act: Provided further, That the limitation
concerning total project costs in section 902 of the Water Resources
Development Act of 1986 (Public Law 99-662; 33 U.S.C. 2280), as amended,
shall not apply to any project completed using funds provided under this
heading in this Act: Provided further, That of the amount provided
under this heading in this Act, such sums as are necessary to cover the
Federal share of construction costs for facilities under the Dredged
Material Disposal Facilities program shall be derived from the general
fund of the Treasury: Provided further, That of the amount provided
under this heading in this Act, $1,500,000,000 shall be for major
rehabilitation, construction, and related activities for rivers and
harbors, of which not more than $250,000,000 shall be to undertake work
at harbors defined by section 2006 of the Water Resources Development
Act of 2007 (Public Law 110-114, 33 U.S.C. 2242), as amended, and not
more than $250,000,000 may be for projects determined to require repair
in the report prepared pursuant to section 1104 of the Water
Infrastructure Improvements for the Nation Act (Public Law 114-322):
Provided further, That of the amount provided under this heading in this
Act, $200,000,000 shall be for water-related environmental
infrastructure assistance: Provided further, That of the amount
provided under this heading in this Act, $2,500,000,000 shall be for
construction, replacement, rehabilitation, and expansion of inland
waterways projects: Provided further, That section 102(a)
[[Page 135 STAT. 1360]]
of the Water Resources Development Act of 1986 (Public Law 99-662; 33
U.S.C. 2212(a)) and section 109 of the Water Resources Development Act
of 2020 (Public Law 116-260; 134 Stat. 2624) shall not apply to the
extent that such projects are carried out using funds provided in the
preceding proviso: Provided further, That in using such funds referred
to in the preceding proviso, the Secretary shall give priority to
projects included in the Capital Investment Strategy of the Corps of
Engineers: Provided further, That of the amount provided under this
heading in this Act, $465,000,000 shall be used by the Secretary of the
Army, acting through the Chief of Engineers, to undertake work
authorized to be carried out in accordance with section 14, as amended,
of the Flood Control Act of 1946 (33 U.S.C. 701r), section 103, as
amended, of the River and Harbor Act of 1962 (Public Law 87-874),
section 107, as amended, of the River and Harbor Act 1960 (Public Law
86-645), section 204 of the Water Resources Development Act of 1992 (33
U.S.C. 2326), section 205 of the Flood Control Act of 1948 (33 U.S.C.
701s), section 206 of the Water Resources Development Act of 1996
(Public Law 104-303; 33 U.S.C. 2330), section 1135 of the Water
Resources Development Act of 1986 (Public Law 99-662; 33 U.S.C. 2309a),
or section 165(a) of division AA of the Consolidated Appropriations Act,
2021 (Public Law 116-260), notwithstanding the project number or program
cost limitations set forth in those sections: Provided further, That of
the amounts in the preceding proviso, $115,000,000, shall be used under
the aquatic ecosystem restoration program under section 206 of the Water
Resources Development Act of 1996 (33 U.S.C. 2330) to restore fish and
wildlife passage by removing in-stream barriers and provide technical
assistance to non-Federal interests carrying out such activities, at
full Federal expense and notwithstanding the individual project cost
limitation set forth in that section: Provided further, That the
amounts provided in the preceding proviso shall not be construed to
provide any new authority to remove, breach, or otherwise alter the
operations of a Federal hydropower dam, and do not limit the Secretary
of the Army, acting through the Chief of Engineers, from allotting
additional funds from amounts provided under this heading in this Act
for other purposes allowed under section 206 of the Water Resources
Development Act of 1996 (33 U.S.C. 2330): Provided further, That of the
amount provided under this heading in this Act, $1,900,000,000 shall be
for aquatic ecosystem restoration projects, of which not less than
$1,000,000,000 shall be for multi-purpose projects or multi-purpose
programs that include aquatic ecosystem restoration as a purpose:
Provided further, That of the amount provided under this heading in this
Act, $2,550,000,000 shall be for coastal storm risk management,
hurricane and storm damage reduction projects, and related activities
targeting States that have been impacted by federally declared disasters
over the last six years, which may include projects authorized by
section 116 of Public Law 111-85, of which not less than $1,000,000,000
shall be for multi-purpose projects or multi-purpose programs that
include flood risk management benefits as a purpose: Provided further,
That of the amount provided in the preceding proviso, $200,000,000 shall
be for shore protection projects: Provided further, That of the funds
in the preceding proviso, $100,000,000, to remain available until
expended, shall be made available for fiscal year 2022, $50,000,000, to
remain available until expended, shall be made available for fiscal year
2023, and
[[Page 135 STAT. 1361]]
$50,000,000, to remain available until expended, shall be made available
for fiscal year 2024: Provided further, That of the amount provided
under this heading in this Act, $2,500,000,000 shall be for inland flood
risk management projects, of which not less than $750,000,000 shall be
for multi-purpose projects or multi-purpose programs that include flood
risk management as a purpose: Provided further, That in selecting
projects under the previous proviso, the Secretary of the Army shall
prioritize projects with overriding life-safety benefits: Provided
further, That of the funds in the proviso preceding the preceding
proviso, the Secretary of the Army shall, to the maximum extent
practicable, prioritize projects in the work plan that directly benefit
economically disadvantaged communities, and may take into consideration
prioritizing projects that benefit areas in which the percentage of
people that live in poverty or identify as belonging to a minority group
is greater than the average such percentage in the United States, based
on data from the Bureau of the Census: <<NOTE: Deadline. Spend
plan. List.>> Provided further, That not later than 60 days after the
date of enactment of this Act, the Chief of Engineers shall submit to
the House and Senate Committees on Appropriations a detailed spend plan
for the funds provided under this heading in this Act for each fiscal
year, including a list of project locations and new construction
projects selected to be initiated: Provided further,
That <<NOTE: Reports.>> beginning not later than 120 days after the
enactment of this Act, the Chief of Engineers shall provide a monthly
report to the Committees on Appropriations of the House of
Representatives and the Senate detailing the allocation and obligation
of these funds, including new construction projects selected to be
initiated using funds provided under this heading in this Act: Provided
further, That such amount is designated by the Congress as being for an
emergency requirement pursuant to section 4112(a) of H. Con. Res. 71
(115th Congress), the concurrent resolution on the budget for fiscal
year 2018, and to section 251(b) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
mississippi river and tributaries
For an additional amount for ``Mississippi River and Tributaries'',
$808,000,000, to remain available until expended: Provided, That of the
amount provided under this heading in this Act, $258,000,000, which
shall be obligated within 90 days of enactment of this Act, shall be
used for necessary expenses to address emergency situations at Corps of
Engineers Federal projects caused by natural disasters: Provided
further, That the Secretary may initiate additional new construction
starts with funds provided under this heading in this Act: Provided
further, That the limitation concerning total project costs in section
902 of the Water Resources Development Act of 1986 (Public Law 99-662;
33 U.S.C. 2280), as amended, shall not apply to any project receiving
funds provided under this heading in this Act: <<NOTE: Deadline. Spend
plan. List.>> Provided further, That not later than 60 days after the
date of enactment of this Act, the Chief of Engineers shall submit to
the House and Senate Committees on Appropriations a detailed spend plan
for fiscal year 2022, including a list of project locations and
construction projects selected to be initiated: Provided further, That
of the amount provided under this heading in this Act, such sums as are
necessary to cover the Federal share of eligible operation and
maintenance costs
[[Page 135 STAT. 1362]]
for inland harbors shall be derived from the general fund of the
Treasury: Provided further, That <<NOTE: Reports.>> beginning not
later than 120 days after the enactment of this Act, the Chief of
Engineers shall provide a monthly report to the Committees on
Appropriations of the House of Representatives and the Senate detailing
the allocation and obligation of these funds, including construction
projects selected to be initiated using funds provided under this
heading in this Act: Provided further, That such amount is designated
by the Congress as being for an emergency requirement pursuant to
section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent
resolution on the budget for fiscal year 2018, and to section 251(b) of
the Balanced Budget and Emergency Deficit Control Act of 1985.
operation and maintenance
(including transfer of funds)
For an additional amount for ``Operations and Maintenance'',
$4,000,000,000, to remain available until expended: Provided, That
$2,000,000,000, to remain available until expended, shall be made
available for fiscal year 2022, $1,000,000,000, to remain available
until expended, shall be made available for fiscal year 2023,
$1,000,000,000, to remain available until expended, shall be made
available for fiscal year 2024: Provided further, That of the amount
provided under this heading in this Act for fiscal year 2022,
$626,000,000, which shall be obligated within 90 days of enactment of
this Act, shall be used for necessary expenses to dredge Federal
navigation projects in response to, and repair damages to Corps of
Engineers Federal projects caused by, natural disasters: Provided
further, That of the amount provided under this heading in this Act,
$40,000,000 shall be to carry out Soil Moisture and Snowpack Monitoring
activities, as authorized in section 4003(a) of the Water Resources
Reform and Development Act of 2014, as amended: Provided further,
That <<NOTE: Deadline. Spend plan. List.>> not later than 60 days after
the date of enactment of this Act, the Chief of Engineers shall submit
to the House and Senate Committees on Appropriations a detailed spend
plan for fiscal year 2022, including a list of project locations, other
than for the amount for natural disasters identified in the second
proviso: Provided further, That <<NOTE: Spend plan. List.>> for fiscal
years 2023 and 2024, as part of the annual budget submission of the
President under section 1105(a) of title 31, United States Code, the
Chief of Engineers shall submit a detailed spend plan for that fiscal
year, including a list of project locations: Provided further, That of
the amount provided under this heading in this Act, such sums as are
necessary to cover the Federal share of eligible operation and
maintenance costs for coastal harbors and channels, and for inland
harbors shall be derived from the general fund of the Treasury:
Provided further, That up to three percent of the amounts made available
under this heading in this Act for any fiscal year may be transferred to
``Regulatory Program'' or ``Expenses'' to carry out activities funded by
those accounts: <<NOTE: Advance notice.>> Provided further, That the
Committees on Appropriations of the Senate and the House of
Representatives shall be notified at least 30 days in advance of any
transfer made pursuant to the preceding proviso: Provided further, That
such amount is designated by the Congress as being for an emergency
requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th
Congress), the concurrent resolution on the
[[Page 135 STAT. 1363]]
budget for fiscal year 2018, and to section 251(b) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
regulatory program
For an additional amount for ``Regulatory Program'', $160,000,000,
to remain available until September 30, 2026: Provided, That such
amount is designated by the Congress as being for an emergency
requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th
Congress), the concurrent resolution on the budget for fiscal year 2018,
and to section 251(b) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
flood control and coastal emergencies
For an additional amount for ``Flood Control and Coastal
Emergencies'', $251,000,000, to remain available until expended:
Provided, That funding provided under this heading in this Act and
utilized for authorized shore protection projects shall restore such
projects to the full project profile at full Federal expense: Provided
further, That such amount is designated by the Congress as being for an
emergency requirement pursuant to section 4112(a) of H. Con. Res. 71
(115th Congress), the concurrent resolution on the budget for fiscal
year 2018, and to section 251(b) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
expenses
For an additional amount for ``Expenses'', $40,000,000, to remain
available until expended: Provided, That such amount is designated by
the Congress as being for an emergency requirement pursuant to section
4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution
on the budget for fiscal year 2018, and to section 251(b) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
water infrastructure finance and innovation program account
For an additional amount for ``Water Infrastructure Finance and
Innovation Program Account'', $75,000,000, to remain available until
expended: Provided, That of the amounts provided under this heading in
this Act, $64,000,000 shall be for the cost of direct loans and for the
cost of guaranteed loans, for safety projects to maintain, upgrade, and
repair dams identified in the National Inventory of Dams with a primary
owner type of state, local government, public utility, or private:
Provided further, That no project may be funded with amounts provided
under this heading for a dam that is identified as jointly owned in the
National Inventory of Dams and where one of those joint owners is the
Federal Government: Provided further, That of the amounts provided
under this heading in this Act $11,000,000 shall be for administrative
expenses to carry out the direct and guaranteed loan programs,
notwithstanding section 5033 of the Water Infrastructure Finance and
Innovation Act of 2014: Provided further, That such amount is
designated by the Congress as being for an emergency requirement
pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the
concurrent resolution on the budget for fiscal year 2018, and
[[Page 135 STAT. 1364]]
to section 251(b) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
general provisions--corps of engineers
Sec. 300. For projects that are carried out with funds under this
heading, the Secretary of the Army and the Director of the Office of
Management and Budget shall consider other factors in addition to the
benefit-cost ratio when determining the economic benefits of projects
that benefit disadvantaged communities.
DEPARTMENT OF THE INTERIOR
Central Utah Project
central utah project completion account
For an additional amount for ``Central Utah Project Completion
Account'', $50,000,000, to remain available until expended, of which
$10,000,000 shall be deposited into the Utah Reclamation Mitigation and
Conservation Account for use by the Utah Reclamation Mitigation and
Conservation Commission: Provided, That such amount is designated by
the Congress as being for an emergency requirement pursuant to section
4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution
on the budget for fiscal year 2018, and to section 251(b) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Bureau of Reclamation
water and related resources
(including transfer of funds)
For an additional amount for ``Water and Related Resources'',
$8,300,000,000, to remain available until expended: Provided, That
$1,660,000,000, to remain available until expended, shall be made
available for fiscal year 2022, $1,660,000,000, to remain available
until expended, shall be made available for fiscal year 2023,
$1,660,000,000, to remain available until expended, shall be made
available for fiscal year 2024, $1,660,000,000, to remain available
until expended, shall be made available for fiscal year 2025,
$1,660,000,000, to remain available until expended, shall be made
available for fiscal year 2026: Provided further, That of the amount
provided under this heading in this Act for fiscal years 2022 through
2026, $1,150,000,000 shall be for water storage, groundwater storage,
and conveyance projects in accordance with section 40902 of division D
of this Act: Provided further, That of the funds identified in the
preceding proviso, $100,000,000 shall be available for small surface
water and ground water storage projects authorized in section 40903 of
division D of this Act: Provided further, That of the amount provided
under this heading in this Act, $3,200,000,000 shall be available for
transfer into the Aging Infrastructure Account established by section
9603(d)(1) of the Omnibus Public Land Management Act of 2009, as amended
(43 U.S.C. 510b(d)(1)): Provided further, That of the funds identified
in the preceding proviso, $100,000,000 shall be made available for
reserved
[[Page 135 STAT. 1365]]
or transferred works that have suffered a critical failure, in
accordance with section 40904(a) of division D of this Act, and
$100,000,000 shall be made available for dam rehabilitation,
reconstruction, or replacement in accordance with section 40904(b) of
division D of this Act: Provided further, That of the amount provided
under this heading in this Act for fiscal years 2022 through 2026,
$1,000,000,000 shall be for rural water projects that have been
authorized by an Act of Congress before July 1, 2021, in accordance with
the Reclamation Rural Water Supply Act of 2006 (43 U.S.C. 2401 et seq.):
Provided further, That of the amount provided under this heading in
this Act for fiscal years 2022 through 2026, $1,000,000,000 shall be for
water recycling and reuse projects: Provided further, That of the funds
identified in the preceding proviso, $550,000,000 shall be for water
recycling and reuse projects authorized in accordance with the
Reclamation Wastewater and Groundwater Study and Facilities Act (42
U.S.C. 390h et seq.), as described in section 40901(4)(A) of division D
of this Act, and $450,000,000 shall be for large-scale water recycling
and reuse projects in accordance with section 40905 of division D of
this Act: Provided further, That of the amount provided under this
heading in this Act for fiscal years 2022 through 2026, $250,000,000
shall be for water desalination projects in accordance with the Water
Desalinization Act of 1996 (42 U.S.C. 10301 note; Public Law 104-298),
as described in section 40901(5) of division D of this Act: Provided
further, That of the amount provided under this heading in this Act for
fiscal years 2022 through 2026, $500,000,000 shall be for the safety of
dams program, in accordance with the Reclamation Safety of Dams Act of
1978 (43 U.S.C. 506 et seq.): Provided further, That of the amount
provided under this heading in this Act for fiscal years 2022 through
2026, $400,000,000 shall be for WaterSMART Grants in accordance with
section 9504 of the Omnibus Public Land Management Act of 2009 (42
U.S.C. 10364): Provided further, That of the funds identified in the
preceding proviso, $100,000,000 shall be for projects that would improve
the condition of a natural feature or nature-based feature, as described
in section 40901(7) of division D of this Act: Provided further, That
of the amount provided under this heading in this Act for fiscal years
2022 through 2026, $300,000,000 shall be for implementing the drought
contingency plan consistent with the obligations of the Secretary under
the Colorado River Drought Contingency Plan Authorization Act (Public
Law 116-14; 133 Stat. 850), as described in section 40901(8) of division
D of this Act: Provided further, That of the funds identified in the
preceding proviso, $50,000,000 shall be for use in accordance with the
Drought Contingency Plan for the Upper Colorado River Basin: Provided
further, That of the amount provided under this heading in this Act for
fiscal years 2022 through 2026, $100,000,000 shall be to provide
financial assistance for watershed management projects in accordance
with subtitle A of title VI of the Omnibus Public Land Management Act of
2009 (16 U.S.C. 1015 et seq.): Provided further, That of the amount
provided under this heading in this Act for fiscal years 2022 through
2026, $250,000,000 shall be for design, study and construction of
aquatic ecosystem restoration and protection projects in accordance with
section 1109 of the Consolidated Appropriations Act, 2021: Provided
further, That of the amount provided under this heading in this Act for
fiscal years 2022 through 2026, $100,000,000 shall be for multi-benefit
[[Page 135 STAT. 1366]]
projects to improve watershed health in accordance with section 40907 of
division D of this Act: Provided further, That of the amounts provided
under this heading in this Act for fiscal years 2022 through 2026,
$50,000,000 shall be for endangered species recovery and conservation
programs in the Colorado River Basin in accordance with Public Law 106-
392, title XVIII of Public Law 102-575, and subtitle E of title IX of
Public Law 111-11: Provided further, That up to three percent of the
amounts made available under this heading in this Act in each of fiscal
years 2022 through 2026 shall be for program administration and policy
expenses: Provided further, That <<NOTE: Deadline. Spend plan. List.>>
not later than 60 days after the date of enactment of this Act, the
Secretary of the Interior shall submit to the House and Senate
Committees on Appropriations a detailed spend plan, including a list of
project locations of the preceding proviso, to be funded for fiscal year
2022: <<NOTE: Reports.>> Provided further, That beginning not later
than 120 days after the enactment of this Act, the Secretary of the
Interior shall provide a monthly report to the Committees on
Appropriations of the House of Representatives and the Senate detailing
the allocation and obligation of the funds provided under this heading
in this Act: Provided further, That for fiscal years 2023 <<NOTE: Spend
plan. List.>> through 2026, as part of the annual budget submission of
the President under section 1105(a) of title 31, United States Code, the
Secretary of the Interior shall submit a detailed spend plan for those
fiscal years, including a list of project locations: Provided further,
That such amount is designated by the Congress as being for an emergency
requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th
Congress), the concurrent resolution on the budget for fiscal year 2018,
and to section 251(b) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
DEPARTMENT OF ENERGY
ENERGY PROGRAMS
Energy Efficiency and Renewable Energy
For an additional amount for ``Energy Efficiency and Renewable
Energy'', $16,264,000,000 to remain available until expended: Provided,
That of the amount provided under this heading in this Act, $250,000,000
shall be for activities for the Energy Efficiency Revolving Loan Fund
Capitalization Grant Program, as authorized under section 40502 of
division D of this Act: Provided further, That of the amount provided
under this heading in this Act, $40,000,000 shall be for grants for the
Energy Auditor Training Grant Program, as authorized under section 40503
of division D of this Act: Provided further, That of the amount
provided under the heading in this Act, $225,000,000 shall be for grants
for implementing of updated building energy codes, as authorized under
section 309 of the Energy Conservation and Production Act (42 U.S.C.
6831 et seq.), as amended by section 40511(a) of division D of this Act:
Provided further, That of the funds in the preceding proviso,
$45,000,000, to remain available until expended, shall be made available
for fiscal year 2022, $45,000,000, to remain available until expended,
shall be made available for fiscal year 2023, $45,000,000, to remain
available until expended, shall be made available for fiscal year 2024,
$45,000,000, to remain available
[[Page 135 STAT. 1367]]
until expended, shall be made available for fiscal year 2025, and
$45,000,000, to remain available until expended, shall be made available
for fiscal year 2026: Provided further, That of the amount provided
under this heading in this Act, $10,000,000 shall be for Building,
Training, and Assessment Centers, as authorized under section 40512 of
division D of this Act: Provided further, That of the amount provided
under this heading in this Act, $10,000,000 shall be for grants for
Career Skills Training, as authorized under section 40513 of division D
of this Act: Provided further, That of the amount provided under this
heading in this Act, $150,000,000 shall be for activities for Industrial
Research and Assessment Centers, as authorized under subsections (a)
through (h) of section 457 of the Energy Independence and Security Act
of 2007 (42 U.S.C. 17111 et seq.), as amended by section 40521(b) of
division D of this Act: Provided further, That of the funds in the
preceding proviso, $30,000,000, to remain available until expended,
shall be made available for fiscal year 2022, $30,000,000, to remain
available until expended, shall be made available for fiscal year 2023,
$30,000,000, to remain available until expended, shall be made available
for fiscal year 2024, $30,000,000, to remain available until expended,
shall be made available for fiscal year 2025, and $30,000,000, to remain
available until expended, shall be made available for fiscal year 2026:
Provided further, That of the amount provided under this heading in this
Act, $400,000,000 shall be for activities for Implementation Grants for
Industrial Research and Assessment Centers, as authorized under section
457(i) of the Energy Independence and Security Act of 2007 (42 U.S.C.
17111 et seq.), as amended by section 40521(b) of division D of this
Act: Provided further, That of the funds in the preceding two provisos,
$80,000,000, to remain available until expended, shall be made available
for fiscal year 2022, $80,000,000, to remain available until expended,
shall be made available for fiscal year 2023, $80,000,000, to remain
available until expended, shall be made available for fiscal year 2024,
$80,000,000, to remain available until expended, shall be made available
for fiscal year 2025, and $80,000,000, to remain available until
expended, shall be made available for fiscal year 2026: Provided
further, That of the amount provided under this heading in this Act,
$50,000,000 shall be for carrying out activities for Manufacturing
Leadership, as authorized under section 40534 of division D of this Act:
Provided further, That of the amount provided under this heading in
this Act, $500,000,000 shall be for grants for Energy Efficiency
Improvements and Renewable Energy Improvements at Public School
Facilities, as authorized under section 40541 of division D of this Act:
Provided further, That of the funds in the preceding proviso,
$100,000,000, to remain available until expended, shall be made
available for fiscal year 2022, $100,000,000, to remain available until
expended, shall be made available for fiscal year 2023, $100,000,000, to
remain available until expended, shall be made available for fiscal year
2024, $100,000,000, to remain available until expended, shall be made
available for fiscal year 2025, and $100,000,000, to remain available
until expended, shall be made available for fiscal year 2026: Provided
further, That of the amount provided under this heading in this Act,
$50,000,000 shall be for grants for the Energy Efficiency Materials
Pilot Program, as authorized under section 40542 of division D of this
Act: Provided further, That of the amount provided under this heading
in this Act and in addition
[[Page 135 STAT. 1368]]
to amounts otherwise made available for this purpose, $3,500,000,000
shall be for carrying out activities for the Weatherization Assistance
Program, as authorized under part A of title IV of the Energy
Conservation and Production Act (42 U.S.C. 6861 et seq.): Provided
further, That of the amount provided under this heading in this Act and
in addition to amounts otherwise made available for this purpose,
$550,000,000 shall be for carrying out activities for the Energy
Efficiency and Conservation Block Grant Program, as authorized under
section 542(a) of the Energy Independence and Security Act of 2007 (42
U.S.C. 17152(a)): Provided further, That of the amount provided under
this heading in this Act, $250,000,000 shall be for grants for the
Assisting Federal Facilities with Energy Conservation Technologies Grant
Program, as authorized under section 546(b) of the National Energy
Conservation Policy Act (42 U.S.C. 8256(b)): Provided further, That of
the amount provided under this heading in this Act, $10,000,000 shall be
for extended product system rebates, as authorized under section 1005 of
the Energy Act of 2020 (42 U.S.C. 6311 note; Public Law 116-260):
Provided further, That of the amount provided under this heading in this
Act, $10,000,000 shall be for energy efficient transformer rebates, as
authorized under section 1006 of the Energy Act of 2020 (42 U.S.C. 6317
note; Public Law 116-260): Provided further, That of the amount
provided under this heading in this Act, $3,000,000,000, to remain
available until expended, shall be for Battery Material Processing
Grants, as authorized under section 40207(b) of division D of this Act:
Provided further, That of the funds in the preceding proviso,
$600,000,000, to remain available until expended, shall be made
available for fiscal year 2022, $600,000,000, to remain available until
expended, shall be made available for fiscal year 2023, $600,000,000, to
remain available until expended, shall be made available for fiscal year
2024, $600,000,000, to remain available until expended, shall be made
available for fiscal year 2025, and $600,000,000, to remain available
until expended, shall be made available for fiscal year 2026: Provided
further, That of the amount provided under this heading in this Act,
$3,000,000,000 shall be for Battery Manufacturing and Recycling Grants,
as authorized under section 40207(c) of division D of this Act:
Provided further, That of the funds in the preceding proviso,
$600,000,000, to remain available until expended, shall be made
available for fiscal year 2022, $600,000,000, to remain available until
expended, shall be made available for fiscal year 2023, $600,000,000, to
remain available until expended, shall be made available for fiscal year
2024, $600,000,000, to remain available until expended, shall be made
available for fiscal year 2025, and $600,000,000, to remain available
until expended, shall be made available for fiscal year 2026: Provided
further, That of the amount provided under this heading in this Act,
$125,000,000 shall be to carry out activities, as authorized under
section 40207(f) of division D of this Act: Provided further, That of
the amount provided under this heading in this Act, $10,000,000 shall be
for a Lithium-Ion Battery Recycling Prize Competition, as authorized
under section 40207(e) of division D of this Act: Provided further,
That of the amount provided under this heading in this Act, $200,000,000
shall be for grants for the Electric Drive Vehicle Battery Recycling and
Second-Life Applications Program, as authorized under subsection (k) of
section 641 of the Energy Independence and Security Act of 2007 (42
U.S.C. 17231), as amended by section
[[Page 135 STAT. 1369]]
40208(1) of division D of this Act: Provided further, That of the funds
in the preceding proviso, $40,000,000, to remain available until
expended, shall be made available for fiscal year 2022, $40,000,000, to
remain available until expended, shall be made available for fiscal year
2023, $40,000,000, to remain available until expended, shall be made
available for fiscal year 2024, $40,000,000, to remain available until
expended, shall be made available for fiscal year 2025, and $40,000,000,
to remain available until expended, shall be made available for fiscal
year 2026: Provided further, That of the amount provided under this
heading in this Act, $750,000,000 shall be for grants for the Advanced
Energy Manufacturing and Recycling Grant Program, as authorized under
section 40209 of division D of this Act: Provided further, That of the
funds in the preceding proviso, $150,000,000, to remain available until
expended, shall be made available for fiscal year 2022, $150,000,000, to
remain available until expended, shall be made available for fiscal year
2023, $150,000,000, to remain available until expended, shall be made
available for fiscal year 2024, $150,000,000, to remain available until
expended, shall be made available for fiscal year 2025, and
$150,000,000, to remain available until expended, shall be made
available for fiscal year 2026: Provided further, That of the amount
provided under this heading in this Act, $500,000,000 shall be for
activities for the Clean Hydrogen Manufacturing Recycling Research,
Development, and Demonstration Program, as authorized under section 815
of the Energy Policy Act of 2005 (42 U.S.C. 16151 et seq.), as amended
by section 40314 of division D of this Act: Provided further, That of
the funds in the preceding proviso, $100,000,000, to remain available
until expended, shall be made available for fiscal year 2022,
$100,000,000, to remain available until expended, shall be made
available for fiscal year 2023, $100,000,000, to remain available until
expended, shall be made available for fiscal year 2024, $100,000,000, to
remain available until expended, shall be made available for fiscal year
2025, and $100,000,000, to remain available until expended, shall be
made available for fiscal year 2026: Provided further, That of the
amount provided under the heading in this Act, $1,000,000,000 shall be
for activities for the Clean Hydrogen Electrolysis Program, as
authorized under section 816 of the Energy Policy Act of 2005 (42 U.S.C.
16151 et seq.), as amended by section 40314 of division D of this Act:
Provided further, That of the funds in the preceding proviso,
$200,000,000, to remain available until expended, shall be made
available for fiscal year 2022, $200,000,000, to remain available until
expended, shall be made available for fiscal year 2023, $200,000,000, to
remain available until expended, shall be made available for fiscal year
2024, $200,000,000, to remain available until expended, shall be made
available for fiscal year 2025, and $200,000,000, to remain available
until expended, shall be made available for fiscal year 2026: Provided
further, That of the amount provided under this heading in this Act,
$500,000,000 shall be for carrying out activities for the State Energy
Program, as authorized under part D of title III of the Energy Policy
and Conservation Act (42 U.S.C. 6321 et seq.), as amended by section
40109 of division D of this Act: Provided further, That of the amount
provided under this heading in this Act, $125,000,000 shall be for
carrying out activities under section 242 of the Energy Policy Act of
2005 (42 U.S.C. 15881), as amended by section 40331 of division D of
this Act: Provided
[[Page 135 STAT. 1370]]
further, That of the amount provided under this heading in this Act,
$75,000,000 shall be for carrying out activities under section 243 of
the Energy Policy Act of 2005 (42 U.S.C. 15882), as amended by section
40332 of division D of this Act: Provided further, That of the amount
provided under this heading in this Act, $553,600,000 shall be for
activities for Hydroelectric Incentives, as authorized under section 247
of the Energy Policy Act of 2005 (Public Law 109-58; 119 Stat. 674), as
amended by section 40333(a) of division D of this Act: Provided
further, That of the funds in the preceding proviso, $276,800,000, to
remain available until expended, shall be made available for fiscal year
2022, $276,800,000, to remain available until expended, shall be made
available for fiscal year 2023: Provided further, That of the amount
provided under the heading in this Act, $10,000,000 shall be for
activities for the Pumped Storage Hydropower Wind and Solar Integration
and System Reliability Initiative, as authorized under section 3201 of
the Energy Policy Act of 2020 (42 U.S.C. 17232), as amended by section
40334 of division D of this Act: Provided further, That of the amount
provided under this heading in this Act, $36,000,000 shall be for
carrying out activities, as authorized under section 634 of the Energy
Independence and Security Act of 2007 (42 U.S.C. 17213): Provided
further, That of the amount provided under this heading in this Act,
$70,400,000 shall be for carrying out activities, as authorized under
section 635 of the Energy Independence and Security Act of 2007 (42
U.S.C.17214): Provided further, That of the amount provided under this
heading in this Act, $40,000,000 shall be for carrying out activities
for the National Marine Energy Centers, as authorized under section 636
of the Energy Independence and Security Act of 2007 (42 U.S.C. 17215):
Provided further, That of the amount provided under this heading in this
Act, $84,000,000 shall be for carrying out activities under section
615(d) of the Energy Independence and Security Act of 2007 (42 U.S.C.
17194(d)): Provided further, That of the amount provided under this
heading in this Act, $60,000,000 shall be for carrying out activities
for the Wind Energy Technology Program, as authorized under section
3003(b)(2) of the Energy Act of 2020 (42 U.S.C. 16237(b)(2)): Provided
further, That of the amount provided under this heading in this Act,
$40,000,000 shall be for carrying out activities for the Wind Energy
Technology Recycling Research, Development, and Demonstration Program,
as authorized under section 3003(b)(4) of the Energy Act of 2020 (42
U.S.C. 16237(b)(4)): Provided further, That of the amount provided
under this heading in this Act, $40,000,000 shall be for carrying out
activities under section 3004(b)(2) of the Energy Act of 2020 (42 U.S.C.
16238(b)(2)): Provided further, That of the amount provided under this
heading in this Act, $20,000,000 shall be for carrying out activities
under section 3004(b)(3) of the Energy Act of 2020 (42 U.S.C.
16238(b)(3)): Provided further, That of the amount provided under this
heading in this Act, $20,000,000 shall be for carrying out activities
under section 3004(b)(4) of the Energy Act of 2020 (42 U.S.C.
16238(b)(4)): <<NOTE: Deadline. Spend plan.>> Provided further, That
not later than 90 days after the date of enactment of this Act, the
Secretary of Energy shall submit to the House and Senate Committees on
Appropriations and the Senate Committee on Energy and Natural Resources
and the House Committee on Energy and Commerce a detailed spend plan for
fiscal year 2022: <<NOTE: Spend plan.>> Provided further, That for
each fiscal year through 2026, as part of the annual budget
[[Page 135 STAT. 1371]]
submission of the President under section 1105(a) of title 31, United
States Code, the Secretary of Energy shall submit a detailed spend plan
for that fiscal year: Provided further, That up to three percent of the
amounts made available under this heading in this Act in each of fiscal
years 2022 through 2026 shall be for program direction: Provided
further, That such amount is designated by the Congress as being for an
emergency requirement pursuant to section 4112(a) of H. Con. Res. 71
(115th Congress), the concurrent resolution on the budget for fiscal
year 2018, and to section 251(b) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
Cybersecurity, Energy Security, and Emergency Response
For an additional amount for ``Cybersecurity, Energy Security, and
Emergency Response'', $550,000,000, to remain available until expended:
Provided, That of the amount provided under this heading in this Act,
$250,000,000 shall be to carry out activities under the Cybersecurity
for the Energy Sector Research, Development, and Demonstration Program,
as authorized in section 40125(b) of division D of this Act: Provided
further, That of the funds in the preceding proviso, $50,000,000, to
remain available until expended, shall be made available for fiscal year
2022, $50,000,000, to remain available until expended, shall be made
available for fiscal year 2023, $50,000,000, to remain available until
expended, shall be made available for fiscal year 2024, $50,000,000, to
remain available until expended, shall be made available for fiscal year
2025, and $50,000,000, to remain available until expended, shall be made
available for fiscal year 2026: Provided further, That of the amount
provided under this heading in this Act, $50,000,000 shall be to carry
out activities under the Energy Sector Operational Support for
Cyberresilience Program, as authorized in section 40125(c) of division D
of this Act: Provided further, That of the amount provided under this
heading in this Act, $250,000,000, to carry out activities under the
Rural and Municipal Utility Advanced Cybersecurity Grant and Technical
Assistance Program, as authorized in section 40124 of division D of this
Act: Provided further, That $50,000,000, to remain available until
expended, shall be made available for fiscal year 2022, $50,000,000, to
remain available until expended, shall be made available for fiscal year
2023, $50,000,000, to remain available until expended, shall be made
available for fiscal year 2024, $50,000,000, to remain available until
expended, shall be made available for fiscal year 2025, and $50,000,000,
to remain available until expended, shall be made available for fiscal
year 2026: Provided further, That <<NOTE: Deadline. Spend plan.>> not
later than 90 days after the date of enactment of this Act, the
Secretary of Energy shall submit to the House and Senate Committees on
Appropriations and the Senate Committee on Energy and Natural Resources
and the House Committee on Energy and Commerce a detailed spend plan for
fiscal year 2022: Provided further, That <<NOTE: Spend plan.>> for
each fiscal year through 2026, as part of the annual budget submission
of the President under section 1105(a) of title 31, United States Code,
the Secretary of Energy shall submit a detailed spend plan for that
fiscal year: Provided further, That up to three percent of the amounts
made available under this heading in this Act in each of fiscal years
2022 through 2026 shall be for program direction: Provided further,
[[Page 135 STAT. 1372]]
That such amount is designated by the Congress as being for an emergency
requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th
Congress), the concurrent resolution on the budget for fiscal year 2018,
and to section 251(b) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Electricity
For an additional amount for ``Electricity'', $8,100,000,000, to
remain available until expended: Provided, That of the amount provided
under this heading in this Act, $5,000,000,000 shall be for grants under
section 40101 of division D of this Act: Provided further, That of the
funds in the preceding proviso, $1,000,000,000, to remain available
until expended, shall be made available for fiscal year 2022,
$1,000,000,000, to remain available until expended, shall be made
available for fiscal year 2023, $1,000,000,000, to remain available
until expended, shall be made available for fiscal year 2024,
$1,000,000,000, to remain available until expended, shall be made
available for fiscal year 2025, and $1,000,000,000, to remain available
until expended, shall be made available for fiscal year 2026: Provided
further, That of the amount provided under this heading in this Act,
$50,000,000 shall be to carry out the Transmission Facilitation Program,
including for any administrative expenses of carrying out the program,
as authorized in section 40106(d)(3) of division D of this Act:
Provided further, That of the funds in the preceding proviso,
$10,000,000, to remain available until expended, shall be made available
for fiscal year 2022, $10,000,000, to remain available until expended,
shall be made available for fiscal year 2023, $10,000,000, to remain
available until expended, shall be made available for fiscal year 2024,
$10,000,000, to remain available until expended, shall be made available
for fiscal year 2025, and $10,000,000, to remain available until
expended, shall be made available for fiscal year 2026: Provided
further, That of the amount provided under this heading in this Act and
in addition to amounts otherwise made available for this purpose,
$3,000,000,000, to remain available until expended, shall be to carry
out activities under the Smart Grid Investment Matching Grant Program,
as authorized in section 1306 of the Energy Independence and Security
Act of 2007 (42 U.S.C. 17386), as amended by section 40107 of division D
of this Act: Provided further, That of the funds in the preceding
proviso, $600,000,000, to remain available until expended, shall be made
available for fiscal year 2022, $600,000,000, to remain available until
expended, shall be made available for fiscal year 2023, $600,000,000, to
remain available until expended, shall be made available for fiscal year
2024, $600,000,000, to remain available until expended, shall be made
available for fiscal year 2025, and $600,000,000, to remain available
until expended, shall be made available for fiscal year 2026: Provided
further, That of the amount provided under this heading in this Act,
$50,000,000 shall be to carry out an advanced energy security program to
secure energy networks, as authorized under section 40125(d) of division
D of this Act: Provided further, That not later than 90
days <<NOTE: Deadline. Spend plan.>> after the date of enactment of
this Act, the Secretary of Energy shall submit to the House and Senate
Committees on Appropriations and the Senate Committee on Energy and
Natural Resources and the House Committee on Energy and Commerce a
detailed spend plan for fiscal year 2022: Provided
[[Page 135 STAT. 1373]]
further, That <<NOTE: Spend plan.>> for each fiscal year through 2026,
as part of the annual budget submission of the President under section
1105(a) of title 31, United States Code, the Secretary of Energy shall
submit a detailed spend plan for that fiscal year: Provided further,
That up to three percent of the amounts made available under this
heading in this Act in each of fiscal years 2022 through 2026 shall be
for program direction: Provided further, That such amount is designated
by the Congress as being for an emergency requirement pursuant to
section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent
resolution on the budget for fiscal year 2018, and to section 251(b) of
the Balanced Budget and Emergency Deficit Control Act of 1985.
Nuclear Energy
For an additional amount for ``Nuclear Energy'', $6,000,000,000, to
remain available until expended, to carry out activities under the Civil
Nuclear Credit Program, as authorized in section 40323 of division D of
this Act: Provided, That $1,200,000,000, to remain available until
expended, shall be made available for fiscal year 2022, $1,200,000,000,
to remain available until expended, shall be made available for fiscal
year 2023, $1,200,000,000, to remain available until expended, shall be
made available for fiscal year 2024, $1,200,000,000, to remain available
until expended, shall be made available for fiscal year 2025, and
$1,200,000,000, to remain available until expended, shall be made
available for fiscal year 2026: Provided further,
That <<NOTE: Deadline. Spend plan.>> not later than 90 days after the
date of enactment of this Act, the Secretary of Energy shall submit to
the House and Senate Committees on Appropriations a detailed spend plan
for fiscal year 2022: <<NOTE: Spend plan.>> Provided further, That for
each fiscal year through 2026, as part of the annual budget submission
of the President under section 1105(a) of title 31, United States Code,
the Secretary of Energy shall submit a detailed spend plan for that
fiscal year: Provided further, That up to $36,000,000 of the amount
provided under this heading in this Act shall be made available in each
of fiscal years 2022 through 2026 for program direction: Provided
further, That such amount is designated by the Congress as being for an
emergency requirement pursuant to section 4112(a) of H. Con. Res. 71
(115th Congress), the concurrent resolution on the budget for fiscal
year 2018, and to section 251(b) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
Fossil Energy and Carbon Management
For an additional amount for ``Fossil Energy and Carbon
Management'', $7,497,140,781, to remain available until expended:
Provided, That of the amount provided under this heading in this Act,
$310,140,781 shall be to carry out activities under the Carbon
Utilization Program, as authorized in section 969A of the Energy Policy
Act of 2005 (42 U.S.C. 16298a), as amended by section 40302 of division
D of this Act: Provided further, That of the funds in the preceding
proviso, $41,000,000, to remain available until expended, shall be made
available for fiscal year 2022, $65,250,000, to remain available until
expended, shall be made available for fiscal year 2023, $66,562,500, to
remain available until expended, shall be made available for fiscal year
2024, $67,940,625, to remain available until expended, shall be made
[[Page 135 STAT. 1374]]
available for fiscal year 2025, and $69,387,656, to remain available
until expended, shall be made available for fiscal year 2026: Provided
further, That of the amount provided under this heading in this Act,
$100,000,000 shall be used to carry out the front-end engineering and
design program out activities under the Carbon Capture Technology
Program, as authorized in section 962 of the Energy Policy Act of 2005
(42 U.S.C. 16292), as amended by section 40303 of division D of this
Act: Provided further, That of the funds in the preceding proviso,
$20,000,000, to remain available until expended, shall be made available
for fiscal year 2022, $20,000,000, to remain available until expended,
shall be made available for fiscal year 2023, $20,000,000, to remain
available until expended, shall be made available for fiscal year 2024,
$20,000,000, to remain available until expended, shall be made available
for fiscal year 2025, and $20,000,000, to remain available until
expended, shall be made available for fiscal year 2026: Provided
further, That of the amount provided under this heading in this Act,
$2,500,000,000 shall be to carry out activities for the Carbon Storage
Validation and Testing, as authorized section 963 of the Energy Policy
Act of 2005 (42 U.S.C. 16293), as amended by section 40305 of division D
of this Act: Provided further, That of the funds in the preceding
proviso, $500,000,000, to remain available until expended, shall be made
available for fiscal year 2022, $500,000,000, to remain available until
expended, shall be made available for fiscal year 2023, $500,000,000, to
remain available until expended, shall be made available for fiscal year
2024, $500,000,000, to remain available until expended, shall be made
available for fiscal year 2025, and $500,000,000, to remain available
until expended, shall be made available for fiscal year 2026: Provided
further, That of the amount provided under this heading in this Act,
$3,500,000,000 shall be to carry out a program to develop four regional
clean direct air capture hubs, as authorized under section 969D of the
Energy Policy Act of 2005 (42 U.S.C. 16298d), as amended by section
40308 of division D of this Act: Provided further, That of the funds in
the preceding proviso, $700,000,000, to remain available until expended,
shall be made available for fiscal year 2022, $700,000,000, to remain
available until expended, shall be made available for fiscal year 2023,
$700,000,000, to remain available until expended, shall be made
available for fiscal year 2024, $700,000,000, to remain available until
expended, shall be made available for fiscal year 2025, and
$700,000,000, to remain available until expended, shall be made
available for fiscal year 2026: Provided further, That of the amount
provided under this heading in this Act and in addition to amounts
otherwise made available for this purpose, $15,000,000 shall be for
precommercial direct air capture technology prize competitions, as
authorized under section 969D(e)(2)(A) of the Energy Policy Act of 2005
(42 U.S.C. 16298d(e)(2)(A)): Provided further, That of the amount
provided under this heading in this Act and in addition to amounts
otherwise made available for this purpose, $100,000,000 shall be for
commercial direct air capture technology prize competitions, as
authorized under section 969D(e)(2)(B) of the Energy Policy Act of 2005
(42 U.S.C. 16298d(e)(2)(B)): Provided further, That for amounts
identified in the preceding proviso, the Secretary shall enter pre-
construction commitments with selected projects for future awards for
qualified carbon dioxide capture: Provided further, That of the amount
provided under this heading
[[Page 135 STAT. 1375]]
in this Act, $140,000,000 shall be for a Rare Earth Elements
Demonstration Facility, as authorized under section 7001 of the Energy
Act of 2020 (42 U.S.C. 13344), as amended by section 40205 of division D
of this Act: Provided further, That of the amount provided under this
heading in this Act and in addition to amounts otherwise made available
for this purpose, $127,000,000 shall be to carry out rare earth mineral
security activities, as authorized under section 7001(a) of the Energy
Act of 2020 (42 U.S.C. 13344(a)): Provided further, That of the funds
in the preceding proviso, $23,000,000, to remain available until
expended, shall be made available for fiscal year 2022, $24,200,000, to
remain available until expended, shall be made available for fiscal year
2023, $25,400,000, to remain available until expended, shall be made
available for fiscal year 2024, $26,600,000, to remain available until
expended, shall be made available for fiscal year 2025, and $27,800,000,
to remain available until expended, shall be made available for fiscal
year 2026: Provided further, That of the amount provided under this
heading in this Act and in addition to amounts otherwise made available
for this purpose, $600,000,000 shall be to carry out critical material
innovation, efficiency, and alternatives activities under section
7002(g) of the Energy Act of 2020 (30 U.S.C. 1606(g)): Provided
further, That of the funds in the preceding proviso, $230,000,000, to
remain available until expended, shall be made available for fiscal year
2022, $100,000,000, to remain available until expended, shall be made
available for fiscal year 2023, $135,000,000, to remain available until
expended, shall be made available for fiscal year 2024, $135,000,000, to
remain available until expended, shall be made available for fiscal year
2025: Provided further, That of the amount provided under this heading
in this Act and in addition to amounts otherwise made available for this
purpose, $75,000,000 shall be for the Critical Material Supply Chain
Research Facility, as authorized under section 7002(h) of the Energy Act
of 2020 (30 U.S.C. 1606(h)): Provided further, That of the funds in the
preceding proviso, $40,000,000, to remain available until expended,
shall be made available for fiscal year 2022, and $35,000,000, to remain
available until expended, shall be made available for fiscal year 2023:
Provided further, That of the amount provided under this heading in this
Act, $30,000,000 shall be to carry out activities authorized in section
349(b)(2) of the Energy Policy Act of 2005 (42 U.S.C.15907(b)(2)), as
amended by section 40601 of division D of this
Act: <<NOTE: Deadline. Spend plan.>> Provided further, That not later
than 90 days after the date of enactment of this Act, the Secretary of
Energy shall submit to the House and Senate Committees on Appropriations
a detailed spend plan for fiscal year 2022: Provided further,
That <<NOTE: Spend plan.>> for each fiscal year through 2026, as part
of the annual budget submission of the President under section 1105(a)
of title 31, United States Code, the Secretary of Energy shall submit a
detailed spend plan for that fiscal year: Provided further, That up to
three percent of the amounts made available under this heading in this
Act in each of fiscal years 2022 through 2026 shall be for program
direction: Provided further, That such amount is designated by the
Congress as being for an emergency requirement pursuant to section
4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution
on the budget for fiscal year 2018, and to section 251(b) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
[[Page 135 STAT. 1376]]
Carbon Dioxide Transportation Infrastructure Finance and Innovation
Program Account
For an additional amount for ``Carbon Dioxide Transportation
Infrastructure Finance and Innovation Program Account'', $2,100,000,000,
to remain available until expended, to carry out activities for the
Carbon Dioxide Transportation Infrastructure Finance and Innovation
Program, as authorized by subtitle J of title IX of the Energy Policy
Act of 2005 (42 U.S.C. 16181 et seq.), as amended by section 40304(a) of
division D of this Act: Provided, That such costs, including the cost
of modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974: Provided further, That $3,000,000, to
remain available until expended, shall be made available for fiscal year
2022 and $2,097,000,000, to remain available until expended, shall be
made available for fiscal year 2023: Provided further, That the amount
made available under this heading in this Act for fiscal year 2022 shall
be for administrative expenses to carry out the loan program: Provided
further, That the Office of Fossil Energy and Carbon Management shall
oversee the Carbon Dioxide Transportation Infrastructure Finance and
Innovation program, in consultation and coordination with the Department
of Energy's Loan Program Office: Provided further,
That <<NOTE: Deadline. Analyses. Loans. Regulations. Timetable.>> not
later than 270 days after the date of enactment of this Act, the
Secretary of Energy shall submit to the House and Senate Committees on
Appropriations an analysis of how subsidy rates will be determined for
loans financed by appropriations provided under this heading in this Act
and an analysis of the process for developing draft regulations for the
program, including a crosswalk from the statutory requirements for such
program, and a timetable for publishing such regulations: Provided
further, That <<NOTE: Allocation.>> for each fiscal year through 2027,
the annual budget submission of the President under section 1105(a) of
title 31, United States Code, shall include a detailed request for the
amount recommended for allocation for the Carbon Dioxide Transportation
Finance and Innovation program from amounts provided under this heading
in this Act and such detailed request shall include any information
required pursuant to the Federal Credit Reform Act of 1990, such as
credit subsidy rates, a loan limitation, and necessary administrative
expenses to carry out the loan program: Provided further, That such
amount is designated by the Congress as being for an emergency
requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th
Congress), the concurrent resolution on the budget for fiscal year 2018,
and to section 251(b) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Office of Clean Energy Demonstrations
For an additional amount for ``Office of Clean Energy
Demonstrations'', $21,456,000,000, to remain available until expended:
Provided, That the Office of Clean Energy Demonstrations, as authorized
by section 41201 of division D of this Act, shall conduct administrative
and project management responsibilities for the demonstration projects
provided for under this heading in this Act: Provided further,
That <<NOTE: Consultation. Coordination.>> the Office of Clean Energy
Demonstrations shall consult and coordinate with technology-specific
program offices to ensure alignment of technology goals and avoid
unnecessary duplication: Provided further, That of the amount provided
[[Page 135 STAT. 1377]]
under this heading in this Act and in addition to amounts otherwise made
available for this purpose, $355,000,000 shall be to carry out the
Energy Storage Demonstration Pilot Grant Program, as authorized under
section 3201(c) of the Energy Act of 2020 (42 U.S.C. 17232(c)):
Provided further, That of the funds in the preceding proviso,
$88,750,000, to remain available until expended, shall be made available
for fiscal year 2022, $88,750,000, to remain available until expended,
shall be made available for fiscal year 2023, $88,750,000, to remain
available until expended, shall be made available for fiscal year 2024,
$88,750,000, to remain available until expended, shall be made available
for fiscal year 2025: Provided further, That of the amount provided
under this heading in this Act and in addition to amounts otherwise made
available for this purpose, $150,000,000 to carry out the Long-duration
Demonstration Initiative and Joint Program, as authorized under section
3201(d) of the Energy Act of 2020 (42 U.S.C. 17232(d)): Provided
further, That of the funds in the preceding proviso, $37,500,000, to
remain available until expended, shall be made available for fiscal year
2022, $37,500,000, to remain available until expended, shall be made
available for fiscal year 2023, $37,500,000, to remain available until
expended, shall be made available for fiscal year 2024, $37,500,000, to
remain available until expended, shall be made available for fiscal year
2025: Provided further, That of the amount provided under this heading
in this Act and in addition to amounts otherwise made available for this
purpose, $2,477,000,000 shall be to carry out the Advanced Reactor
Demonstration Program, as authorized under section 959A of the Energy
Policy Act of 2005 (42 U.S.C. 16279a): Provided further, That of the
funds in the preceding proviso, $677,000,000, to remain available until
expended, shall be made available for fiscal year 2022, $600,000,000, to
remain available until expended, shall be made available for fiscal year
2023, $600,000,000, to remain available until expended, shall be made
available for fiscal year 2024, $600,000,000, to remain available until
expended, shall be made available for fiscal year 2025: Provided
further, That funds in the preceding proviso shall be for projects
selected prior to the date of enactment of this Act: Provided further,
That of the amount provided under this heading in this Act and in
addition to amounts otherwise made available for this purpose,
$937,000,000 shall be to carry out the Carbon Capture Large-scale Pilot
Projects, as authorized under section 962(b)(2)(B) of the Energy Policy
Act of 2005 (42 U.S.C. 16292(b)(2)(B)): Provided further, That of the
funds in the preceding proviso, $387,000,000, to remain available until
expended, shall be made available for fiscal year 2022, $200,000,000, to
remain available until expended, shall be made available for fiscal year
2023, $200,000,000, to remain available until expended, shall be made
available for fiscal year 2024, $150,000,000, to remain available until
expended, shall be made available for fiscal year 2025: Provided
further, That of the amount provided under this heading in this Act and
in addition to amounts otherwise made available for this purpose,
$2,537,000,000 shall be for the Carbon Capture Demonstration Projects
Program, as authorized under section 962(b)(2)(C) of the Energy Policy
Act of 2005 (42 U.S.C. 16292(b)(2)(C)): Provided further, That of the
funds in the preceding proviso, $937,000,000, to remain available until
expended, shall be made available for fiscal year 2022, $500,000,000, to
remain available until expended, shall be made available for fiscal year
[[Page 135 STAT. 1378]]
2023, $500,000,000, to remain available until expended, shall be made
available for fiscal year 2024, $600,000,000, to remain available until
expended, shall be made available for fiscal year 2025: Provided
further, That of the amount provided under this heading in this Act and
in addition to amounts otherwise made available for this purpose,
$500,000,000 shall be to carry out Industrial Emission Demonstration
Projects, as authorized under section 454(d)(3) of the Energy
Independence and Security Act of 2007 (42 U.S.C. 17113(d)(3)): Provided
further, That of the funds in the preceding proviso, $100,000,000, to
remain available until expended, shall be made available for fiscal year
2022, $100,000,000, to remain available until expended, shall be made
available for fiscal year 2023, $150,000,000, to remain available until
expended, shall be made available for fiscal year 2024, $150,000,000, to
remain available until expended, shall be made available for fiscal year
2025: Provided further, That of the amount provided under this heading
in this Act and in addition to amounts otherwise made available for this
purpose, $500,000,000 shall be to carry out the Clean Energy
Demonstration Program on Current and Former Mine Land, as authorized
under section 40342 of division D of this Act: Provided further, That
of the funds in the preceding proviso, $100,000,000, to remain available
until expended, shall be made available for fiscal year 2022,
$100,000,000, to remain available until expended, shall be made
available for fiscal year 2023, $100,000,000, to remain available until
expended, shall be made available for fiscal year 2024, $100,000,000, to
remain available until expended, shall be made available for fiscal year
2025, and $100,000,000, to remain available until expended, shall be
made available for fiscal year 2026: Provided further, That of the
amount provided under this heading in this Act, $8,000,000,000 shall be
made for Regional Clean Hydrogen Hubs, as authorized under section 813
of the Energy Policy Act of 2005 (42 U.S.C. 16151 et seq.), as amended
by section 40314 of division D of this Act: Provided further, That of
the funds in the preceding proviso, $1,600,000,000, to remain available
until expended, shall be made available for fiscal year 2022,
$1,600,000,000, to remain available until expended, shall be made
available for fiscal year 2023, $1,600,000,000, to remain available
until expended, shall be made available for fiscal year 2024,
$1,600,000,000, to remain available until expended, shall be made
available for fiscal year 2025, and $1,600,000,000, to remain available
until expended, shall be made available for fiscal year 2026: Provided
further, That of the amount provided under this heading in this Act,
$5,000,000,000 shall be for grants for the Program Upgrading Our
Electric Grid and Ensuring Reliability and Resiliency, as authorized
under section 40103(b) of division D of this Act: Provided further,
That of the funds in the preceding proviso, $1,000,000,000, to remain
available until expended, shall be made available for fiscal year 2022,
$1,000,000,000, to remain available until expended, shall be made
available for fiscal year 2023, $1,000,000,000, to remain available
until expended, shall be made available for fiscal year 2024,
$1,000,000,000, to remain available until expended, shall be made
available for fiscal year 2025, and $1,000,000,000, to remain available
until expended, shall be made available for fiscal year 2026: Provided
further, That of the amount provided under this heading in this Act,
$1,000,000,000 shall be to carry out activities for energy improvement
in rural and remote areas, as authorized under section
[[Page 135 STAT. 1379]]
40103(c) of division D of this Act: Provided further, That of the funds
in the preceding proviso, $200,000,000, to remain available until
expended, shall be made available for fiscal year 2022, $200,000,000, to
remain available until expended, shall be made available for fiscal year
2023, $200,000,000, to remain available until expended, shall be made
available for fiscal year 2024, $200,000,000, to remain available until
expended, shall be made available for fiscal year 2025, and
$200,000,000, to remain available until expended, shall be made
available for fiscal year 2026: Provided further,
That <<NOTE: Deadline. Spend plan.>> not later than 90 days after the
date of enactment of this Act, the Secretary of Energy shall submit to
the House and Senate Committees on Appropriations a detailed spend plan
for fiscal year 2022: Provided further, That <<NOTE: Spend plan.>> for
each fiscal year through 2026, as part of the annual budget submission
of the President under section 1105(a) of title 31, United States Code,
the Secretary of Energy shall submit a detailed spend plan for that
fiscal year: Provided further, That up to three percent of the amounts
made available under this heading in this Act in each of fiscal years
2022 through 2026 shall be for program direction: Provided further,
That such amount is designated by the Congress as being for an emergency
requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th
Congress), the concurrent resolution on the budget for fiscal year 2018,
and to section 251(b) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
POWER MARKETING ADMINISTRATIONS
Construction, Rehabilitation, Operation and Maintenance, Western Area
Power Administration
(including transfer of funds)
For an additional amount for ``Construction, Rehabilitation,
Operation and Maintenance, Western Area Power Administration'',
$500,000,000, to remain available until expended, for the purchase of
power and transmission services: Provided, That the amount made
available under this heading in this Act shall be derived from the
general fund of the Treasury and shall be reimbursable from amounts
collected by the Western Area Power Administration pursuant to the Flood
Control Act of 1944 and the Reclamation Project Act of 1939 to recover
purchase power and wheeling expenses: Provided further, That such
amounts as the Administrator, Western Area Power Administration, deems
necessary for the same purposes as outlined above may be transferred to
Western Area Power Administration's Colorado River Basins Power
Marketing Fund account: Provided further, That such amount is
designated by the Congress as being for an emergency requirement
pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the
concurrent resolution on the budget for fiscal year 2018, and to section
251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985.
GENERAL PROVISIONS--DEPARTMENT OF ENERGY
(including transfer of funds)
Sec. 301. <<NOTE: Determination. Hiring authority. 42 USC 7231
note.>> Notwithstanding section 3304 of title 5, United States Code,
and without regard to the provisions of sections 3309 through
[[Page 135 STAT. 1380]]
3318 of such title 5, the Secretary of Energy, upon a determination that
there is a severe shortage of candidates or a critical hiring need for
particular positions to carry out the Department of Energy activities
funded under this title, may, from within the funds provided to the
Department of Energy under this title, recruit and directly appoint
highly qualified individuals into the competitive service: Provided,
That such authority shall not apply to positions in the Excepted Service
or the Senior Executive Service: Provided further,
That <<NOTE: Compliance.>> any action authorized herein shall be
consistent with the merit principles of section 2301 of such title 5,
and the Department shall comply with the public notice requirements of
section 3327 of such title 5: Provided further,
That <<NOTE: Termination date.>> the authority under this section shall
terminate on September 30, 2027: Provided further,
That <<NOTE: Deadline. Estimate.>> 180 days after the date of enactment
of this Act, the Secretary of Energy shall submit to the House and
Senate Committees on Appropriations an estimate of the number of highly
qualified individuals it expects to hire under the authority provided in
this section.
Sec. 302. Up to one-tenth of one percent of each amount
appropriated to the Department of Energy in this title may be
transferred to ``Departmental Administration'' to be used for additional
management and mission support for funds made available to the
Department of Energy in this title in this Act.
Sec. 303. One-tenth of one percent of the amounts made available to
the Department of Energy under each heading in this title in this Act in
each of fiscal years 2022 through 2026 shall be transferred to the
Office of the Inspector General of the Department of Energy to oversee
the funds made available to the Department of Energy in this title in
this Act.
INDEPENDENT AGENCIES
Appalachian Regional Commission
For an additional amount for ``Appalachian Regional Commission'',
$1,000,000,000, to remain available until expended, notwithstanding 40
U.S.C. 14704: Provided, That of the funds in the preceding proviso,
$200,000,000, to remain available until expended, shall be made
available for fiscal year 2022, $200,000,000, to remain available until
expended, shall be made available for fiscal year 2023, $200,000,000, to
remain available until expended, shall be made available for fiscal year
2024, $200,000,000, to remain available until expended, shall be made
available for fiscal year 2025, and $200,000,000, to remain available
until expended, shall be made available for fiscal year 2026: Provided
further, That such amount is designated by the Congress as being for an
emergency requirement pursuant to section 4112(a) of H. Con. Res. 71
(115th Congress), the concurrent resolution on the budget for fiscal
year 2018, and to section 251(b) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
Delta Regional Authority
For an additional amount for ``Delta Regional Authority'',
$150,000,000 to remain available until expended: Provided, That such
amount is designated by the Congress as being for an emergency
requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th
Congress), the concurrent resolution on the budget for
[[Page 135 STAT. 1381]]
fiscal year 2018, and to section 251(b) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Denali Commission
For an additional amount for ``Denali Commission'', $75,000,000 to
remain available until expended: Provided further, That such amount is
designated by the Congress as being for an emergency requirement
pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the
concurrent resolution on the budget for fiscal year 2018, and to section
251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985.
Northern Border Regional Commission
For an additional amount for ``Northern Border Regional
Commission'', $150,000,000 to remain available until expended:
Provided, That such amount is designated by the Congress as being for an
emergency requirement pursuant to section 4112(a) of H. Con. Res. 71
(115th Congress), the concurrent resolution on the budget for fiscal
year 2018, and to section 251(b) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
Southeast Crescent Regional Commission
For an additional amount for ``Southeast Crescent Regional
Commission'', $5,000,000 to remain available until expended: Provided,
That such amount is designated by the Congress as being for an emergency
requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th
Congress), the concurrent resolution on the budget for fiscal year 2018,
and to section 251(b) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Southwest Border Regional Commission
For an additional amount for ``Southwest Border Regional
Commission'', $1,250,000 to remain available until expended: Provided,
That such amount is designated by the Congress as being for an emergency
requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th
Congress), the concurrent resolution on the budget for fiscal year 2018,
and to section 251(b) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
TITLE IV--FINANCIAL SERVICES AND GENERAL GOVERNMENT
EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO THE
PRESIDENT
Office of the National Cyber Director
salaries and expenses
For an additional amount for ``Office of the National Cyber
Director'', $21,000,000, to remain available until September 30, 2022,
to carry out the purposes of section 1752 of the National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283): Provided,
That such amount is designated by the Congress
[[Page 135 STAT. 1382]]
as being for an emergency requirement pursuant to section 4112(a) of H.
Con. Res. 71 (115th Congress), the concurrent resolution on the budget
for fiscal year 2018, and to section 251(b) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Federal Communications Commission
affordable connectivity fund
For an additional amount for the ``Affordable Connectivity Fund'',
$14,200,000,000, to remain available until expended, for the Affordable
Connectivity Program, as authorized under section 904(b)(1) of division
N of the Consolidated Appropriations Act, 2021 (Public Law 116-260), as
amended by section 60502 of division F of this Act: Provided, That such
amount is designated by the Congress as being for an emergency
requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th
Congress), the concurrent resolution on the budget for fiscal year 2018,
and to section 251(b) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
federal permitting improvement steering council
environmental review improvement fund
For an additional amount for the ``Environmental Review Improvement
Fund'', $3,000,000 to remain available until September 30, 2026:
Provided, That $650,000, to remain available until September 30, 2022,
shall be made available for fiscal year 2022, $650,000, to remain
available until September 30, 2023, shall be made available for fiscal
year 2023, $650,000, to remain available until September 30, 2024, shall
be made available for fiscal year 2024, $650,000, to remain available
until September 30, 2025, shall be made available for fiscal year 2025,
and $400,000, to remain available until September 30, 2026, shall be
made available for fiscal year 2026: Provided further, That such amount
is designated by the Congress as being for an emergency requirement
pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the
concurrent resolution on the budget for fiscal year 2018, and to section
251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985.
General Services Administration
real property activities
federal buildings fund
(including transfers of funds)
For an additional amount to be deposited in the ``Federal Buildings
Fund'', $3,418,008,000, to remain available until expended, for
construction and acquisition, and repairs and alterations of border
stations and land ports of entry, of which no more than $250,000,000
shall be for Program Contingency and Operational Support for necessary
expenses for projects funded under this heading, including, moving
governmental agencies (including space alterations and adjustments, and
telecommunications relocation expenses) in connection with the
assignment,
[[Page 135 STAT. 1383]]
allocation and transfer of space, leasing of temporary space, and
building operations, of which--
(1) $2,527,808,000 shall be for projects on the U.S. Customs
and Border Protection five-year plan;
(2) $430,200,000 shall be for projects with completed U.S.
Customs and Border Protection/General Services Administration
feasibility studies as prioritized in the ``American Jobs Plan
Project List'' submitted to the House and Senate Committees on
Appropriations on May 28, 2021; and
(3) $210,000,000 shall be for land ports of entry (LPOE)
infrastructure paving; acquisition of leased LPOEs; and
additional Federal Motor Carrier Safety Administration
requirements at the Southern Border:
Provided, That <<NOTE: Plan. Deadline.>> the General Services
Administration shall submit a plan, by project, regarding the use of
funds made available to the Administrator under this heading in this Act
to the Committees on Appropriations of the House of Representatives and
the Senate within 90 days of enactment of this
Act: <<NOTE: Notification.>> Provided further, That the Administrator
of General Services shall notify the Committees on Appropriations of the
House of Representatives and the Senate quarterly on the obligations and
expenditures of the funds provided under this heading in this Act by
account of the Federal Buildings Fund: Provided further, That funds
made available under this heading in this Act for Federal Buildings Fund
activities may be transferred to, and merged with, other accounts within
the Federal Buildings Fund only to the extent necessary to meet program
requirements for such activities: <<NOTE: Advance notice.>> Provided
further, That the General Services Administration will provide notice in
advance to the Committees on Appropriations of the House of
Representatives and the Senate of any proposed transfers: Provided
further, That funds made available to the Administrator under this
heading in this Act shall not be subject to section 3307 of title 40,
United States Code: Provided further, That amounts made available under
this heading in this Act shall be in addition to any other amounts made
available for such purposes, including for construction and acquisition
or repairs and alterations: Provided further, That such amount is
designated by the Congress as being for an emergency requirement
pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the
concurrent resolution on the budget for fiscal year 2018, and to section
251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985.
TITLE V--DEPARTMENT OF HOMELAND SECURITY
SECURITY, ENFORCEMENT, AND INVESTIGATIONS
U.S. Customs and Border Protection
operations and support
For an additional amount for ``Operations and Support'',
$330,000,000, to remain available until September 30, 2026, for
furniture, fixtures, and equipment for the land ports of entry
modernized with funding provided to the General Services Administration
in this Act: Provided, That such amount is designated by the Congress
as being for an emergency requirement pursuant to section 4112(a) of H.
Con. Res. 71 (115th Congress), the concurrent resolution on the budget
for fiscal year 2018, and to section
[[Page 135 STAT. 1384]]
251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985.
procurement, construction, and improvements
For an additional amount for ``Procurement, Construction, and
Improvements'', $100,000,000, to remain available until September 30,
2026, for land port of entry construction, modernization, and
sustainment: Provided, That <<NOTE: Deadline. Spend plan.>> not later
than 90 days after the date of enactment of this Act, the Department
shall submit to the House and Senate Committees on Appropriations a
detailed spend plan for the amount made available under this heading in
this Act: Provided further, That such amount is designated by the
Congress as being for an emergency requirement pursuant to section
4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution
on the budget for fiscal year 2018, and to section 251(b) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Coast Guard
operations and support
For an additional amount for ``Operations and Support'', $5,000,000,
to remain available until September 30, 2026, for personnel and
administrative expenses: Provided, That such amount is designated by
the Congress as being for an emergency requirement pursuant to section
4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution
on the budget for fiscal year 2018, and to section 251(b) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
procurement, construction, and improvements
For an additional amount for ``Procurement, Construction, and
Improvements'', $429,000,000, to remain available until September 30,
2026: Provided, That of the funds made available under this heading in
this Act--
(1) $131,500,000 shall be for housing, family support,
safety, and training facilities, as described in the Coast Guard
Fiscal Year 2022 Unfunded Priorities List submitted to Congress
on June 29, 2021;
(2) $158,000,000 shall be for shore construction addressing
facility deficiencies, as described in the Coast Guard Fiscal
Year 2022 Unfunded Priorities List submitted to Congress on June
29, 2021;
(3) $19,500,000 shall be for shore construction supporting
operational assets and maritime commerce, as described in the
Coast Guard Fiscal Year 2022 Unfunded Priorities List submitted
to Congress on June 29, 2021; and
(4) $120,000,000 shall be for construction and improvement
of childcare development centers:
Provided further, That <<NOTE: Deadline. Expenditure plan. List.>>
not later than 90 days after the date of enactment of this Act, the
Department shall submit to the Committees on Appropriations and
Commerce, Science, and Transportation of the Senate and the Committees
on Appropriations and Transportation and Infrastructure in the House of
Representatives a detailed expenditure plan, including a list of project
locations under each paragraph in the preceding proviso: Provided
further, That such
[[Page 135 STAT. 1385]]
amount is designated by the Congress as being for an emergency
requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th
Congress), the concurrent resolution on the budget for fiscal year 2018,
and to section 251(b) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY
Cybersecurity and Infrastructure Security Agency
operations and support
For an additional amount for ``Operations and Support'',
$35,000,000, to remain available until September 30, 2026, for risk
management operations and stakeholder engagement and requirements:
Provided, That such amount is designated by the Congress as being for an
emergency requirement pursuant to section 4112(a) of H. Con. Res. 71
(115th Congress), the concurrent resolution on the budget for fiscal
year 2018, and to section 251(b) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
cybersecurity response and recovery fund
For an additional amount for ``Cybersecurity Response and Recovery
Fund'', $100,000,000, to remain available until September 30, 2028, for
cyber response and recovery, as authorized by subtitle C of the Homeland
Security Act of 2002, as amended by this Act: Provided, That
$20,000,000, to remain available until September 30, 2028, shall be made
available for fiscal year 2022, $20,000,000, to remain available until
September 30, 2028, shall be made available for fiscal year 2023,
$20,000,000, to remain available until September 30, 2028, shall be made
available for fiscal year 2024, $20,000,000, to remain available until
September 30, 2028, shall be made available for fiscal year 2025, and
$20,000,000, to remain available until September 30, 2028, shall be made
available for fiscal year 2026: <<NOTE: Declaration.>> Provided
further, That amounts provided under this heading in this Act shall be
available only upon a declaration of a significant incident by the
Secretary of Homeland Security pursuant to section 2233 of the Homeland
Security Act of 2002, as amended by this Act: Provided further, That
the Cybersecurity <<NOTE: Reports.>> and Infrastructure Security Agency
shall provide to the Committees on Appropriations and Homeland Security
and Governmental Affairs of the Senate and the Committees on
Appropriations and Oversight and Reform of the House of Representatives
monthly reports, to be submitted not later than the tenth business day
following the end of each month, on the status of funds made available
under this heading in this Act, including an accounting of the most
recent funding allocation estimates, obligations, expenditures, and
unobligated funds, delineated by significant incident, as defined in
section 2232 of the Homeland Security Act of 2002, as amended by this
Act: Provided further, That such amount is designated by the Congress
as being for an emergency requirement pursuant to section 4112(a) of H.
Con. Res. 71 (115th Congress), the concurrent resolution on the budget
for fiscal year 2018, and to section 251(b) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
[[Page 135 STAT. 1386]]
Federal Emergency Management Agency
operations and support
For an additional amount for ``Operations and Support'',
$67,000,000, to remain available until September 30, 2026, for Federal
agency dam safety activities and assistance to States under sections 7
through 12 of the National Dam Safety Program Act (33 U.S.C. 467e
through 467h): Provided, That such amount is designated by the Congress
as being for an emergency requirement pursuant to section 4112(a) of H.
Con. Res. 71 (115th Congress), the concurrent resolution on the budget
for fiscal year 2018, and to section 251(b) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
federal assistance
(including transfer of funds)
For an additional amount for ``Federal Assistance'', $2,233,000,000,
which shall be allocated as follows:
(1) $500,000,000, to remain available until expended, for
grants pursuant to section 205 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5135):
Provided, That $100,000,000, to remain available until expended,
shall be made available for fiscal year 2022, $100,000,000, to
remain available until expended, shall be made available for
fiscal year 2023, $100,000,000, to remain available until
expended, shall be made available for fiscal year 2024,
$100,000,000, to remain available until expended, shall be made
available for fiscal year 2025, and $100,000,000, to remain
available until expended, shall be made available for fiscal
year 2026: Provided further, That in addition to amounts made
available for administrative expenses under section 205(d)(2) of
the Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5135(d)(2)), no more than 3 percent of the
amounts made available in fiscal year 2022, 3 percent of the
amounts made available in fiscal year 2023, and 3 percent of the
amounts made available in each of fiscal years 2024 through 2026
under this paragraph in this Act may be transferred to ``Federal
Emergency Management Agency--Operations and Support'' for
salaries and expenses.
(2) $733,000,000, to remain available until expended:
Provided, That $148,000,000 of the amounts made available under
this paragraph in this Act shall be for grants to States
pursuant to section 8(e) of the National Dam Safety Program Act
(33 U.S.C. 467f(e)): Provided further, That $585,000,000 of the
amounts made available under this paragraph in this Act shall be
for grants to States pursuant to section 8A of the National Dam
Safety Program Act (33 U.S.C. 467f-2), of which no less than
$75,000,000 shall be for the removal of dams: Provided further,
That dam removal projects shall include written consent of the
dam owner, if ownership is established: Provided further, That
in addition to amounts made available for administrative
expenses, no more than 3 percent of the amounts made available
under this paragraph in this Act may be transferred to ``Federal
Emergency Management Agency--Operations and Support'' for
salaries and expenses.
[[Page 135 STAT. 1387]]
(3) $1,000,000,000 to remain available until expended, for
grants to states, local, tribal, and territorial governments for
improvement to cybersecurity and critical infrastructure, as
authorized by section 2218 of the Homeland Security Act of 2002,
as amended by this Act: Provided, That $200,000,000, to remain
available until expended, shall be made available for fiscal
year 2022, $400,000,000, to remain available until expended,
shall be made available for fiscal year 2023, $300,000,000, to
remain available until expended, shall be made available for
fiscal year 2024, and $100,000,000, to remain available until
expended, shall be made available for fiscal year 2025:
Provided further, That no more than 3 percent of the amounts
made available in each of fiscal years 2022 through 2025 under
this paragraph in this Act may be transferred to ``Federal
Emergency Management Agency--Operations and Support'' for
salaries and expenses:
Provided, That such amount is designated by the Congress as being for
an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71
(115th Congress), the concurrent resolution on the budget for fiscal
year 2018, and to section 251(b) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
disaster relief fund
(including transfer of funds)
For an additional amount for ``Disaster Relief Fund'',
$1,000,000,000, to remain available until expended, in addition to any
amounts set aside pursuant to section 203(i) of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5133), for
grants pursuant to such section: Provided, That $200,000,000, to remain
available until expended, shall be made available for fiscal year 2022,
$200,000,000, to remain available until expended, shall be made
available for fiscal year 2023, $200,000,000, to remain available until
expended, shall be made available for fiscal year 2024, $200,000,000, to
remain available until expended, shall be made available for fiscal year
2025, and $200,000,000, to remain available until expended, shall be
made available for fiscal year 2026: Provided further, That no more
than $16,500,000 of the amounts made available in each of fiscal years
2022 through 2026 under this heading in this Act may be transferred to
``Federal Emergency Management Agency--Operations and Support'' for
salaries and expenses: Provided further, That such amount is designated
by the Congress as being for an emergency requirement pursuant to
section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent
resolution on the budget for fiscal year 2018, and to section 251(b) of
the Balanced Budget and Emergency Deficit Control Act of 1985.
national flood insurance fund
For an additional amount for ``National Flood Insurance Fund'',
$3,500,000,000, to be derived from the General Fund of the Treasury, to
remain available until expended, for flood mitigation actions and for
flood mitigation assistance under section 1366 of the National Flood
Insurance Act of 1968 (42 U.S.C. 4104c), notwithstanding sections
1366(e), 1310(a)(7), and 1367 of such Act (42 U.S.C.4104c(e),
4017(a)(7), 4104d), in addition to any other funds
[[Page 135 STAT. 1388]]
available for this purpose: Provided, That $700,000,000, to remain
available until expended, shall be made available for fiscal year 2022,
$700,000,000, to remain available until expended, shall be made
available for fiscal year 2023, $700,000,000, to remain available until
expended, shall be made available for fiscal year 2024, $700,000,000, to
remain available until expended, shall be made available for fiscal year
2025, and $700,000,000, to remain available until expended, shall be
made available for fiscal year 2026: Provided further, That
notwithstanding section 1366(d) of the National Flood Insurance Act of
1968 (42 U.S.C. 4104c(d)), the Administrator of the Federal Emergency
Management Agency may also use amounts made available under subsection
(a) to provide flood mitigation assistance under section 1366 of that
Act (42 U.S.C. 4104c) for mitigation activities in an amount up to 90
percent of all eligible costs for a property--
(1) located within a census tract with a Centers for Disease
Control and Prevention Social Vulnerability Index score of not
less than 0.5001; or
(2) that serves as a primary residence for individuals with
a household income of not more than 100 percent of the
applicable area median income:
Provided further, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section 4112(a) of H.
Con. Res. 71 (115th Congress), the concurrent resolution on the budget
for fiscal year 2018, and to section 251(b) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Science and Technology Directorate
research and development
For an additional amount for ``Research and Development'',
$157,500,000, to remain available until September 30, 2026, for critical
infrastructure security and resilience research, development, test, and
evaluation: Provided, That the funds made available under this heading
in this Act may be used for--
(1) special event risk assessments rating planning tools;
(2) electromagnetic pulse and geo-magnetic disturbance
resilience capabilities;
(3) positioning, navigation, and timing capabilities;
(4) public safety and violence prevention to evaluate soft
target security, including countering improvised explosive
device events and protection of U.S. critical infrastructure;
and
(5) research supporting security testing capabilities
relating to telecommunications equipment, industrial control
systems, and open source software:
Provided further, That <<NOTE: Deadline. Spend plan.>> not later than
90 days after the date of enactment of this Act, the Department shall
submit to the House and Senate Committees on Appropriations a detailed
spend plan for the amount made available under this heading in this Act:
Provided further, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section 4112(a) of H.
Con. Res. 71 (115th Congress), the concurrent resolution on the budget
for fiscal year 2018, and to section 251(b) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
[[Page 135 STAT. 1389]]
GENERAL PROVISION--THIS TITLE
Sec. 501. One-quarter <<NOTE: Transfer authority.>> of one percent
of the amounts made available under each heading in this title in this
Act in each of fiscal years 2022 through 2026 shall be transferred to
the Office of the Inspector General of the Department of the Homeland
Security for oversight of funding provided to the Department of Homeland
Security in this title in this Act.
TITLE VI--DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED AGENCIES
DEPARTMENT OF THE INTERIOR
United States Fish and Wildlife Service
resource management
(including transfers of funds)
For an additional amount for ``Resource Management'', $455,000,000,
to remain available until expended: Provided, That $91,000,000, to
remain available until expended, shall be made available for fiscal year
2022, $91,000,000, to remain available until expended, shall be made
available for fiscal year 2023, $91,000,000, to remain available until
expended, shall be made available for fiscal year 2024, $91,000,000, to
remain available until expended, shall be made available for fiscal year
2025, and $91,000,000, to remain available until expended, shall be made
available for fiscal year 2026: Provided further, That of the funds
made available under this heading in this Act, the following amounts
shall be for the following purposes in equal amounts for each of fiscal
years 2022 through 2026, and shall be in addition to amounts otherwise
made available for such purpose--
(1) $255,000,000 shall be for the following regional
ecosystem restoration purposes--
(A) $26,000,000 shall be for Delaware River Basin
Conservation Act;
(B) $162,000,000 shall be for Klamath Basin
restoration activities, including habitat restoration,
planning, design, engineering, environmental compliance,
fee acquisition, infrastructure development,
construction, operations and maintenance, improvements,
and expansion, as necessary, on lands currently leased
by the U.S. Fish and Wildlife Service for conservation
and recovery of endangered species;
(C) $17,000,000 shall be for implementing section
5(d)(2) of the Lake Tahoe Restoration Act; and
(D) $50,000,000 shall be for sagebrush steppe
ecosystem;
(2) $200,000,000 shall be for restoring fish and wildlife
passage by removing in-stream barriers and providing technical
assistance under the National Fish Passage Program:
Provided further, That one-half of one percent of the amounts made
available under this heading in this Act in each of fiscal years 2022
through 2026 shall be transferred to the Office of Inspector General of
the Department of the Interior for oversight of funding provided to the
Department of the Interior in this title
[[Page 135 STAT. 1390]]
in this Act: Provided further, That <<NOTE: Consent.>> nothing under
this heading in this Act shall be construed as providing any new
authority to remove, breach, or otherwise alter the operations of a
Federal hydropower dam and dam removal projects shall include written
consent of the dam owner, if ownership is established: Provided
further, That such amount is designated by the Congress as being for an
emergency requirement pursuant to section 4112(a) of H. Con. Res. 71
(115th Congress), the concurrent resolution on the budget for fiscal
year 2018, and to section 251(b) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
United States Geological Survey
surveys, investigations, and research
(including transfers of funds)
For an additional amount for ``Surveys, Investigations, and
Research'', $510,668,000, to remain available until expended, for the
Secretary of the Interior to carry out activities authorized in sections
40201, 40204, and 41003(a) of division D of this Act: Provided, That
amounts made available under this heading in this Act shall be allocated
as follows:
(1) $320,000,000 to carry out section 40201 of division D of
this Act: Provided, That $64,000,000, to remain available until
September 30, 2024, shall be made available for fiscal year
2022, $64,000,000, to remain available until September 30, 2025,
shall be made available for fiscal year 2023, $64,000,000, to
remain available until September 30, 2026, shall be made
available for fiscal year 2024, $64,000,000, to remain available
until September 30, 2027, shall be made available for fiscal
year 2025, and $64,000,000, to remain available until September
30, 2028, shall be made available for fiscal year 2026;
(2) $167,000,000, to remain available until expended, for
fiscal year 2022 to carry out section 40204 of division D of
this Act;
(3) $23,668,000 to carry out section 41003(a) of division D
of this Act: Provided, That $8,668,000, to remain available
until September 30, 2024, shall be made available for fiscal
year 2022, $5,000,000, to remain available until September 30,
2025, shall be made available for fiscal year 2023, $5,000,000,
to remain available until September 30, 2026, shall be made
available for fiscal year 2024, and $5,000,000, to remain
available until September 30, 2027, shall be made available for
fiscal year 2025:
Provided further, That amounts provided under this heading in this Act
shall be in addition to amounts otherwise available for such purposes:
Provided further, That one-half of one percent of the amounts made
available under this heading in this Act in each of fiscal years 2022
through 2026 shall be transferred to the Office of Inspector General of
the Department of the Interior for oversight of funding provided to the
Department of the Interior in this title in this Act: Provided further,
That such amount is designated by the Congress as being for an emergency
requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th
Congress), the concurrent resolution on the budget for fiscal year 2018,
and
[[Page 135 STAT. 1391]]
to section 251(b) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
Office of Surface Mining Reclamation and Enforcement
abandoned mine reclamation fund
(including transfers of funds)
For an additional amount to be deposited in the ``Abandoned Mine
Reclamation Fund'', $11,293,000,000, to remain available until expended,
to carry out section 40701 of division D of this Act: Provided, That of
the amount provided under this heading in this Act, $25,000,000, to
remain available until expended, shall be to carry out activities as
authorized in section 40701(g) of division D of this Act: Provided
further, That up to 3 percent of the amounts made available under this
heading in this Act shall be for salaries, expenses, and administration:
Provided further, That one-half of one percent of the amounts made
available under this heading in this Act shall be transferred to the
Office of Inspector General of the Department of the Interior for
oversight of funding provided to the Department of the Interior in this
title in this Act: Provided further, That such amount is designated by
the Congress as being for an emergency requirement pursuant to section
4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution
on the budget for fiscal year 2018, and to section 251(b) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Indian Affairs
Bureau of Indian Affairs
operation of indian programs
(including transfers of funds)
For an additional amount for ``Operation of Indian Programs'',
$216,000,000, to remain available until expended for tribal climate
resilience, adaptation, and community relocation planning, design, and
implementation of projects which address the varying climate challenges
facing tribal communities across the country: Provided, That of the
funds in the preceding proviso, $43,200,000, to remain available until
expended, shall be made available for fiscal year 2022, $43,200,000, to
remain available until expended, shall be made available for fiscal year
2023, $43,200,000, to remain available until expended shall be made
available for fiscal year 2024, $43,200,000, to remain available until
expended, shall be made available for fiscal year 2025, and $43,200,000,
to remain available until expended, shall be made available for fiscal
year 2026: Provided further, That of the funds made available under the
preceding proviso for fiscal years 2022 through 2026, $130,000,000 shall
be for community relocation, and $86,000,000 shall be for tribal climate
resilience and adaptation projects: Provided further, That up to 3
percent of the amounts made available under this heading in this Act in
each of fiscal years 2022 through 2026 shall be for salaries, expenses,
and administration: Provided further, That one-half of one percent of
the amounts made available under this heading in this Act in each of
fiscal years 2022 through 2026
[[Page 135 STAT. 1392]]
shall be transferred to the Office of Inspector General of the
Department of the Interior for oversight of funding provided to the
Department of the Interior in this title in this Act: Provided further,
That awards made under subsection (d) to Tribes and Tribal organizations
under the Indian Self-Determination and Education Assistance Act (25
U.S.C. 5301 et seq.) shall be considered non-recurring and shall not be
part of the amount required by section 106 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5325), and such
funds shall only be used for the purposes identified in this section:
Provided further, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section 4112(a) of H.
Con. Res. 71 (115th Congress), the concurrent resolution on the budget
for fiscal year 2018, and to section 251(b) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
construction
(including transfers of funds)
For an additional amount for ``Construction'', $250,000,000, to
remain available until expended, for construction, repair, improvement,
and maintenance of irrigation and power systems, safety of dams, water
sanitation, and other facilities: Provided, That any funds provided for
the Safety of Dams program pursuant to the Act of November 2, 1921 (25
U.S.C. 13), shall be made available on a nonreimbursable basis:
Provided further, That $50,000,000, to remain available until expended,
shall be made available for fiscal year 2022, $50,000,000, to remain
available until expended, shall be made available for fiscal year 2023,
$50,000,000, to remain available until expended, shall be made available
for fiscal year 2024, $50,000,000, to remain available until expended,
shall be made available for fiscal year 2025, and $50,000,000, to remain
available until expended, shall be made available for fiscal year 2026:
Provided further, That of the funds made available under this heading in
this Act for fiscal years 2022 through 2026--
(1) Not less than $50,000,000 shall be for addressing
irrigation and power systems; and
(2) $200,000,000 shall be for safety of dams, water
sanitation, and other facilities:
Provided further, That up to 3 percent of the amounts made available
under this heading in this Act in each of fiscal years 2022 through 2026
shall be for salaries, expenses, and administration: Provided further,
That one-half of one percent of the amounts made available under this
heading in this Act in each of fiscal years 2022 through 2026 shall be
transferred to the Office of Inspector General of the Department of the
Interior for oversight of funding provided to the Department of the
Interior in this title in this Act: Provided further, That such amount
is designated by the Congress as being for an emergency requirement
pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the
concurrent resolution on the budget for fiscal year 2018, and to section
251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985.
[[Page 135 STAT. 1393]]
Departmental Offices
Office of the Secretary
departmental operations
(including transfers of funds)
For an additional amount for ``Departmental Operations'',
$905,000,000, to remain available until expended, for the Secretary of
the Interior to carry out activities, as authorized in section 40804 of
division D of this Act: Provided, That $337,000,000, to remain
available until expended, shall be made available for fiscal year 2022,
$142,000,000, to remain available until expended, shall be made
available for fiscal year 2023, $142,000,000, to remain available until
expended, shall be made available for fiscal year 2024, $142,000,000, to
remain available until expended, shall be made available for fiscal year
2025, and $142,000,000, to remain available until expended, shall be
made available for fiscal year 2026: Provided further, That the
Secretary may transfer the funds provided under this heading in this Act
to any other account in the Department of the Interior to carry out such
purposes: Provided further, That the Secretary of the Interior and the
Secretary of Agriculture, acting through the Chief of the Forest
Service, may authorize the transfer of funds provided under this heading
in this Act between the Departments for the purpose of carrying out
activities as authorized in section 40804(b)(1) of division D of this
Act: Provided further, That up to 3 percent of the amounts made
available under this heading in this Act in each of fiscal years 2022
through 2026 shall be for salaries, expenses, and administration:
Provided further, That one-half of one percent of the amounts made
available under this heading in this Act in each of fiscal years 2022
through 2026 shall be transferred to the Office of Inspector General of
the Department of the Interior for oversight of funding provided to the
Department of the Interior in this title in this Act: Provided further,
That such amount is designated by the Congress as being for an emergency
requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th
Congress), the concurrent resolution on the budget for fiscal year 2018,
and to section 251(b) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Department-Wide Programs
wildland fire management
(including transfers of funds)
For an additional amount for ``Wildland Fire Management'',
$1,458,000,000, to remain available until expended: Provided, That
$407,600,000, to remain available until expended, shall be made
available for fiscal year 2022, $262,600,000, to remain available until
expended, shall be made available for fiscal year 2023, $262,600,000, to
remain available until expended, shall be made available for fiscal year
2024, $262,600,000, to remain available until expended, shall be made
available for fiscal year 2025, and $262,600,000, to remain available
until expended, shall be made available for fiscal year 2026: Provided
further, That of the funds
[[Page 135 STAT. 1394]]
made available under this heading in this Act, the following amounts
shall be for the following purposes for the following fiscal years--
(1) $1,055,000,000 for the Secretary of the Interior to
carry out activities for the Department of the Interior, as
authorized in section 40803 of division D of this Act, including
fuels management activities, of which $327,000,000, to remain
available until expended, shall be made available for fiscal
year 2022 and $182,000,000, to remain available until expended,
shall be made available for each of fiscal years 2023 through
2026;
(2) In addition to amounts made available in paragraph (1)
for fuels management activities, $35,600,000 for each of fiscal
years 2022 through 2026 for such purpose; and
(3) In addition to amounts made available in paragraph (1)
for burned area rehabilitation, $45,000,000 for each of fiscal
years 2022 through 2026 for such purpose:
Provided further, That up to $2,000,000 for each of fiscal years 2022
through 2026 from funds made available in paragraphs (2) and (3) of the
preceding proviso shall be for implementation of the Tribal Forestry
Protection Act, as amended (Public Law 108-278): Provided further, That
the Secretary may transfer the funds provided under this heading in this
Act to any other account in the Department of the Interior to carry out
such purposes: Provided further, That funds appropriated under this
heading in this Act may be transferred to the United States Fish and
Wildlife Service and the National Marine Fisheries Service for the costs
of carrying out their responsibilities under the Endangered Species Act
of 1973 (16 U.S.C. 1531 et seq.) to consult and conference, as required
by section 7 of such Act, in connection with wildland fire management
activities: Provided further, That up to 3 percent of the amounts made
available under this heading in this Act in each of fiscal years 2022
through 2026 shall be for salaries, expenses, and administration:
Provided further, That one-half of one percent of the amounts made
available under this heading in this Act in each of fiscal years 2022
through 2026 shall be transferred to the Office of Inspector General of
the Department of the Interior for oversight of funding provided to the
Department of the Interior in this title in this Act: Provided further,
That such amount is designated by the Congress as being for an emergency
requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th
Congress), the concurrent resolution on the budget for fiscal year 2018,
and to section 251(b) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Energy Community Revitalization Program
(including transfers of funds)
For an additional amount for Department-Wide Programs,
$4,677,000,000, to remain available until expended, for an Energy
Community Revitalization program to carry out orphaned well site
plugging, remediation, and restoration activities authorized in section
349 of the Energy Policy Act of 2005 (42 U.S.C. 15907), as amended by
section 40601 of division D of this Act: Provided, That of the funds
made available under this heading in this Act, the following amounts
shall be for the following purposes--
[[Page 135 STAT. 1395]]
(1) $250,000,000, to remain available until September 30,
2030, shall be to carry out activities authorized in section
349(b) of the Energy Policy Act of 2005 (42 U.S.C. 15907(b)), as
amended by section 40601 of division D of this Act;
(2) $775,000,000, to remain available until September 30,
2030, shall be to carry out activities authorized in section
349(c)(3) of the Energy Policy Act of 2005 (42 U.S.C.
15907(c)(3)), as amended by section 40601 of division D of this
Act;
(3) $2,000,000,000, to remain available until September 30,
2030, shall be to carry out activities authorized in section
349(c)(4) of the Energy Policy Act of 2005 (42 U.S.C.
15907(c)(4)), as amended by section 40601 of division D of this
Act;
(4) $1,500,000,000, to remain available until September 30,
2030, shall be to carry out activities authorized in section
349(c)(5) of the Energy Policy Act of 2005 (42 U.S.C.
15907(c)(5)), as amended by section 40601 of division D of this
Act;
(5) $150,000,000, to remain available until September 30,
2030, shall be to carry out activities authorized in section
349(d) of the Energy Policy Act of 2005 (42 U.S.C.15907(d)), as
amended by section 40601 of division D of this Act;
Provided further, That <<NOTE: Contracts.>> of the amount provided
under this heading in this Act, $2,000,000 shall be provided by the
Secretary through a cooperative agreement with the Interstate Oil and
Gas Compact Commission to carry out the consultations authorized in
section 349 of the Energy Policy Act of 2005 (42 U.S.C. 15907), as
amended by section 40601 of division D of this Act: Provided further,
That amounts provided under this heading in this Act shall be in
addition to amounts otherwise available for such purposes: Provided
further, That amounts provided under this heading in this Act are not
available to fulfill Comprehensive Environmental Response, Compensation,
and Liability Act (CERCLA) obligations agreed to in settlement or
imposed by a court, whether for payment of funds or for work to be
performed: Provided further, That the Secretary may transfer the funds
provided under this heading in this Act to any other account in the
Department of the Interior to carry out such purposes: Provided
further, That the Secretary may transfer funds made available in
paragraph (1) of the first proviso under this heading to the Secretary
of Agriculture, acting through the Chief of the Forest Service, to carry
out such purposes: Provided further, That up to 3 percent of the
amounts made available under this heading in this Act shall be for
salaries, expenses, and administration: Provided further, That one-half
of one percent of the amounts made available under this heading in this
Act shall be transferred to the Office of Inspector General of the
Department of the Interior for oversight of funding provided to the
Department of the Interior in this title in this Act: Provided further,
That such amount is designated by the Congress as being for an emergency
requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th
Congress), the concurrent resolution on the budget for fiscal year 2018,
and to section 251(b) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
[[Page 135 STAT. 1396]]
General Provisions, Department of the Interior
Sec. 601. Not <<NOTE: Deadline. Spend plans.>> later than 90 days
after the date of enactment of this Act, the Secretary of the Interior
shall submit to the House and Senate Committees on Appropriations a
detailed spend plan for the funds provided to the Department of the
Interior in this title in this Act for fiscal year 2022, and for each
fiscal year through 2026, as part of the annual budget submission of the
President under section 1105(a) of title 31, United States Code, the
Secretary of the Interior shall submit a detailed spend plan for the
funds provided to the Department of the Interior in this title in this
Act for that fiscal year.
ENVIRONMENTAL PROTECTION AGENCY
Environmental Programs and Management
(including transfers of funds)
For an additional amount for ``Environmental Programs and
Management'', $1,959,000,000, which shall be allocated as follows:
(1) $1,717,000,000, to remain available until expended, for
Geographic Programs as specified in the explanatory statement
described in section 4 of the matter preceding division A of
Public Law 116-260: Provided, That $343,400,000, to remain
available until expended, shall be made available for fiscal
year 2022, $343,400,000, to remain available until expended,
shall be made available for fiscal year 2023, $343,400,000, to
remain available until expended, shall be made available for
fiscal year 2024, $343,400,000, to remain available until
expended, shall be made available for fiscal year 2025, and
$343,400,000, to remain available until expended, shall be made
available for fiscal year 2026: Provided further, That of the
funds made available in this paragraph in this Act, the
following amounts shall be for the following purposes in equal
amounts for each of fiscal years 2022 through 2026--
(A) $1,000,000,000 shall be for Great Lakes
Restoration Initiative;
(B) $238,000,000 shall be for Chesapeake Bay;
(C) $24,000,000 shall be for San Francisco Bay;
(D) $89,000,000 shall be for Puget Sound;
(E) $106,000,000 shall be for Long Island Sound;
(F) $53,000,000 shall be for Gulf of Mexico;
(G) $16,000,000 shall be for South Florida;
(H) $40,000,000 shall be for Lake Champlain;
(I) $53,000,000 shall be for Lake Pontchartrain;
(J) $15,000,000 shall be for Southern New England
Estuaries;
(K) $79,000,000 shall be for Columbia River Basin;
and
(L) $4,000,000 shall be for other geographic
activities which includes Pacific Northwest:
Provided further, That <<NOTE: Waiver authority.>> the
Administrator may waive or reduce the required non-Federal share
for amounts made available under this paragraph in this Act for
the purposes described in the preceding proviso;
(2) $132,000,000, to remain available until expended, for
the National Estuary Program grants under section 320(g)(2)
[[Page 135 STAT. 1397]]
of the Federal Water Pollution Control Act, notwithstanding the
funding limitation in section 320(i)(2)(B) of the Act:
Provided, That $26,400,000, to remain available until expended,
shall be made available for fiscal year 2022, $26,400,000, to
remain available until expended, shall be made available for
fiscal year 2023, $26,400,000, to remain available until
expended, shall be made available for fiscal year 2024,
$26,400,000, to remain available until expended, shall be made
available for fiscal year 2025, and $26,400,000, to remain
available until expended, shall be made available for fiscal
year 2026: Provided further, That <<NOTE: Waiver authority.>>
the Administrator may waive or reduce the required non-Federal
share for amounts made available under this paragraph in this
Act: Provided further, That up to three percent of the amounts
made available under this paragraph in this Act shall be for
salaries, expenses, and administration;
(3) $60,000,000, to remain available until expended, for
actions under the Gulf Hypoxia Action Plan: Provided, That
$12,000,000, to remain available until expended, shall be made
available for fiscal year 2022, $12,000,000, to remain available
until expended, shall be made available for fiscal year 2023,
$12,000,000, to remain available until expended, shall be made
available for fiscal year 2024, $12,000,000, to remain available
until expended, shall be made available for fiscal year 2025,
and $12,000,000, to remain available until expended, shall be
made available for fiscal year 2026: <<NOTE: State listing.>>
Provided further, That funds shall be provided annually to the
twelve states serving as members of the Mississippi River/Gulf
of Mexico Watershed Nutrient Task Force (Arkansas, Iowa,
Illinois, Indiana, Kentucky, Louisiana, Minnesota, Missouri,
Mississippi, Ohio, Tennessee, and Wisconsin) in equal amounts
for each state for the period of fiscal year 2022 to fiscal year
2026: Provided further, That up to three percent of the amounts
made available under this paragraph in this Act shall be for
salaries, expenses, and administration;
(4) $25,000,000, to remain available until expended, to
support permitting of Class VI wells as authorized under section
40306 of division D of this Act, to be carried out by Drinking
Water Programs: Provided, That $5,000,000, to remain available
until expended, shall be made available for fiscal year 2022,
$5,000,000, to remain available until expended, shall be made
available for fiscal year 2023, $5,000,000, to remain available
until expended, shall be made available for fiscal year 2024,
$5,000,000, to remain available until expended, shall be made
available for fiscal year 2025, and $5,000,000, to remain
available until expended, shall be made available for fiscal
year 2026;
(5) $10,000,000, to remain available until September 30,
2026, for developing battery recycling best practices, as
authorized under section 70401(b) of division G of this Act, to
be carried out by the Resource Conservation and Recovery Act
program;
(6) $15,000,000, to remain available until September 30,
2026, for developing voluntary battery labeling guidelines, as
authorized under section 70401(c) of division G of this Act, to
be carried out by the Resource Conservation and Recovery Act
program;
[[Page 135 STAT. 1398]]
Provided, That funds provided for the purposes described in paragraphs
(1), (2), and (3) under this heading in this Act may be transferred to
the United States Fish and Wildlife Service and the National Marine
Fisheries Service for the costs of carrying out their responsibilities
under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) to
consult and conference, as required by section 7 of such Act, in
connection with Geographic programs, the National Estuary Program, and
the Gulf Hypoxia Action Plan: Provided further, That amounts provided
under this heading in this Act shall be in addition to amounts otherwise
available for such purposes: Provided further, That one-half of one
percent of the amounts made available under this heading in this Act in
each of fiscal years 2022 through 2026 shall be transferred to the
Office of Inspector General of the Environmental Protection Agency for
oversight of funding provided to the Environmental Protection Agency in
this title in this Act: Provided further, That such amount is
designated by the Congress as being for an emergency requirement
pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the
concurrent resolution on the budget for fiscal year 2018, and to section
251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985.
Hazardous Substance Superfund
(including transfers of funds)
For an additional amount for ``Hazardous Substance Superfund'',
$3,500,000,000, to remain available until expended, consisting of such
sums as are available in the Trust Fund on September 30, 2021, as
authorized by section 517(a) of the Superfund Amendments and
Reauthorization Act of 1986 (SARA) and up to $3,500,000,000 as a payment
from general revenues to the Hazardous Substance Superfund for purposes
as authorized by section 517(b) of SARA, for all costs associated with
Superfund: Remedial activities: Provided, That in providing technical
and project implementation assistance for amounts made available under
this heading in this Act, the Administrator shall consider the unique
needs of Tribal communities with contaminated sites where the
potentially responsible parties cannot pay or cannot be identified, but
shall not alter the process for prioritizing site cleanups: Provided
further, That amounts provided under this heading in this Act shall be
in addition to amounts otherwise available for such purposes: Provided
further, That amounts provided under this heading in this Act shall not
be subject to cost share requirements under section 104(c)(3) of the
Comprehensive Environmental Response, Compensation, and Liability Act of
1980 (CERCLA) (42 U.S.C. 9604(c)(3)): Provided further,
That <<NOTE: Reports.>> the Administrator of the Environmental
Protection Agency shall annually report to Congress on the status of
funded projects: Provided further, That one-half of one percent of the
amounts made available under this heading in this Act in each of fiscal
years 2022 through 2026 shall be transferred to the Office of Inspector
General of the Environmental Protection Agency for oversight of funding
provided to the Environmental Protection Agency in this title in this
Act: Provided further, That such amount is designated by the Congress
as being for an emergency requirement pursuant to section 4112(a) of H.
Con. Res. 71 (115th Congress), the concurrent resolution on the budget
[[Page 135 STAT. 1399]]
for fiscal year 2018, and to section 251(b) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
State and Tribal Assistance Grants
(including transfers of funds)
For an additional amount for ``State and Tribal Assistance Grants'',
$55,426,000,000, to remain available until expended: Provided, That
amounts made available under this heading in this Act shall be allocated
as follows:
(1) $11,713,000,000 for capitalization grants for the Clean
Water State Revolving Funds under title VI of the Federal Water
Pollution Control Act: Provided, That $1,902,000,000, to remain
available until expended, shall be made available for fiscal
year 2022, $2,202,000,000, to remain available until expended,
shall be made available for fiscal year 2023, $2,403,000,000, to
remain available until expended, shall be made available for
fiscal year 2024, $2,603,000,000, to remain available until
expended, shall be made available for fiscal year 2025, and
$2,603,000,000, to remain available until expended, shall be
made available for fiscal year 2026: Provided further, That for
the funds provided under this paragraph in this Act in fiscal
year 2022 and fiscal year 2023, the State shall deposit in the
State loan fund from State moneys an amount equal to at least 10
percent of the total amount of the grant to be made to the
State, notwithstanding sections 602(b)(2), 602(b)(3) or 202 of
the Federal Water Pollution Control Act: Provided further,
That <<NOTE: Contracts.>> for the funds made available under
this paragraph in this Act, forty-nine percent of the funds made
available to each State for Clean Water State Revolving Fund
capitalization grants shall be used by the State to provide
subsidy to eligible recipients in the form of assistance
agreements with 100 percent forgiveness of principal or grants
(or any combination of these), notwithstanding section
603(i)(3)(B) of the Federal Water Pollution Control Act (33
U.S.C. 1383): Provided further, That up to three percent of the
amounts made available under this paragraph in this Act in
fiscal year 2022 and up to two percent in each of fiscal years
2023 through 2026 shall be for salaries, expenses, and
administration: Provided further, That not less than 80 percent
of the amounts the Administrator uses in each fiscal year for
salaries, expenses, and administration from amounts made
available under this paragraph in this Act for such purposes
shall be used for purposes other than hiring full-time
employees: Provided further, That 0.35 percent of the amounts
made available under this paragraph in this Act in each of
fiscal years 2022 through 2026 shall be transferred to the
Office of Inspector General of the Environmental Protection
Agency for oversight of funding provided to the Environmental
Protection Agency in this title in this Act;
(2) $11,713,000,000 for capitalization grants for the
Drinking Water State Revolving Funds under section 1452 of the
Safe Drinking Water Act: Provided, That $1,902,000,000, to
remain available until expended, shall be made available for
fiscal year 2022, $2,202,000,000, to remain available until
expended, shall be made available for fiscal year 2023,
[[Page 135 STAT. 1400]]
$2,403,000,000, to remain available until expended, shall be
made available for fiscal year 2024, $2,603,000,000, to remain
available until expended, shall be made available for fiscal
year 2025, and $2,603,000,000, to remain available until
expended, shall be made available for fiscal year 2026:
Provided further, That for the funds provided under this
paragraph in this Act in fiscal year 2022 and fiscal year 2023,
the State shall deposit in the State loan fund from State moneys
an amount equal to at least 10 percent of the total amount of
the grant to be made to the State, notwithstanding section
1452(e) of the Safe Drinking Water Act: <<NOTE: Contracts.>>
Provided further, That for the funds made available under this
paragraph in this Act, forty-nine percent of the funds made
available to each State for Drinking Water State Revolving Fund
capitalization grants shall be used by the State to provide
subsidy to eligible recipients in the form of assistance
agreements with 100 percent forgiveness of principal or grants
(or any combination of these), notwithstanding section
1452(d)(2) of the Safe Drinking Water Act (42 U.S.C. 300j-12):
Provided further, That up to three percent of the amounts made
available under this paragraph in this Act in fiscal year 2022
and up to two percent in each of fiscal years 2023 through 2026
shall be for salaries, expenses, and administration: Provided
further, That not less than 80 percent of the amounts the
Administrator uses in each fiscal year for salaries, expenses,
and administration from amounts made available under this
paragraph in this Act for such purposes shall be used for
purposes other than hiring full-time employees: Provided
further, That 0.35 percent of the amounts made available under
this paragraph in this Act in each of fiscal years 2022 through
2026 shall be transferred to the Office of Inspector General of
the Environmental Protection Agency for oversight of funding
provided to the Environmental Protection Agency in this title in
this Act;
(3) $15,000,000,000 for capitalization grants for the
Drinking Water State Revolving Funds under section 1452 of the
Safe Drinking Water Act: Provided, That $3,000,000,000, to
remain available until expended, shall be made available for
fiscal year 2022, $3,000,000,000, to remain available until
expended, shall be made available for fiscal year 2023,
$3,000,000,000, to remain available until expended, shall be
made available for fiscal year 2024, $3,000,000,000, to remain
available until expended, shall be made available for fiscal
year 2025, and $3,000,000,000, to remain available until
expended, shall be made available for fiscal year 2026:
Provided further, That <<NOTE: Lead replacement.>> the funds
provided under this paragraph in this Act shall be for lead
service line replacement projects and associated activities
directly connected to the identification, planning, design, and
replacement of lead service lines: Provided further,
That <<NOTE: Contracts.>> for the funds made available under
this paragraph in this Act, forty-nine percent of the funds made
available to each State for Drinking Water State Revolving Fund
capitalization grants shall be used by the State to provide
subsidy to eligible recipients in the form of assistance
agreements with 100 percent forgiveness of principal or grants
(or any combination of these), notwithstanding section
1452(d)(2) of the Safe Drinking Water Act (42 U.S.C. 300j-12):
Provided further, That the funds provided under this paragraph
in this
[[Page 135 STAT. 1401]]
Act shall not be subject to the matching or cost share
requirements of section 1452(e) of the Safe Drinking Water Act:
Provided further, That up to three percent of the amounts made
available under this paragraph in this Act in fiscal year 2022
and up to two percent in each of fiscal years 2023 through 2026
shall be for salaries, expenses, and administration: Provided
further, That one-half of one percent of the amounts made
available under this paragraph in this Act in each of fiscal
years 2022 through 2026 shall be transferred to the Office of
Inspector General of the Environmental Protection Agency for
oversight of funding provided to the Environmental Protection
Agency in this title in this Act;
(4) $1,000,000,000 for capitalization grants for the Clean
Water State Revolving Funds under title VI of the Federal Water
Pollution Control Act: Provided, That $100,000,000, to remain
available until expended, shall be made available for fiscal
year 2022, $225,000,000, to remain available until expended,
shall be made available for fiscal year 2023, $225,000,000, to
remain available until expended, shall be made available for
fiscal year 2024, $225,000,000, to remain available until
expended, shall be made available for fiscal year 2025, and
$225,000,000, to remain available until expended, shall be made
available for fiscal year 2026: Provided further, That funds
provided under this paragraph in this Act shall be for eligible
uses under section 603(c) of the Federal Water Pollution Control
Act that address emerging contaminants: Provided further, That
funds provided under this paragraph in this Act shall not be
subject to the matching or cost share requirements of sections
602(b)(2), 602(b)(3), or 202 of the Federal Water Pollution
Control Act: <<NOTE: Contracts.>> Provided further, That funds
provided under this paragraph in this Act deposited into the
state revolving fund shall be provided to eligible recipients as
assistance agreements with 100 percent principal forgiveness or
as grants (or a combination of these): Provided further, That
up to three percent of the amounts made available under this
paragraph in this Act in fiscal year 2022 and up to two percent
in each of fiscal years 2023 through 2026 shall be for salaries,
expenses, and administration: Provided further, That one-half
of one percent of the amounts made available under this
paragraph in this Act in each of fiscal years 2022 through 2026
shall be transferred to the Office of Inspector General of the
Environmental Protection Agency for oversight of funding
provided to the Environmental Protection Agency in this title in
this Act;
(5) $4,000,000,000 for capitalization grants for the
Drinking Water State Revolving Funds under section 1452 of the
Safe Drinking Water Act: Provided, That $800,000,000, to remain
available until expended, shall be made available for fiscal
year 2022, $800,000,000, to remain available until expended,
shall be made available for fiscal year 2023, $800,000,000, to
remain available until expended, shall be made available for
fiscal year 2024, $800,000,000, to remain available until
expended, shall be made available for fiscal year 2025, and
$800,000,000, to remain available until expended, shall be made
available for fiscal year 2026: Provided further, That funds
provided under this paragraph in this Act shall be to address
emerging contaminants in drinking water with a focus on
[[Page 135 STAT. 1402]]
perfluoroalkyl and polyfluoroalkyl substances through
capitalization grants under section 1452(t) of the Safe Drinking
Water Act for the purposes described in section 1452(a)(2)(G) of
such Act: Provided further, That <<NOTE: Loans.>> funds
provided under this paragraph in this Act deposited into the
State revolving fund shall be provided to eligible recipients as
loans with 100 percent principal forgiveness or as grants (or a
combination of these): Provided further, That funds provided
under this paragraph in this Act shall not be subject to the
matching or cost share requirements of section 1452(e) of the
Safe Drinking Water Act: Provided further, That up to three
percent of the amounts made available under this paragraph in
this Act in fiscal year 2022 and up to two percent in each of
fiscal years 2023 through 2026 shall be for salaries, expenses,
and administration: Provided further, That one-half of one
percent of the amounts made available under this paragraph in
this Act in each of fiscal years 2022 through 2026 shall be
transferred to the Office of Inspector General of the
Environmental Protection Agency for oversight of funding
provided to the Environmental Protection Agency in this title in
this Act;
(6) $5,000,000,000 for grants for addressing emerging
contaminants under subsections (a) through (j) of section 1459A
of the Safe Drinking Water Act (42 U.S.C. 300j-19a): Provided,
That $1,000,000,000, to remain available until expended, shall
be made available for fiscal year 2022, $1,000,000,000, to
remain available until expended, shall be made available for
fiscal year 2023, $1,000,000,000, to remain available until
expended, shall be made available for fiscal year 2024,
$1,000,000,000, to remain available until expended, shall be
made available for fiscal year 2025, and $1,000,000,000, to
remain available until expended, shall be made available for
fiscal year 2026: Provided further, That funds provided to
States under this paragraph may be used for projects that
address emerging contaminants supporting a community described
in section 1459A, subsection (c)(2), of the Safe Drinking Water
Act, notwithstanding the definition of underserved communities
in section 1459A, subsection (a)(2), of the Safe Drinking Water
Act: Provided further, That funds provided under this paragraph
in this Act shall not be subject to the matching or cost share
requirements of section 1459A of the Safe Drinking Water Act:
Provided further, That up to three percent of the amounts made
available under this paragraph in this Act in each of fiscal
years 2022 through 2026 shall be for salaries, expenses, and
administration: Provided further, That one-half of one percent
of the amounts made available under this paragraph in this Act
in each of fiscal years 2022 through 2026 shall be transferred
to the Office of Inspector General of the Environmental
Protection Agency for oversight of funding provided to the
Environmental Protection Agency in this title in this Act;
(7) $50,000,000, to remain available until expended, to
award Underground Injection Control grants, as authorized under
section 40306 of division D of this Act, and for activities to
support states' efforts to develop programs leading to primacy:
Provided, That up to three percent of the amounts made available
under this paragraph in this Act shall be for salaries,
expenses, and administration: Provided further, That one-half
[[Page 135 STAT. 1403]]
of one percent of the amounts made available under this
paragraph in this Act shall be transferred to the Office of
Inspector General of the Environmental Protection Agency for
oversight of funding provided to the Environmental Protection
Agency in this title in this Act;
(8) $1,500,000,000 for brownfields activities: Provided,
That $300,000,000, to remain available until expended, shall be
made available for fiscal year 2022, $300,000,000, to remain
available until expended, shall be made available for fiscal
year 2023, $300,000,000, to remain available until expended,
shall be made available for fiscal year 2024, $300,000,000, to
remain available until expended, shall be made available for
fiscal year 2025, and $300,000,000, to remain available until
expended, shall be made available for fiscal year 2026:
Provided further, That of the amounts made available in this
paragraph in this Act, the following amounts shall be for the
following purposes, in equal amounts for each of fiscal years
2022 through 2026--
(A) $1,200,000,000 shall be to carry out Brownfields
projects authorized by section 104(k) of the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (CERCLA), including grants,
interagency agreements and associated program support
costs, of which up to $600,000,000, notwithstanding
funding limitations in such sections of such Act, may be
for--
(i) grants under section 104(k)(3)(A)(ii) of
CERCLA to remediate brownfields sites in amounts
not to exceed $5,000,000 per grant;
(ii) multipurpose grants under section
104(k)(4)(B)(i) of CERCLA in amounts not to exceed
$10,000,000 per grant;
(iii) grants under sections 104(k)(2)(B) and
104(k)(5)(A)(i) of CERCLA for site
characterization and assessment activities on a
community-wide or site-by-site basis in amounts
not to exceed $10,000,000 per grant and without
further limitation on the amount that may be
expended for any individual brownfield site;
(iv) grants under sections 104(k)(3)(A)(i) and
104(k)(5)(A)(ii) of CERCLA for capitalization of
revolving loan funds in amounts not to exceed
$10,000,000 per grant; and
(v) grants under section 104(k)(7) of CERCLA
for job training in amounts not to exceed
$1,000,000 per grant; and
(B) $300,000,000 shall be to carry out section 128
of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980:
Provided further, That funds provided under this paragraph in
this Act shall not be subject to cost share requirements under
section 104(k)(10)(B)(iii) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980: Provided
further, That <<NOTE: Reports.>> the Administrator of the
Environmental Protection Agency shall annually report to
Congress on the status of funded projects: Provided further,
That up to three percent of the amounts made available under
this paragraph in this Act in each of fiscal years 2022 through
2026 shall be for salaries, expenses, and administration:
Provided further,
[[Page 135 STAT. 1404]]
That one-half of one percent of the amounts made available under
this paragraph in this Act in each of fiscal years 2022 through
2026 shall be transferred to the Office of Inspector General of
the Environmental Protection Agency for oversight of funding
provided to the Environmental Protection Agency in this title in
this Act;
(9) $100,000,000 for all costs for carrying out section 6605
of the Pollution Prevention Act: Provided, That $20,000,000, to
remain available until expended, shall be made available for
fiscal year 2022, $20,000,000, to remain available until
expended, shall be made available for fiscal year 2023,
$20,000,000, to remain available until expended, shall be made
available for fiscal year 2024, $20,000,000, to remain available
until expended, shall be made available for fiscal year 2025,
and $20,000,000, to remain available until expended, shall be
made available for fiscal year 2026: Provided further, That
funds provided under this paragraph in this Act shall not be
subject to cost share requirements under section 6605(c) of the
Pollution Prevention Act: Provided further, That one-half of
one percent of the amounts made available under this paragraph
in this Act in each of fiscal years 2022 through 2026 shall be
transferred to the Office of Inspector General of the
Environmental Protection Agency for oversight of funding
provided to the Environmental Protection Agency in this title in
this Act;
(10) $275,000,000 for grants under section 302(a) of the
Save Our Seas 2.0 Act (Public Law 116-224): Provided, That
$55,000,000, to remain available until expended, shall be made
available for fiscal year 2022, $55,000,000, to remain available
until expended, shall be made available for fiscal year 2023,
$55,000,000, to remain available until expended, shall be made
available for fiscal year 2024, $55,000,000, to remain available
until expended, shall be made available for fiscal year 2025,
and $55,000,000, to remain available until expended, shall be
made available for fiscal year
2026: <<NOTE: Oklahoma. Determination. Alaska.>> Provided
further, That notwithstanding section 302(a) of such Act, the
Administrator may also provide grants pursuant to such authority
to tribes, intertribal consortia consistent with the
requirements in 40 CFR 35.504(a), former Indian reservations in
Oklahoma (as determined by the Secretary of the Interior), and
Alaskan Native Villages as defined in Public Law 92-203:
Provided further, That up to three percent of the amounts made
available under this paragraph in this Act in each of fiscal
years 2022 through 2026 shall be for salaries, expenses, and
administration: Provided further, That one-half of one percent
of the amounts made available under this paragraph in this Act
in each of fiscal years 2022 through 2026 shall be transferred
to the Office of Inspector General of the Environmental
Protection Agency for oversight of funding provided to the
Environmental Protection Agency in this title in this Act;
(11) $75,000,000 to award grants focused on improving
material recycling, recovery, management, and reduction, as
authorized under section 70402 of division G of this Act:
Provided, That $15,000,000, to remain available until expended,
shall be made available for fiscal year 2022, $15,000,000, to
remain available until expended, shall be made available for
fiscal year 2023, $15,000,000, to remain available until
[[Page 135 STAT. 1405]]
expended, shall be made available for fiscal year 2024,
$15,000,000, to remain available until expended, shall be made
available for fiscal year 2025, and $15,000,000, to remain
available until expended, shall be made available for fiscal
year 2026: Provided further, That up to three percent of the
amounts made available under this paragraph in this Act in each
of fiscal years 2022 through 2026 shall be for salaries,
expenses, and administration: Provided further, That one-half
of one percent of the amounts made available under this
paragraph in this Act in each of fiscal years 2022 through 2026
shall be transferred to the Office of Inspector General of the
Environmental Protection Agency for oversight of funding
provided to the Environmental Protection Agency in this title in
this Act;
(12) $5,000,000,000 for the Clean School Bus Program as
authorized under section 741 of the Energy Policy Act of 2005
(42 U.S.C. 16091), as amended by section 71101 of division G of
this Act: Provided, That $1,000,000,000, to remain available
until expended, shall be made available for fiscal year 2022,
$1,000,000,000, to remain available until expended, shall be
made available for fiscal year 2023, $1,000,000,000, to remain
available until expended, shall be made available for fiscal
year 2024, $1,000,000,000, to remain available until expended,
shall be made available for fiscal year 2025, and
$1,000,000,000, to remain available until expended, shall be
made available for fiscal year 2026: Provided further, That of
the funds provided, $500,000,000 shall be provided annually for
zero-emission school buses, as defined in section 741(a)(8) of
the Energy Policy Act of 2005 (42 U.S.C. 16091(a)(8)), as
amended by section 71101 of division G of this Act, and
$500,000,000 shall be provided annually for clean school buses
and zero-emission school buses, as defined in section 741(a)(3)
of the Energy Policy Act of 2005 (42 U.S.C. 16091(a)(3)), as
amended by section 71101 of division G of this Act: Provided
further, That up to three percent of the amounts made available
under this paragraph in this Act in each of fiscal years 2022
through 2026 shall be for salaries, expenses, and
administration: Provided further, That up to one-half of one
percent of the of the amounts made available under this heading
in this Act in each of fiscal years 2022 through 2026 shall be
transferred to the Office of Inspector General of the
Environmental Protection Agency for oversight of funding
provided to the Environmental Protection Agency in this title in
this Act: Provided further, That if there are unobligated funds
in any of fiscal years 2022 through 2026 after the Administrator
of the Environmental Protection Agency issues awards for that
fiscal year, States may compete for those funds, notwithstanding
the 10 percent limitation under section 741(b)(7)(B) of the
Energy Policy Act of 2005 (42 U.S.C. 16091(b)(7)(B)), as amended
by section 71101 of division G of this Act:
Provided further, That amounts provided under this heading in this Act
shall be in addition to amounts otherwise available for such purposes:
Provided further, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section 4112(a) of H.
Con. Res. 71 (115th Congress), the concurrent resolution on the budget
for fiscal year 2018, and to section
[[Page 135 STAT. 1406]]
251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985.
General Provisions--Environmental Protection Agency
(including transfers of funds)
Sec. 611. Funds made available to the Environmental Protection
Agency by this Act for salaries, expenses, and administration purposes
may be transferred to the ``Environmental Programs and Management''
account or the ``Science and Technology'' account as needed for such
purposes.
Sec. 612. Not <<NOTE: Deadline. Spend plans.>> later than 90 days
after the date of enactment of this Act, the Administrator of the
Environmental Protection Agency shall submit to the House and Senate
Committees on Appropriations a detailed spend plan for the funds
provided to the Environmental Protection Agency in this title for fiscal
year 2022, and for each fiscal year through 2026, as part of the annual
budget submission of the President under section 1105(a) of title 31,
United States Code, the Administrator of the Environmental Protection
Agency shall submit a detailed spend plan for the funds provided to the
Environmental Protection Agency in this title for that fiscal year.
Sec. 613. <<NOTE: 26 USC 9507 note.>> For this fiscal year and
each fiscal year thereafter, such sums as are available in the Hazardous
Substance Superfund established under section 9507 of the Internal
Revenue Code of 1986 at the end of the preceding fiscal year from taxes
received in the Treasury under subsection (b)(1) of such section shall
be available, without further appropriation, to be used to carry out the
Comprehensive Environmental Response, Compensation, and Liability Act of
1980 (42 U.S.C. 9601 et seq.).
Sec. 614. (a) Drinking Water.--There is authorized to be
appropriated to carry out the purposes of section 1452 of the Safe
Drinking Water Act (42 U.S.C. 300j-12), in addition to amounts otherwise
authorized to be appropriated for those purposes, an additional
$1,126,000,000 for each of fiscal years 2022 through 2026.
(b) Clean Water.--There is authorized to be appropriated to carry
out the purposes of title VI of the Federal Water Pollution Control Act
(33 U.S.C. 1381 et seq.), in addition to amounts otherwise authorized to
be appropriated for those purposes, an additional $1,639,000,000 for
each of fiscal years 2022 through 2026.
DEPARTMENT OF AGRICULTURE
Forest Service
forest and rangeland research
For an additional amount for ``Forest and Rangeland Research'',
$10,000,000, to remain available until September 30, 2029, for the
Secretary of Agriculture, acting through the Chief of the Forest
Service, to carry out activities of the Joint Fire Science Program, as
authorized in section 40803 of division D of this Act: Provided, That
$2,000,000, to remain available until September 30, 2025, shall be made
available for fiscal year 2022, $2,000,000, to remain available until
September 30, 2026, shall be made available for fiscal year 2023,
$2,000,000, to remain available until September
[[Page 135 STAT. 1407]]
30, 2027, shall be made available for fiscal year 2024, $2,000,000, to
remain available until September 30, 2028, shall be made available for
fiscal year 2025, and $2,000,000, to remain available until September
30, 2029, shall be made available for fiscal year 2026: Provided
further, That such amount is designated by the Congress as being for an
emergency requirement pursuant to section 4112(a) of H. Con. Res. 71
(115th Congress), the concurrent resolution on the budget for fiscal
year 2018, and to section 251(b) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
state and private forestry
(including transfers of funds)
For an additional amount for ``State and Private Forestry'',
$1,526,800,000, to remain available until September 30, 2029: Provided,
That $305,360,000, to remain available until September 30, 2025, shall
be made available for fiscal year 2022, $305,360,000, to remain
available until September 30, 2026, shall be made available for fiscal
year 2023, $305,360,000, to remain available until September 30, 2027,
shall be made available for fiscal year 2024, $305,360,000, to remain
available until September 30, 2028, shall be made available for fiscal
year 2025, and $305,360,000, to remain available until September 30,
2029, shall be made available for fiscal year 2026: Provided further,
That of the funds made available under this heading in this Act, the
following amounts shall be for the following purposes in equal amounts
for each of fiscal years 2022 through 2026--
(1) $718,000,000 for the Secretary of Agriculture, acting
through the Chief of the Forest Service, to carry out activities
for the Department of Agriculture, as authorized in sections
40803 and 40804 of division D of this Act;
(2) In addition to amounts made available in paragraph (1)
for grants to at-risk communities for wildfire mitigation
activities, not less than $500,000,000 for such purposes;
(3) Not less than $88,000,000 for State Fire Assistance; and
(4) Not less than $20,000,000 for Volunteer Fire Assistance:
Provided further, That amounts made available under this heading in
this Act for each of fiscal years 2022 through 2026 may be transferred
between accounts affected by the Forest Service budget restructure
outlined in section 435 of division D of the Further Consolidated
Appropriations Act, 2020 (Public Law 116-94) to carry out the activities
in support of this heading: Provided further, That up to 3 percent of
the amounts made available under this heading in this Act in each of
fiscal years 2022 through 2026 shall be for salaries, expenses, and
administration: Provided further, That one-half of one percent of the
amounts made available under this heading in this Act in each of fiscal
years 2022 through 2026 shall be transferred to the Office of Inspector
General of the Department of Agriculture for oversight of funding
provided to the Forest Service in this title in this Act: Provided
further, That such amount is designated by the Congress as being for an
emergency requirement pursuant to section 4112(a) of H. Con. Res. 71
(115th Congress), the concurrent resolution on the budget for fiscal
year 2018, and to section 251(b) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
[[Page 135 STAT. 1408]]
national forest system
(including transfers of funds)
For an additional amount for ``National Forest System'',
$2,854,000,000, to remain available until expended: Provided, That
$734,800,000, to remain available until expended, shall be made
available for fiscal year 2022, $529,800,000, to remain available until
expended, shall be made available for fiscal year 2023, $529,800,000, to
remain available until expended, shall be made available for fiscal year
2024, $529,800,000, to remain available until expended, shall be made
available for fiscal year 2025, and $529,800,000, to remain available
until expended, shall be made available for fiscal year 2026: Provided
further, That of the funds made available under this heading in this
Act, the following amounts shall be for the following purposes--
(1) $2,115,000,000 for the Secretary of Agriculture, acting
through the Chief of the Forest Service, to carry out activities
for the Department of Agriculture as authorized in sections
40803 and 40804 of division D of this Act, of which
$587,000,000, to remain available until expended, shall be made
available for fiscal year 2022 and $382,000,000, to remain
available until expended, shall be made available for each of
fiscal years 2023 through 2026;
(2) In addition to amounts made available in paragraph (1)
for hazardous fuels management activities, $102,800,000 for each
of fiscal years 2022 through 2026 for such purposes; and
(3) In addition to amounts made available in paragraph (1)
for burned area recovery, $45,000,000 for each of fiscal years
2022 through 2026 for such purposes:
Provided further, That up to $12,000,000 for each of fiscal years 2022
through 2026 from funds made available in paragraph (2) of the preceding
proviso may be used to make grants, using any authorities available for
the Forest Service under the ``State and Private Forestry''
appropriation for the purposes of creating incentives for increased use
of biomass from National Forest System lands, including the Community
Wood Energy Program and the Wood Innovation Grants Program: Provided
further, That up to $8,000,000 for each of fiscal years 2022 through
2026 from funds made available in paragraph (2) of the preceding proviso
shall be for implementation of the Tribal Forestry Protection Act, as
amended (Public Law 108-278): Provided further, That funds appropriated
under this heading in this Act may be transferred to the United States
Fish and Wildlife Service and the National Marine Fisheries Service for
the costs of carrying out their responsibilities under the Endangered
Species Act of 1973 (16 U.S.C. 1531 et seq.) to consult and conference,
as required by section 7 of such Act, in connection with wildland fire
management activities: Provided further, That the Secretary of the
Interior and the Secretary of Agriculture, acting through the Chief of
the Forest Service, may authorize the transfer of funds provided under
this heading in this Act between the Departments for the purpose of
carrying out activities as authorized in section 40804(b)(1) of division
D of this Act: Provided further, That amounts made available under this
heading in this Act for each of fiscal years 2022 through 2026 may be
transferred between accounts affected by the Forest
[[Page 135 STAT. 1409]]
Service budget restructure outlined in section 435 of division D of the
Further Consolidated Appropriations Act, 2020 (Public Law 116-94) to
carry out the activities in support of this heading: Provided further,
That amounts made available under this heading in this Act in each of
fiscal years 2022 through 2026 shall be available for salaries and
expenses: Provided further, That one-half of one percent of the amounts
made available under this heading in this Act in each of fiscal years
2022 through 2026 shall be transferred to the Office of Inspector
General of the Department of Agriculture for oversight of funding
provided to the Forest Service in this title in this Act: Provided
further, That such amount is designated by the Congress as being for an
emergency requirement pursuant to section 4112(a) of H. Con. Res. 71
(115th Congress), the concurrent resolution on the budget for fiscal
year 2018, and to section 251(b) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
capital improvement and maintenance
(including transfers of funds)
For an additional amount for ``Capital Improvement and
Maintenance'', $360,000,000, to remain available until September 30,
2029: Provided, That $72,000,000, to remain available until September
30, 2025, shall be made available for fiscal year 2022, $72,000,000, to
remain available until September 30, 2026, shall be made available for
fiscal year 2023, $72,000,000, to remain available until September 30,
2027, shall be made available for fiscal year 2024, $72,000,000, to
remain available until September 30, 2028, shall be made available for
fiscal year 2025, and $72,000,000, to remain available until September
30, 2029, shall be made available for fiscal year 2026: Provided
further, That of the funds made available under this heading in this
Act, the following amounts shall be for the following purposes in equal
amounts for each of fiscal years 2022 through 2026--
(1) $250,000,000 to carry out activities of the Legacy Road
and Trail Remediation Program, as authorized in Public Law 88-
657 (16 U.S.C. 532 et seq.) (commonly known as the ``Forest
Roads and Trails Act''), as amended by section 40801 of division
D of this Act;
(2) $100,000,000 for construction of temporary roads or
reconstruction and maintenance of roads to facilitate forest
restoration and management projects that reduce wildfire risk;
and
(3) $10,000,000 for the removal of non-hydropower Federal
dams and for providing dam removal technical assistance:
Provided further, That funds appropriated under this heading in this
Act may be transferred to the United States Fish and Wildlife Service
and the National Marine Fisheries Service for the costs of carrying out
their responsibilities under the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.) to consult and conference, as required by section 7
of such Act, in connection with wildland fire management activities:
Provided further, That amounts made available under this heading in this
Act for each of fiscal years 2022 through 2026 may be transferred
between accounts affected by the Forest Service budget restructure
outlined in section 435 of division D of the Further Consolidated
Appropriations Act, 2020
[[Page 135 STAT. 1410]]
(Public Law 116-94) to carry out the activities in support of this
heading: Provided further, That one-half of one percent of the amounts
made available under this heading in this Act in each of fiscal years
2022 through 2026 shall be transferred to the Office of Inspector
General of the Department of Agriculture for oversight of funding
provided to the Forest Service in this title in this Act: Provided
further, That such amount is designated by the Congress as being for an
emergency requirement pursuant to section 4112(a) of H. Con. Res. 71
(115th Congress), the concurrent resolution on the budget for fiscal
year 2018, and to section 251(b) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
wildland fire management
(including transfers of funds)
For an additional amount for ``Wildland Fire Management'',
$696,200,000 to remain available until expended, for the Secretary of
Agriculture, acting through the Chief of the Forest Service, to carry
out activities for the Department of Agriculture as authorized in
section 40803 of division D of this Act: Provided, That $552,200,000,
to remain available until expended, shall be made available for fiscal
year 2022, $36,000,000, to remain available until expended, shall be
made available for fiscal year 2023, $36,000,000, to remain available
until expended, shall be made available for fiscal year 2024,
$36,000,000, to remain available until expended, shall be made available
for fiscal year 2025, and $36,000,000, to remain available until
expended, shall be made available for fiscal year
2026: <<NOTE: Consultation.>> Provided further, That funds
appropriated under this heading in this Act may be transferred to the
United States Fish and Wildlife Service and the National Marine
Fisheries Service for the costs of carrying out their responsibilities
under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) to
consult and conference, as required by section 7 of such Act, in
connection with wildland fire management activities: Provided further,
That amounts made available under this heading in this Act for each of
fiscal years 2022 through 2026 may be transferred between accounts
affected by the Forest Service budget restructure outlined in section
435 of division D of the Further Consolidated Appropriations Act, 2020
(Public Law 116- 94) to carry out the activities in support of this
heading: Provided further, That amounts made available under this
heading in this Act in each of fiscal years 2022 through 2026, shall be
available for salaries and expenses to carry out such purposes:
Provided further, That one-half of one percent of the amounts made
available under this heading in this Act in each of fiscal years 2022
through 2026 shall be transferred to the Office of Inspector General of
the Department of Agriculture for oversight of funding provided to the
Forest Service in this title in this Act: Provided further, That such
amount is designated by the Congress as being for an emergency
requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th
Congress), the concurrent resolution on the budget for fiscal year 2018,
and to section 251(b) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
[[Page 135 STAT. 1411]]
administrative <<NOTE: Deadline. Spend plans.>> provision--forest
service
Not later than 90 days after the date of enactment of this Act, the
Secretary of Agriculture, acting through the Chief of the Forest
Service, shall submit to the House and Senate Committees on
Appropriations a detailed spend plan for the funds provided to the
Forest Service in this title in this Act for fiscal year 2022, and for
each fiscal year through 2026, as part of the annual budget submission
of the President under section 1105(a) of title 31, United States Code,
the Secretary shall submit a detailed spend plan for the funds provided
to the Forest Service in this title in this Act for that fiscal year.
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Indian Health Service
indian health facilities
(including transfers of funds)
For an additional amount for ``Indian Health Facilities'',
$3,500,000,000, to remain available until expended, for the provision of
domestic and community sanitation facilities for Indians, as authorized
by section 7 of the Act of August 5, 1954 (68 Stat. 674): Provided,
That $700,000,000, to remain available until expended, shall be made
available for fiscal year 2022, $700,000,000, to remain available until
expended, shall be made available for fiscal year 2023, $700,000,000, to
remain available until expended, shall be made available for fiscal year
2024, $700,000,000, to remain available until expended, shall be made
available for fiscal year 2025, and $700,000,000, to remain available
until expended, shall be made available for fiscal year 2026: Provided
further, That of the amounts made available under this heading, up to
$2,200,000,000 shall be for projects that exceed the economical unit
cost and shall be available until expended: Provided further, That up
to three percent of the amounts made available in each fiscal year shall
be for salaries, expenses, and administration: Provided further, That
one-half of one percent of the amounts made available under this heading
in this Act in each fiscal years 2022 through 2026 shall be transferred
to the Office of Inspector General of the Department of Health and Human
Services for oversight of funding provided to the Department of Health
and Human Services in this title in this Act: Provided further, That no
funds available to the Indian Health Service for salaries, expenses,
administration, and oversight shall be available for contracts, grants,
compacts, or cooperative agreements under the provisions of the Indian
Self-Determination and Education Assistance Act as amended: Provided
further, That funds under this heading made available to Tribes and
Tribal organizations under the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 5301 et seq.) shall be available on a one-time
basis, are nonrecurring, and shall not be part of the amount required by
section 106 of the Indian Self-Determination and Education Assistance
Act (25 U.S.C. 5325), and shall only be used for the purposes identified
in this heading: Provided further, That not later than 90
days <<NOTE: Deadline. Spend plan.>> after the date of enactment of
this Act, the Secretary of Health and Human Services shall submit to the
House and Senate Committees on Appropriations a detailed
[[Page 135 STAT. 1412]]
spend plan for fiscal year 2022: Provided further, That <<NOTE: Spend
plan.>> for each fiscal year through 2026, as part of the annual budget
submission of the President under section 1105(a) of title 31, United
States Code, the Secretary of Health and Human Services shall submit a
detailed spend plan for that fiscal year: Provided further, That such
amount is designated by the Congress as being for an emergency
requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th
Congress), the concurrent resolution on the budget for fiscal year 2018,
and to section 251(b) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
TITLE VII--LABOR, HEALTH AND HUMAN SERVICES, AND EDUCATION, AND RELATED
AGENCIES
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Administration for Children and Families
low income home energy assistance
For an additional amount for ``Low Income Home Energy Assistance'',
$500,000,000, to remain available through September 30, 2026, for making
payments under subsection (b) of section 2602 of the Low-Income Home
Energy Assistance Act of 1981 (42 U.S.C. 8621 et seq.): Provided, That
$100,000,000, to remain available until September 30, 2026, shall be
made available in fiscal year 2022, $100,000,000, to remain available
until September 30, 2026, shall be made available in fiscal year 2023,
$100,000,000, to remain available until September 30, 2026, shall be
made available in fiscal year 2024, $100,000,000, to remain available
until September 30, 2026, shall be made available in fiscal year 2025,
and $100,000,000, to remain available until September 30, 2026, shall be
made available in fiscal year 2026: Provided further, That, of the
amount available for obligation in a fiscal year under this heading in
this Act, $50,000,000 shall be allocated as though the total
appropriation for such payments for such fiscal year was less than
$1,975,000,000: Provided further, That such amount is designated by the
Congress as being for an emergency requirement pursuant to section
4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution
on the budget for fiscal year 2018, and to section 251(b) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
TITLE VIII--TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED
AGENCIES
DEPARTMENT OF TRANSPORTATION
Office of the Secretary
national infrastructure investments
For an additional amount for ``National Infrastructure
Investments'', $12,500,000,000, to remain available until expended, for
necessary expenses to carry out chapter 67 of title 49, United States
Code, of which $5,000,000,000 shall be to carry out section 6701 of such
title and $7,500,000,000 shall be to carry out section 6702 of such
title: Provided, That, of the amount made available
[[Page 135 STAT. 1413]]
under this heading in this Act to carry out section 6701 of title 49,
United States Code, $1,000,000,000, to remain available until expended,
shall be made available for fiscal year 2022, $1,000,000,000, to remain
available until expended, shall be made available for fiscal year 2023,
$1,000,000,000, to remain available until expended, shall be made
available for fiscal year 2024, $1,000,000,000, to remain available
until expended, shall be made available for fiscal year 2025, and
$1,000,000,000, to remain available until expended, shall be made
available for fiscal year 2026: Provided further, That, of the amount
made available under this heading in this Act to carry out section 6702
of title 49, United States Code, $1,500,000,000, to remain available
until September 30, 2026, shall be made available for fiscal year 2022,
$1,500,000,000, to remain until September 30, 2027, shall be made
available for fiscal year 2023, $1,500,000,000, to remain available
until September 30, 2028, shall be made available for fiscal year 2024,
$1,500,000,000, to remain available until September 30, 2029, shall be
made available for fiscal year 2025, and $1,500,000,000, to remain
available September 30, 2030, shall be made available for fiscal year
2026: Provided further, That such amount is designated by the Congress
as being for an emergency requirement pursuant to section 4112(a) of H.
Con. Res. 71 (115th Congress), the concurrent resolution on the budget
for fiscal year 2018, and pursuant to section 251(b) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
safe streets and roads for all grants
For an additional amount for ``Safe Streets and Roads for All
Grants'', $5,000,000,000, to remain available until expended, for
competitive grants, as authorized under section 24112 of division B of
this Act: Provided, That $1,000,000,000, to remain available until
expended, shall be made available for fiscal year 2022, $1,000,000,000,
to remain available until expended, shall be made available for fiscal
year 2023, $1,000,000,000, to remain available until expended, shall be
made available for fiscal year 2024, $1,000,000,000, to remain available
until expended, shall be made available for fiscal year 2025, and
$1,000,000,000, to remain available until expended, shall be made
available for fiscal year 2026: Provided further,
That <<NOTE: Notice. Deadline.>> the Secretary shall issue a notice of
funding opportunity not later than 180 days after each date upon which
funds are made available under the preceding proviso: Provided further,
That <<NOTE: Awards. Deadline.>> the Secretary shall make awards not
later than 270 days after issuing the notices of funding opportunity
required under the preceding proviso: Provided further, That such
amount is designated by the Congress as being for an emergency
requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th
Congress), the concurrent resolution on the budget for fiscal year 2018,
and to section 251(b) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
national culvert removal, replacement, and restoration grants
For an additional amount for ``National Culvert Removal,
Replacement, and Restoration Grants'', $1,000,000,000, to remain
available until expended, as authorized by section 6203 of title 49,
United States Code: Provided, That $200,000,000, to remain
[[Page 135 STAT. 1414]]
available until expended, shall be made available for fiscal year 2022,
$200,000,000, to remain available until expended, shall be made
available for fiscal year 2023, $200,000,000, to remain available until
expended, shall be made available for fiscal year 2024, $200,000,000, to
remain available until expended, shall be made available for fiscal year
2025, and $200,000,000, to remain available until expended, shall be
made available for fiscal year 2026: Provided further, That such amount
is designated by the Congress as being for an emergency requirement
pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the
concurrent resolution on the budget for fiscal year 2018, and to section
251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985.
strengthening mobility and revolutionizing transportation grant program
For an additional amount for ``Strengthening Mobility and
Revolutionizing Transportation Grant Program'', $500,000,000, to remain
available until expended, as authorized by section 25005 of division B
of this Act: Provided, That $100,000,000, to remain available until
expended, shall be made available for fiscal year 2022, $100,000,000, to
remain available until expended, shall be made available for fiscal year
2023, $100,000,000, to remain available until expended, shall be made
available for fiscal year 2024, $100,000,000, to remain available until
expended, shall be made available for fiscal year 2025, and
$100,000,000, to remain available until expended, shall be made
available for fiscal year 2026: Provided further, That such amount is
designated by the Congress as being for an emergency requirement
pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the
concurrent resolution on the budget for fiscal year 2018, and to section
251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985.
administrative provisions--office of the secretary of transportation
(including transfer of funds)
Sec. 801. (a) Amounts made available to the Secretary of
Transportation or the Department of Transportation's Operating
Administrations in this title in this Act and in section 117 of title
23, United States Code, for fiscal years 2022 through 2026 for the costs
of award, administration, or oversight of financial assistance under the
programs administered by the Office of Multimodal Infrastructure and
Freight may be transferred to an ``Office of Multimodal Infrastructure
and Freight'' account, to remain available until expended, for the
necessary expenses of award, administration, or oversight of any
discretionary financial assistance programs funded under this title in
this Act or division A of this Act: Provided, That one-half of one
percent of the amounts transferred pursuant to the authority in this
section in each of fiscal years 2022 through 2026 shall be transferred
to the Office of Inspector General of the Department of Transportation
for oversight of funding provided to the Department of Transportation in
this title in this Act: Provided further, That the amount provided by
this section is designated by the Congress as being for an emergency
requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th
Congress), the concurrent resolution on the budget
[[Page 135 STAT. 1415]]
for fiscal year 2018, and to section 251(b) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
(b) In addition to programs identified in section 118(d) of title
49, United States Code, the Office of Multimodal Infrastructure and
Freight shall administer, with support from the Department's Operating
Administrations, the following financial assistance programs--
(1) the national infrastructure projects program under
section 6701 of title 49, United States Code;
(2) the local and regional projects program under section
6702 of title 49, United States Code;
(3) the strengthening mobility and revolutionizing
transportation grant program under section 25005 of division B
of this Act;
(4) the nationally significant freight and highways projects
under section 117 of title 23, United States Code;
(5) the national culvert removal, replacement, and
restoration grant program under section 6203 of title 49, United
States Code; and
(6) other discretionary financial assistance programs that
the Secretary determines should be administered by the Office of
Multimodal Infrastructure and Freight, subject to the approval
of the House and Senate Committees on Appropriations as required
under section 405 of Division L of the Consolidated
Appropriations Act, 2021.
Federal Aviation Administration
facilities and equipment
For an additional amount for ``Facilities and Equipment'',
$5,000,000,000, to remain available until expended: Provided, That
$1,000,000,000, to remain available until expended, shall be made
available for fiscal year 2022, $1,000,000,000, to remain available
until expended, shall be made available for fiscal year 2023,
$1,000,000,000, to remain available until expended, shall be made
available for fiscal year 2024, $1,000,000,000, to remain available
until expended, shall be made available for fiscal year 2025, and
$1,000,000,000, to remain available until expended, shall be made
available for fiscal year 2026: Provided further, That amounts made
available under this heading in this Act shall be derived from the
general fund of the Treasury: Provided further, That funds provided
under this heading in this Act shall be for: (1) replacing terminal and
en route air traffic control facilities; (2) improving air route traffic
control center and combined control facility buildings; (3) improving
air traffic control en route radar facilities; (4) improving air traffic
control tower and terminal radar approach control facilities; (5)
national airspace system facilities OSHA and environmental standards
compliance; (6) landing and navigational aids; (7) fuel storage tank
replacement and management; (8) unstaffed infrastructure sustainment;
(9) real property disposition; (10) electrical power system sustain and
support; (11) energy maintenance and compliance; (12) hazardous
materials management and environmental cleanup; (13) facility security
risk management; (14) mobile asset management program; and (15)
administrative expenses, including salaries and expenses,
administration, and oversight: Provided further, That not less than
$200,000,000 of
[[Page 135 STAT. 1416]]
the funds made available under this heading in this Act shall be for air
traffic control towers that are owned by the Federal Aviation
Administration and staffed through the contract tower program: Provided
further, That <<NOTE: Deadline. Spend plan. List.>> not later than 90
days after the date of enactment of this Act, the Secretary of
Transportation shall submit to the House and Senate Committees on
Appropriations a detailed spend plan, including a list of project
locations of air traffic control towers and contract towers, to be
funded for fiscal year 2022: Provided further, That <<NOTE: Spend
plan. List.>> for each fiscal year through 2026, as part of the annual
budget submission of the President under section 1105(a) of title 31,
United States Code, the Secretary of Transportation shall submit a
detailed spend plan for funding that will be made available under this
heading in the upcoming fiscal year, including a list of projects for
replacing facilities that are owned by the Federal Aviation
Administration, including air traffic control towers that are staffed
through the contract tower program: Provided further, That such amount
is designated by the Congress as being for an emergency requirement
pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the
concurrent resolution on the budget for fiscal year 2018, and to section
251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985.
airport infrastructure grants
(including transfer of funds)
For an additional amount for ``Airport Infrastructure Grants'',
$15,000,000,000, to remain available until September 30, 2030:
Provided, That $3,000,000,000, to remain available until September 30,
2026, shall be made available for fiscal year 2022, $3,000,000,000, to
remain available until September 30, 2027, shall be made available for
fiscal year 2023, $3,000,000,000, to remain available until September
30, 2028, shall be made available for fiscal year 2024, $3,000,000,000,
to remain available until September 30, 2029, shall be made available
for fiscal year 2025, and $3,000,000,000, to remain available until
September 30, 2030, shall be made available for fiscal year 2026:
Provided further, That amounts made available under this heading in this
Act shall be derived from the general fund of the Treasury: Provided
further, That amounts made available under this heading in this Act
shall be made available to sponsors of any airport eligible to receive
grants under section 47115 of title 49, United States Code, for airport-
related projects defined under section 40117(a)(3) of title 49, United
States Code: Provided further, That of the funds made available under
this heading in this Act, in each of fiscal years 2022 through 2026--
(1) Not more than $2,480,000,000 shall be available for
primary airports as defined in section 47102(16) of title 49,
United States Code, and certain cargo airports: Provided, That
such funds shall not be subject to the reduced apportionments of
section 47114(f) of title 49, United States Code: Provided
further, That <<NOTE: Apportionment.>> such funds shall first
be apportioned as set forth in sections 47114(c)(1)(A),
47114(c)(1)(C)(i), 47114(c)(1)(C)(ii), 47114(c)(2)(A),
47114(c)(2)(B), and 47114(c)(2)(E), 47114(c)(1)(J) of title 49,
United States Code: Provided further, That there shall be no
maximum apportionment limit: Provided further,
[[Page 135 STAT. 1417]]
That any remaining funds after such apportionment shall be
distributed to all sponsors of primary airports (as defined in
section 47102(16) of title 49, United States Code) based on each
such airport's passenger enplanements compared to total
passenger enplanements of all airports defined in section
47102(16) of title 49, United States Code, for calendar year
2019 in fiscal years 2022 and 2023 and thereafter for the most
recent calendar year enplanements upon which the Secretary has
apportioned funds pursuant to section 47114(c) of title 49,
United States Code;
(2) Not more than $500,000,000 shall be for general aviation
and commercial service airports that are not primary airports as
defined in paragraphs (7), (8), and (16) of section 47102 of
title 49, United States Code: Provided,
That <<NOTE: Apportionment.>> the Secretary of Transportation
shall apportion the remaining funds to each non-primary airport
based on the categories published in the most current National
Plan of Integrated Airport Systems, reflecting the percentage of
the aggregate published eligible development costs for each such
category, and then dividing the allocated funds evenly among the
eligible airports in each category, rounding up to the nearest
thousand dollars: Provided further, That any remaining funds
under this paragraph in this Act shall be distributed as
described in paragraph (3) in this proviso under this heading in
this Act; and
(3) $20,000,000 for the Secretary of Transportation to make
competitive grants to sponsors of airports participating in the
contract tower program and the contract tower cost share program
under section 47124 of title 49, United States Code to: (1)
sustain, construct, repair, improve, rehabilitate, modernize,
replace or relocate nonapproach control towers; (2) acquire and
install air traffic control, communications, and related
equipment to be used in those towers; and (3) construct a remote
tower certified by the Federal Aviation Administration,
including acquisition and installation of air traffic control,
communications, or related equipment: Provided, That the
Federal Aviation Administration shall give priority
consideration to projects that enhance aviation safety and
improve air traffic efficiency: Provided further, That the
Federal share of the costs for which a grant is made under this
paragraph shall be 100 percent:
Provided further, That any funds made available in a given fiscal year
that remain unobligated at the end of the fourth fiscal year after which
they were first made available for obligation shall be made available in
the fifth fiscal year after which they were first made available for
obligation to the Secretary for competitive grants: Provided further,
That of the amounts made available to the Secretary for competitive
grants under the preceding proviso, the Secretary shall first provide up
to $100,000,000, as described in paragraph (3) of the fourth proviso,
and any remaining unobligated balances in excess of that amount shall be
available to the Secretary for competitive grants otherwise eligible
under the third proviso that reduce airport emissions, reduce noise
impact to the surrounding community, reduce dependence on the electrical
grid, or provide general benefits to the surrounding community:
Provided further, That none of the amounts made available under this
heading in this Act may be used to pay for airport debt service:
Provided further, That a grant made from funds made available
[[Page 135 STAT. 1418]]
under this heading in this Act shall be treated as having been made
pursuant to the Secretary's authority under section 47104(a) of title
49, United States Code: Provided further, That up to 3 percent of the
amounts made available under this heading in this Act in each of fiscal
years 2022 through 2026 shall be for personnel, contracting, and other
costs to administer and oversee grants, of which $1,000,000 in each
fiscal year shall be transferred to the Office of Inspector General of
the Department of Transportation for oversight of funding provided to
the Department of Transportation in this title in this Act: Provided
further, That the Federal share of the costs of a project under
paragraphs (1) and (2) of the fourth proviso under this heading shall be
the percent for which a project for airport development would be
eligible under section 47109 of title 49, United States Code: Provided
further, That obligations of funds under this heading in this Act shall
not be subject to any limitations on obligations provided in any Act
making annual appropriations: Provided further, That such amount is
designated by the Congress as being for an emergency requirement
pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the
concurrent resolution on the budget for fiscal year 2018, and to section
251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985.
airport terminal program
(including transfer of funds)
For an additional amount for ``Airport Terminal Program'',
$5,000,000,000, to remain available until September 30, 2030, for the
Secretary of Transportation to provide competitive grants for airport
terminal development projects that address the aging infrastructure of
the nation's airports: Provided, That $1,000,000,000, to remain
available until September 30, 2026, shall be made available for fiscal
year 2022, $1,000,000,000, to remain available until September 30, 2027,
shall be made available for fiscal year 2023, $1,000,000,000, to remain
available until September 30, 2028, shall be made available for fiscal
year 2024, $1,000,000,000, to remain available until September 30, 2029,
shall be made available for fiscal year 2025, and $1,000,000,000, to
remain available until September 30, 2030, shall be made available for
fiscal year 2026: Provided further, That amounts made available under
this heading in this Act shall be derived from the general fund of the
Treasury: Provided further, That <<NOTE: Notice. Deadline.>> the
Secretary shall issue a notice of funding opportunity not later than 60
days after the date of enactment of this Act: Provided further, That of
the funds made available under this heading in this Act, not more than
55 percent shall be for large hub airports, not more than 15 percent
shall be for medium hub airports, not more than 20 percent shall be for
small hub airports, and not less than 10 percent shall be for nonhub and
nonprimary airports: Provided further, That in awarding grants for
terminal development projects from funds made available under this
heading in this Act, the Secretary may consider projects that qualify as
``terminal development'' (including multimodal terminal development), as
that term is defined in 49 U.S.C. Sec. 47102(28), projects for on-
airport rail access projects as set forth in Passenger Facility Charge
(PFC) Update 75-21, and projects for relocating, reconstructing,
repairing, or improving an airport-owned air traffic
[[Page 135 STAT. 1419]]
control tower: Provided further, That in awarding grants for terminal
development projects from funds made available under this heading in
this Act, the Secretary shall give consideration to projects that
increase capacity and passenger access; projects that replace aging
infrastructure; projects that achieve compliance with the Americans with
Disabilities Act and expand accessibility for persons with disabilities;
projects that improve airport access for historically disadvantaged
populations; projects that improve energy efficiency, including
upgrading environmental systems, upgrading plant facilities, and
achieving Leadership in Energy and Environmental Design (LEED)
accreditation standards; projects that improve airfield safety through
terminal relocation; and projects that encourage actual and potential
competition: Provided further, That the Federal share of the cost of a
project carried out from funds made available under this heading in this
Act shall be 80 percent for large and medium hub airports and 95 percent
for small hub, nonhub, and nonprimary airports: Provided further, That
a grant made from funds made available under this heading in this Act
shall be treated as having been made pursuant to the Secretary's
authority under section 47104(a) of title 49, United States Code:
Provided further, That the Secretary may provide grants from funds made
available under this heading in this Act for a project at any airport
that is eligible to receive a grant from the discretionary fund under
section 47115(a) of title 49, United States Code: Provided further,
That in making awards from funds made available under this heading in
this Act, the Secretary shall provide a preference to projects that
achieve a complete development objective, even if awards for the project
must be phased, and the Secretary shall prioritize projects that have
received partial awards: Provided further, That up to 3 percent of the
amounts made available under this heading in this Act in each fiscal
year shall be for personnel, contracting and other costs to administer
and oversee grants, of which $1,000,000 in each fiscal year shall be
transferred to the Office of Inspector General of the Department of
Transportation for oversight of funding provided to the Department of
Transportation in this title in this Act: Provided further, That such
amount is designated by the Congress as being for an emergency
requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th
Congress), the concurrent resolution on the budget for fiscal year 2018,
and to section 251(b) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Federal Highway Administration
highway infrastructure <<NOTE: State and local governments. Electric
vehicles.>> program
(including transfer of funds)
For an additional amount for ``Highway Infrastructure Programs'',
$47,272,000,000, to remain available until expended except as otherwise
provided under this heading: Provided, That of the amount provided
under this heading in this Act, $9,454,400,000, to remain available
until September 30, 2025, shall be made available for fiscal year 2022,
$9,454,400,000, to remain available until September 30, 2026, shall be
made available for fiscal year 2023, $9,454,400,000, to remain available
until September 30, 2027, shall be made available for fiscal year 2024,
$9,454,400,000, to remain
[[Page 135 STAT. 1420]]
available until September 30, 2028, shall be made available for fiscal
year 2025, and $9,454,400,000, to remain available until September 30,
2029, shall be made available for fiscal year 2026: Provided further,
That the funds made available under this heading in this Act shall be
derived from the general fund of the Treasury, shall be in addition to
any other amounts made available for such purpose, and shall not affect
the distribution or amount of funds provided in any Act making annual
appropriations: Provided further, That, except for funds provided in
paragraph (1) under this heading in this Act, up to 1.5 percent of the
amounts made available under this heading in this Act in each of fiscal
years 2022 through 2026 shall be for operations and administrations of
the Federal Highway Administration, of which $1,000,000 in each fiscal
year shall be transferred to the Office of the Inspector General of the
Department of Transportation for oversight of funding provided to the
Department of Transportation in this title in this Act: Provided
further, That the amounts made available in the preceding proviso may be
combined with the funds made available in paragraph (1) under this
heading in this Act for the same purposes in the same account: Provided
further, That the funds made available under this heading in this Act
shall not be subject to any limitation on obligations for Federal-aid
highways or highway safety construction programs set forth in any Act
making annual appropriations: Provided further, That, of the amount
provided under this heading in this Act, the following amounts shall be
for the following purposes in equal amounts for each of fiscal years
2022 through 2026--
(1) $27,500,000,000 shall be for a bridge replacement,
rehabilitation, preservation, protection, and construction
program: Provided further, That, except as otherwise provided
under this paragraph in this Act, the funds made available under
this paragraph in this Act shall be administered as if
apportioned under chapter 1 of title 23, United States Code:
Provided further, That a project funded with funds made
available under this paragraph in this Act shall be treated as a
project on a Federal-aid highway: Provided further, That, of
the funds made available under this paragraph in this Act for a
fiscal year, 3 percent shall be set aside to carry out section
202(d) of title 23, United States Code: Provided further, That
funds set aside under the preceding proviso to carry out section
202(d) of such title shall be in addition to funds otherwise
made available to carry out such section and shall be
administered as if made available under such section: Provided
further, That for funds set aside under the third proviso of
this paragraph in this Act to carry out section 202(d) of title
23, United States Code, the Federal share of the costs shall be
100 percent: Provided further, That, <<NOTE: Definitions.>>
for the purposes of funds made available under this paragraph in
this Act: (1) the term ``State'' has the meaning given such term
in section 101 of title 23, United States Code; (2) the term
``off-system bridge'' means a highway bridge located on a public
road, other than a bridge on a Federal-aid highway; and (3) the
term ``Federal-aid highway'' means a public highway eligible for
assistance under chapter 1 of title 23, United States Code,
other than a highway functionally classified as a local road or
rural minor collector: Provided further, That up to one-half of
one percent of the amounts made available under this
[[Page 135 STAT. 1421]]
paragraph in this Act in each fiscal year shall be for the
administration and operations of the Federal Highway
Administration: Provided further, That, after setting aside
funds under the third proviso of this paragraph in this Act the
Secretary shall distribute the remaining funds made available
under this paragraph in this Act among States as follows--
(A) 75 percent by the proportion that the total cost
of replacing all bridges classified in poor condition in
such State bears to the sum of the total cost to replace
all bridges classified in poor condition in all States;
and
(B) 25 percent by the proportion that the total cost
of rehabilitating all bridges classified in fair
condition in such State bears to the sum of the total
cost to rehabilitate all bridges classified in fair
condition in all States:
Provided further, That the amounts calculated under the preceding
proviso shall be adjusted such that each State receives, for each of
fiscal years 2022 through 2026, no less than $45,000,000 under such
proviso: Provided further, That <<NOTE: Determination. Replacement
costs.>> for purposes of the preceding 2 provisos, the Secretary shall
determine replacement and rehabilitation costs based on the average unit
costs of bridges from 2016 through 2020, as submitted by States to the
Federal Highway Administration, as required by section 144(b)(5) of
title 23, United States Code: Provided further,
That <<NOTE: Determination. Bridges.>> for purposes of determining the
distribution of funds to States under this paragraph in this Act, the
Secretary shall calculate the total deck area of bridges classified as
in poor or fair condition based on the National Bridge Inventory as of
December 31, 2020: Provided further, That, subject to the following
proviso, funds made available under this paragraph in this Act that are
distributed to States shall be used for highway bridge replacement,
rehabilitation, preservation, protection, or construction projects on
public roads: Provided further, That of the funds made available under
this paragraph in this Act that are distributed to a State, 15 percent
shall be set aside for use on off-system bridges for the same purposes
as described in the preceding proviso: Provided further,
That, <<NOTE: Determination.>> except as provided in the following
proviso, for funds made available under this paragraph in this Act that
are distributed to States, the Federal share shall be determined in
accordance with section 120 of title 23, United States Code: Provided
further, That for funds made available under this paragraph in this Act
that are distributed to States and used on an off-system bridge that is
owned by a county, town, township, city, municipality or other local
agency, or federally-recognized Tribe the Federal share shall be 100
percent;
(2) $5,000,000,000, to remain available until expended for
amounts made available for each of fiscal years 2022 through
2026, shall be to carry out a National Electric Vehicle Formula
Program (referred to in this paragraph in this Act as the
``Program'') to provide funding to States to strategically
deploy electric vehicle charging infrastructure and to establish
an interconnected network to facilitate data collection, access,
and reliability: Provided, That funds made available under this
paragraph in this Act shall be used for: (1) the acquisition and
installation of electric vehicle charging infrastructure to
serve as a catalyst for the deployment of such infrastructure
and to connect it to a network to facilitate data collection,
access, and reliability; (2) proper operation and maintenance of
electric vehicle charging infrastructure; and (3) data sharing
[[Page 135 STAT. 1422]]
about electric vehicle charging infrastructure to ensure the
long-term success of investments made under this paragraph in
this Act: Provided further, That for each of fiscal years 2022
through 2026, the Secretary shall distribute among the States
the funds made available under this paragraph in this Act so
that each State receives an amount equal to the proportion that
the total base apportionment or allocation determined for the
State under subsection (c) of section 104 or under section 165
of title 23, United States Code, bears to the total base
apportionments or allocations for all States under subsection
(c) of section 104 and section 165 of title 23, United States
Code: Provided further, That the Federal share payable for the
cost of a project funded under this paragraph in this Act shall
be 80 percent: Provided further,
That <<NOTE: Deadline. Plan. Web posting.>> tn poor condition
in such State bears to the sum of the total cost to replace all
bridges classified in poor condition in all States; and (B) 25
percent by the proportion that the total cost of rehabilitating
all bridges classified in fair condition in such State bears to
the sum of the total cost to rehabilitate all bridges classified
in fair condition in all States: Provided further, That the
amounts calculated under the preceding proviso shall be adjusted
such that each State receives, for each of fiscal years 2022
through 2026, no less than $45,000,000 under such proviso:
Provided further, That <<NOTE: Determination. Replacement
costs.>> for purposes of the preceding 2 provisos, the Secretary
shall determine replacement and rehabilitation costs based on
the average unit costs of bridges from 2016 through 2020, as
submitted by States to the Federal Highway Administration, as
required by section 144(b)(5) of title 23, United States Code:
Provided further, That <<NOTE: Determination. Bridges.>> for
purposes of determining the distribution of funds to States
under this paragraph in this Act, the Secretary shall calculate
the total deck area of bridges classified as in poor or fair
condition based on the National Bridge Inventory as of December
31, 2020: Provided further, That, subject to the following
proviso, funds made available under this paragraph in this Act
that are distributed to States shall be used for highway bridge
replacement, rehabilitation, preservation, protection, or
construction projects on public roads: Provided further, That of
the funds made available under this paragraph in this Act that
are distributed to a State, 15 percent shall be set aside for
use on off-system bridges for the same purposes as described in
the preceding proviso: Provided further, That, <<NOTE:
Determination.>> except as provided in the following proviso,
for funds made available under this paragraph in this Act that
are distributed to States, the Federal share shall be determined
in accordance with section 120 of title 23, United States Code:
Provided further, That for funds made available under this
paragraph in this Act that are distributed to States and used on
an off-system bridge that is owned by a county, town, township,
city, municipality or other local agency, or federally-
recognized Tribe the Federal share shall be 100 percent; (2)
$5,000,000,000, to remain available until expended for amounts
made available for each of fiscal years 2022 through 2026, shall
be to carry out a National Electric Vehicle Formula Program
(referred to in this paragraph in this Act as the ``Program'')
to provide funding to States to strategically deploy electric
vehicle charging infrastructure and to establish an
interconnected network to facilitate data collection, access,
and reliability: Provided, That funds made available under this
paragraph in this Act shall be used for: (1) the acquisition and
installation of electric vehicle charging infrastructure to
serve as a catalyst for the deployment of such infrastructure
and to connect it to a network to facilitate data collection,
access, and reliability; (2) proper operation and maintenance of
electric vehicle charging infrastructure; and (3) data
sharing[[Page 135 STAT. 1422]] about electric vehicle charging
infrastructure to ensure the long-term success of investments
made under this paragraph in this Act: Provided further, That
for each of fiscal years 2022 through 2026, the Secretary shall
distribute among the States the funds made available under this
paragraph in this Act so that each State receives an amount
equal to the proportion that the total base apportionment or
allocation determined for the State under subsection (c) of
section 104 or under section 165 of title 23, United States
Code, bears to the total base apportionments or allocations for
all States under subsection (c) of section 104 and section 165
of title 23, United States Code: Provided further, That the
Federal share payable for the cost of a project funded under
this paragraph in this Act shall be 80 percent: Provided
further, That <<NOTE: Deadline. Plan. Web posting.>> tn poor
condition in such State bears to the sum of the total cost to
replace all bridges classified in poor condition in all States;
and (B) 25 percent by the proportion that the total cost of
rehabilitating all bridges classified in fair condition in such
State bears to the sum of the total cost to rehabilitate all
bridges classified in fair condition in all States: Provided
further, That the amounts calculated under the preceding proviso
shall be adjusted such that each State receives, for each of
fiscal years 2022 through 2026, no less than $45,000,000 under
such proviso: Provided further, That <<NOTE: Determination.
Replacement costs.>> for purposes of the preceding 2 provisos,
the Secretary shall determine replacement and rehabilitation
costs based on the average unit costs of bridges from 2016
through 2020, as submitted by States to the Federal Highway
Administrati\DISC\OUT\PUBL058.117\DISC\GRID\G0731.CDDing with
regard to power levels and charging speed, and minimizing the
time to charge current and anticipated vehicles; and (9) any
other factors, as determined by the Secretary: Provided
further, That <<NOTE: Deadline. Public information. Web
posting. Reports. Summaries. Assessment.>> if a State
determines, and the Secretary certifies, that the designated
alternative fuel corridors in the States are fully built out,
then the State may use funds provided
[[Page 135 STAT. 1424]]
under this paragraph for electric vehicle charging
infrastructure on any public road or in other publically
accessible locations, such as parking facilities at public
buildings, public schools, and public parks, or in publically
accessible parking facilities owned or managed by a private
entity: Provided further, That subject to the minimum standards
and requirements established under the following proviso, funds
made available under this paragraph in this Act may be used for:
(1) the acquisition or installation of electric vehicle charging
infrastructure; (2) operating assistance for costs allocable to
operating and maintaining electric vehicle charging
infrastructure acquired or installed under this paragraph in
this Act, for a period not to exceed five years; (3) the
acquisition or installation of traffic control devices located
in the right-of-way to provide directional information to
electric vehicle charging infrastructure acquired, installed, or
operated under this paragraph in this Act; (4) on-premises signs
to provide information about electric vehicle charging
infrastructure acquired, installed, or operated under this
paragraph in this Act; (5) <<NOTE: Determination.>> development
phase activities relating to the acquisition or installation of
electric vehicle charging infrastructure, as determined by the
Secretary; or (6) <<NOTE: Notification. Consultation. Time
period.>> mapping and analysis activities to evaluate, in an
area in the United States designated by the eligible entity, the
locations of current and future electric vehicle owners, to
forecast commuting and travel patterns of electric vehicles and
the quantity of electricity required to serve electric vehicle
charging stations, to estimate the concentrations of electric
vehicle charging stations to meet the needs of current and
future electric vehicle drivers, to estimate future needs for
electric vehicle charging stations to support the adoption and
use of electric vehicles in shared mobility solutions, such as
micro-transit and transportation network companies, and to
develop an analytical model to allow a city, county, or other
political subdivision of a State or a local agency to compare
and evaluate different adoption and use scenarios for electric
vehicles and electric vehicle charging stations: Provided
further, That not later than 180
days <<NOTE: Notification. Deadline. Appeal.>> after the date
of enactment of this Act, the Secretary of Transportation, in
coordination with the Secretary of Energy and in consultation
with relevant stakeholders, shall, as appropriate, develop
minimum standards and requirements related to: (1) the
installation, operation, or maintenance by qualified technicians
of electric vehicle charging infrastructure under this paragraph
in this Act; (2) the interoperability of electric vehicle
charging infrastructure under this paragraph in this Act; (3)
any traffic control device or on-premises sign acquired,
installed, or operated under this paragraph in this Act; (4) any
data requested by the Secretary related to a project funded
under this paragraph in this Act, including the format and
schedule for the submission of such data; (5) network
connectivity of electric vehicle charging infrastructure; and
(6) information on publicly available electric vehicle charging
infrastructure locations, pricing, real-time availability, and
accessibility through mapping applications: Provided further,
That <<NOTE: Determination.>> not later than 1 year after the
date of enactment of this Act, the Secretary shall designate
national electric vehicle charging corridors that identify the
near- and long-term need for, and the location of, electric
vehicle charging
[[Page 135 STAT. 1425]]
infrastructure to support freight and goods movement at
strategic locations along major national highways, the National
Highway Freight Network established under section 167 of title
23, United States Code, and goods movement locations including
ports, intermodal centers, and warehousing locations: Provided
further, That the report issued under section 151(e) of title
23, United States Code, shall include a description of efforts
to achieve strategic deployment of electric vehicle charging
infrastructure in electric vehicle charging corridors, including
progress on the implementation of the Program under this
paragraph in this Act: Provided further, That, for fiscal year
2022, before distributing funds made available under this
paragraph in this Act to States, the Secretary shall set aside
from funds made available under this paragraph in this Act to
carry out this paragraph in this Act not more than $300,000,000,
which may be transferred to the Joint Office described in the
twenty-fourth proviso of this paragraph in this Act, to
establish such Joint Office and carry out its duties under this
paragraph in this Act: Provided further, That, for each of
fiscal years 2022 through 2026, after setting aside funds under
the preceding proviso, and before distributing funds made
available under this paragraph in this Act to States, the
Secretary shall set aside from funds made available under this
paragraph in this Act for such fiscal year to carry out this
paragraph in this Act 10 percent for grants to States or
localities that require additional assistance to strategically
deploy electric vehicle charging infrastructure: Provided
further, That not later than 1 year <<NOTE: Contracts.>> after
the date of enactment of this Act, the Secretary shall establish
a grant program to administer to States or localities the
amounts set aside under the preceding proviso: Provided
further, That, except as otherwise specified under this
paragraph in this Act, funds made available under this paragraph
in this Act, other than funds transferred under the nineteenth
proviso of this paragraph in this Act to the Joint Office, shall
be administered as if apportioned under chapter 1 of title 23,
United States Code: Provided further, That funds made available
under this paragraph in this Act shall not be transferable under
section 126 of title 23, United States Code: Provided further,
That <<NOTE: Deadline. Coordination.>> there is established a
Joint Office of Energy and Transportation (referred to in this
paragraph in this Act as the ``Joint Office'') in the Department
of Transportation and the Department of Energy to study, plan,
coordinate, and implement issues of joint concern between the
two agencies, which shall include: (1) technical assistance
related to the deployment, operation, and maintenance of zero
emission vehicle charging and refueling infrastructure,
renewable energy generation, vehicle-to-grid integration,
including microgrids, and related programs and policies; (2)
data sharing of installation, maintenance, and utilization in
order to continue to inform the network build out of zero
emission vehicle charging and refueling infrastructure; (3)
performance of a national and regionalized study of zero
emission vehicle charging and refueling infrastructure needs and
deployment factors, to support grants for community resilience
and electric vehicle integration; (4) development and deployment
of training and certification programs; (5) establishment and
implementation of a program to promote renewable
[[Page 135 STAT. 1426]]
energy generation, storage, and grid integration, including
microgrids, in transportation rights-of-way; (6) studying,
planning, and funding for high-voltage distributed current
infrastructure in the rights-of way of the Interstate System and
for constructing high-voltage and or medium-voltage transmission
pilots in the rights-of-way of the Interstate System; (7)
research, strategies, and actions under the Departments'
statutory authorities to reduce transportation-related emissions
and mitigate the effects of climate change; (8) development of a
streamlined utility accommodations policy for high-voltage and
medium-voltage transmission in the transportation right-of-way;
and (9) any other issues that the Secretary of Transportation
and the Secretary of Energy identify as issues of joint
interest: Provided further, That <<NOTE: Coordination.>> the
Joint Office of Energy and Transportation shall establish and
maintain a public database, accessible on both Department of
Transportation and Department of Energy websites, that includes:
(1) information maintained on the Alternative Fuel Data Center
by the Office of Energy Efficiency and Renewable Energy of the
Department of Energy with respect to the locations of electric
vehicle charging stations; (2) potential locations for electric
vehicle charging stations identified by eligible entities
through the program; and (3) the ability to sort generated
results by various characteristics with respect to electric
vehicle charging stations, including location, in terms of the
State, city, or county; status (operational, under construction,
or planned); and charging type, in terms of Level 2 charging
equipment or Direct Current Fast Charging Equipment: Provided
further, That the Secretary of Transportation and the Secretary
of Energy shall cooperatively administer the Joint Office
consistent with this paragraph in this Act: Provided further,
That the Secretary of Transportation and the Secretary of Energy
may transfer funds between the Department of Transportation and
the Department of Energy from funds provided under this
paragraph in this Act to establish the Joint Office and to carry
out its duties under this paragraph in this Act and any such
funds or portions thereof transferred to the Joint Office may be
transferred back to and merged with this account: Provided
further, That <<NOTE: Determination. Certification.>> the
Secretary of Transportation and the Secretary of Energy shall
notify the House and Senate Committees on Appropriations not
less than 15 days prior to transferring any funds under the
previous proviso: Provided further,
That <<NOTE: Determination.>> for the purposes of funds made
available under this paragraph in this Act: (1) the term
``State'' has the meaning given such term in section 101 of
title 23, United States Code; and (2) the term ``Federal-aid
highway'' means a public highway eligible for assistance under
chapter 1 of title 23, United States Code, other than a highway
functionally classified as a local road or rural minor
collector: Provided further, That, of the funds made available
in this division or division A of this Act for the Federal lands
transportation program under section 203 of title 23, United
States Code, not less than $7,000,000 shall be made available
for each Federal agency otherwise eligible to compete for
amounts made available under that section for each of fiscal
years 2022 through 2026;
[[Page 135 STAT. 1427]]
(3) $3,200,000,000 shall be to carry out the Nationally
Significant Freight and Highway Projects program under section
117 of title 23, United States Code;
(4) $9,235,000,000 shall be to carry out the Bridge
Investment Program under section 124 of title 23, United States
Code: Provided, That, of the funds made available under this
paragraph in this Act for a fiscal year, $20,000,000 shall be
set aside to carry out section 202(d) of title 23, United States
Code: Provided further, That, of the funds made available under
this paragraph in this Act for a fiscal year, $20,000,000 shall
be set aside to provide grants for planning, feasibility
analysis, and revenue forecasting associated with the
development of a project that would subsequently be eligible to
apply for assistance under this paragraph: Provided further,
That funds set aside under the first proviso of this paragraph
in this Act to carry out section 202(d) of such title shall be
in addition to funds otherwise made available to carry out such
section and shall be administered as if made available under
such section: Provided further, That for funds set aside under
the first proviso of this paragraph in this Act to carry out
section 202(d) of title 23, United States Code, the Federal
share of the costs shall be 100 percent;
(5) $150,000,000 shall be to carry out the Reduction of
Truck Emissions at Port Facilities Program under section 11402
of division A of this Act: Provided, That, except as otherwise
provided in section 11402 of division A of this Act, the funds
made available under this paragraph in this Act shall be
administered as if apportioned under chapter 1 of title 23,
United States Code;
(6) $95,000,000, to remain available until expended for
amounts made available for each of fiscal years 2022 through
2026, shall be to carry out the University Transportation
Centers Program under section 5505 of title 49, United States
Code;
(7) $500,000,000, to remain available until expended for
amounts made available for each of fiscal years 2022 through
2026, shall be to carry out the Reconnecting Communities Pilot
Program (referred to under this paragraph in this Act as the
``pilot program'') under section 11509 of division A of this
Act, of which $100,000,000 shall be for planning grants under
section 11509(c) of division A of this Act and of which
$400,000,000 shall be available for capital construction grants
under section 11509(d) of division A of this Act: Provided,
That of the amounts made available under this paragraph in this
Act for section 11509(c) of division A of this Act, the
Secretary may use not more than $15,000,000 during the period of
fiscal years 2022 through 2026 to provide technical assistance
under section 11509(c)(3) of division A of this Act: Provided
further, That, except as otherwise provided in section 11509 of
division A of this Act, amounts made available under this
paragraph in this Act shall be administered as if made available
under chapter 1 of title 23, United States Code;
(8) $342,000,000, to remain available until expended for
amounts made available for each of fiscal years 2022 through
2026, shall be to carry out the Construction of Ferry Boats and
Ferry Terminal Facilities program under section 147 of title 23,
United States Code: Provided, That amounts made
[[Page 135 STAT. 1428]]
available under this paragraph in this Act shall be administered
as if made available under section 147 of title 23, United
States Code; and
(9) $1,250,000,000, to remain available until expended for
amounts made available for each of fiscal years 2022 through
2026, shall be for construction of the Appalachian Development
Highway System as authorized under section 1069(y) of Public Law
102-240: Provided, That, <<NOTE: Definition.>> for the
purposes of funds made available under this paragraph in this
Act for construction of the Appalachian Development Highway
System, the term ``Appalachian State'' means a State that
contains 1 or more counties (including any political subdivision
located within the area) in the Appalachian region, as defined
in section 14102(a) of title 40, United States Code: Provided
further, That a project carried out with funds made available
under this paragraph in this Act for construction of the
Appalachian Development Highway System shall be made available
for obligation in the same manner as if apportioned under
chapter 1 of title 23, United States Code, except that: (1) the
Federal share of the cost of any project carried out with those
amounts shall be determined in accordance with section 14501 of
title 40, United States Code; and (2) the amounts shall be
available to construct highways and access roads under section
14501 of title 40, United States Code: Provided further,
That, <<NOTE: Consultation. Apportionment.>> subject to the
following two provisos, in consultation with the Appalachian
Regional Commission, the funds made available under this
paragraph in this Act for construction of the Appalachian
Development Highway System shall be apportioned to Appalachian
States according to the percentages derived from the 2021
Appalachian Development Highway System Cost-to-Complete
Estimate, dated March 2021, and confirmed as each Appalachian
State's relative share of the estimated remaining need to
complete the Appalachian Development Highway System, adjusted to
exclude those corridors that such States have no current plans
to complete, as reported in the 2013 Appalachian Development
Highway System Completion Report, unless those States have
modified and assigned a higher priority for completion of an
Appalachian Development Highway System corridor, as reported in
the 2020 Appalachian Development Highway System Future Outlook:
Provided further, That <<NOTE: Apportionments.>> the Secretary
shall adjust apportionments made under the third proviso in this
paragraph in this Act so that no Appalachian State shall be
apportioned an amount in excess of 30 percent of the amount made
available for construction of the Appalachian Development
Highway System under this heading: Provided further, That the
Secretary shall adjust <<NOTE: Apportionments.>> apportionments
made under the third proviso in this paragraph in this Act so
that: (1) each State shall be apportioned an amount not less
than $10,000,000 for each of fiscal years 2022 through 2026; and
(2) notwithstanding paragraph (1) of this proviso, a State shall
not receive an apportionment that exceeds the remaining funds
needed to complete the Appalachian development highway corridor
or corridors in the State, as identified in the latest available
cost to complete estimate for the system prepared by the
Appalachian Regional Commission: Provided further, That the
Federal share of the cost of any project carried out with
[[Page 135 STAT. 1429]]
funds made available under this paragraph in this Act shall be
up to 100 percent, as determined by the State:
Provided further, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section 4112(a) of H.
Con. Res. 71 (115th Congress), the concurrent resolution on the budget
for fiscal year 2018, and to section 251(b) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Federal Motor Carrier Safety Administration
motor carrier safety operations and program
For an additional amount for ``Motor Carrier Safety Operations and
Program'', $50,000,000, to remain available until September 30, 2029, to
carry out motor carrier safety operations and programs pursuant to
section 31110 of title 49, United States Code, in addition to amounts
otherwise provided for such purpose: Provided, That $10,000,000, to
remain available until September 30, 2025, shall be made available for
fiscal year 2022, $10,000,000, to remain available until September 30,
2026, shall be made available for fiscal year 2023, $10,000,000, to
remain available until September 30, 2027, shall be made available for
fiscal year 2024, $10,000,000, to remain available until September 30,
2028, shall be made available for fiscal year 2025, and $10,000,000, to
remain available until September 30, 2029, shall be made available for
fiscal year 2026: Provided further, That amounts made available under
this heading in this Act shall be derived from the general fund of the
Treasury, shall be in addition to any other amounts made available for
such purpose, and shall not affect the distribution or amount of funds
provided in any Act making annual appropriations: Provided further,
That obligations of funds under this heading in this Act shall not be
subject to any limitations on obligations provided in any Act making
annual appropriations: Provided further, That such amount is designated
by the Congress as being for an emergency requirement pursuant to
section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent
resolution on the budget for fiscal year 2018, and pursuant to section
251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985.
motor carrier safety grants
For an additional amount for ``Motor Carrier Safety Grants'',
$622,500,000, to remain available until September 30, 2029, to carry out
sections 31102, 31103, 31104, and 31313 of title 49, United States Code,
in addition to amounts otherwise provided for such purpose: Provided,
That $124,500,000, to remain available until September 30, 2025, shall
be made available for fiscal year 2022, $124,500,000, to remain
available until September 30, 2026, shall be made available for fiscal
year 2023, $124,500,000, to remain available until September 30, 2027,
shall be made available for fiscal year 2024, $124,500,000, to remain
available until September 30, 2028, shall be made available for fiscal
year 2025, and $124,500,000, to remain available until September 30,
2029, shall be made available for fiscal year 2026: Provided further,
That, of the amounts provided under this heading in this Act, the
following amounts shall be available for the following purposes in equal
amounts for each of fiscal years 2022 through 2026--
[[Page 135 STAT. 1430]]
(1) up to $400,000,000 shall be for the motor carrier safety
assistance program;
(2) up to $80,000,000 shall be for the commercial driver's
license program implementation program;
(3) up to $132,500,000 shall be for the high priority
activities program; and
(4) up to $10,000,000 shall be for commercial motor vehicle
operators grants:
Provided further, That amounts made available under this heading in
this Act shall be derived from the general fund of the Treasury, shall
be in addition to any other amounts made available for such purpose, and
shall not affect the distribution or amount of funds provided in any Act
making annual appropriations: Provided further, That obligations of
funds under this heading in this Act shall not be subject to any
limitations on obligations provided in any Act making annual
appropriations: Provided further, That up to 1.5 percent of the amounts
made available under this heading in this Act in each fiscal year shall
be for oversight and administration: Provided further, That such amount
is designated by the Congress as being for an emergency requirement
pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the
concurrent resolution on the budget for fiscal year 2018, and pursuant
to section 251(b) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
National Highway Traffic Safety Administration
crash data
(including transfer of funds)
For an additional amount for ``Crash Data'', $750,000,000, to remain
available until September 30, 2029, to carry out section 24108 of
division B of this Act: Provided, That $150,000,000, to remain
available until September 30, 2025, shall be made available for fiscal
year 2022, $150,000,000, to remain available until September 30, 2026,
shall be made available for fiscal year 2023, $150,000,000, to remain
available until September 30, 2027, shall be made available for fiscal
year 2024, $150,000,000, to remain available until September 30, 2028,
shall be made available for fiscal year 2025, and $150,000,000, to
remain available until September 30, 2029, shall be made available for
fiscal year 2026: Provided further, That up to 3 percent of the amounts
made available under this heading in this Act in each of fiscal years
2022 through 2026 shall be for salaries and expenses, administration,
and oversight, and shall be transferred and merged with the
appropriations under the heading ``Operations and Research'': Provided
further, That <<NOTE: Deadline. Funding plan.>> not later than 90 days
after the date of enactment of this Act, the Secretary of Transportation
shall submit to the House and Senate Committees on Appropriations a
funding allocation plan for fiscal year 2022: Provided further,
That <<NOTE: Funding plan.>> for each fiscal year through 2026, as part
of the annual budget submission of the President under section 1105(a)
of title 31, United States Code, the Secretary of Transportation shall
submit a funding allocation plan for funding that will be made available
under this heading in the upcoming fiscal year: Provided further, That
such amount
[[Page 135 STAT. 1431]]
is designated by the Congress as being for an emergency requirement
pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the
concurrent resolution on the budget for fiscal year 2018, and pursuant
to section 251(b) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
vehicle safety and behavioral research programs
(including transfer of funds)
For an additional amount for ``Vehicle Safety and Behavioral
Research Programs'', $548,500,000, to remain available until September
30, 2029, to carry out the provisions of section 403 of title 23, United
States Code, including behavioral research on Automated Systems and
Advanced Driver Assistance Systems and improving consumer responses to
safety recalls, and chapter 303 of title 49, United States Code, in
addition to amounts otherwise provided for such purpose: Provided, That
$109,700,000, to remain available until September 30, 2025, shall be
made available for fiscal year 2022, $109,700,000, to remain available
until September 30, 2026, shall be made available for fiscal year 2023,
$109,700,000, to remain available until September 30, 2027, shall be
made available for fiscal year 2024, $109,700,000, to remain available
until September 30, 2028, shall be made available for fiscal year 2025,
and $109,700,000 to remain available until September 30, 2029, shall be
made available for fiscal year 2026: Provided further, That amounts
made available under this heading in this Act shall be derived from the
general fund of the Treasury: Provided further, That obligations of
funds under this heading in this Act shall not be subject to any
limitations on obligations provided in any Act making annual
appropriations: Provided further, That of the amounts made available
under this heading in this Act, up to $350,000,000 may be transferred to
``Operations and Research'' to carry out traffic and highway safety
authorized under chapter 301 and part C of subtitle VI of title 49,
United States Code: Provided further, That <<NOTE: Deadline. Funding
allocation.>> not later than 90 days after the date of enactment of
this Act, the Secretary of Transportation shall submit to the House and
Senate Committees on Appropriations a funding allocation for fiscal year
2022: Provided further, That <<NOTE: Funding allocation.>> for each
fiscal year through 2026, as part of the annual budget submission of the
President under section 1105(a) of title 31, United States Code, the
Secretary of Transportation shall submit a funding allocation for
funding that will be made available under this heading in the upcoming
fiscal year: Provided further, That such amount is designated by the
Congress as being for an emergency requirement pursuant to section
4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution
on the budget for fiscal year 2018, and pursuant to section 251(b) of
the Balanced Budget and Emergency Deficit Control Act of 1985.
supplemental highway traffic safety programs
For an additional amount for ``Supplemental Highway Traffic Safety
Programs'', $310,000,000, to remain available until September 30, 2029,
to carry out sections 402 and 405 of title 23, United States Code, and
section 24101(a)(5) of division B of this Act: Provided, That
$62,000,000, to remain available until September 30, 2025, shall be made
available for fiscal year 2022,
[[Page 135 STAT. 1432]]
$62,000,000, to remain available until September 30, 2026, shall be made
available for fiscal year 2023, $62,000,000, to remain available until
September 30, 2027, shall be made available for fiscal year 2024,
$62,000,000, to remain available until September 30, 2028, shall be made
available for fiscal year 2025, and $62,000,000 to remain available
until September 30, 2029, shall be made available for fiscal year 2026:
Provided further, That amounts made available under this heading in this
Act shall be derived from the general fund of the Treasury: Provided
further, That obligations of funds under this heading in this Act shall
not be subject to any limitations on obligations provided in any Act
making annual appropriations: Provided further, That, of the amounts
provided under this heading in this Act, the following amounts shall be
for the following purposes in equal amounts for each of fiscal years
2022 through 2026:
(1) $100,000,000 shall be for highway safety programs under
section 402 of title 23, United States Code;
(2) $110,000,000 shall be for national priority safety
programs under section 405 of title 23, United States Code; and
(3) $100,000,000 shall be for administrative expenses under
section 24101(a)(5) of division B of this Act:
Provided further, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section 4112(a) of H.
Con. Res. 71 (115th Congress), the concurrent resolution on the budget
for fiscal year 2018, and pursuant to section 251(b) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
Federal Railroad Administration
consolidated rail infrastructure and safety improvements
For an additional amount for ``Consolidated Rail Infrastructure and
Safety Improvements'', $5,000,000,000, to remain available until
expended, for competitive grants, as authorized under section 22907 of
title 49, United States Code: Provided, That $1,000,000,000, to remain
available until expended, shall be made available for fiscal year 2022,
$1,000,000,000, to remain available until expended, shall be made
available for fiscal year 2023, $1,000,000,000, to remain available
until expended, shall be made available for fiscal year 2024,
$1,000,000,000, to remain available until expended, shall be made
available for fiscal year 2025, and $1,000,000,000, to remain available
until expended, shall be made available for fiscal year 2026: Provided
further, That the Secretary may withhold up to 2 percent of the amounts
provided under this heading in this Act in each fiscal year for the
costs of award and project management oversight of grants carried out
under section 22907 of title 49, United States Code: Provided further,
That such amount is designated by the Congress as being for an emergency
requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th
Congress), the concurrent resolution on the budget for fiscal year 2018,
and to section 251(b) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
[[Page 135 STAT. 1433]]
northeast corridor grants to the national railroad passenger corporation
(including transfer of funds)
For an additional amount for ``Northeast Corridor Grants to the
National Railroad Passenger Corporation'', $6,000,000,000, to remain
available until expended, for activities associated with the Northeast
Corridor, as authorized by section 22101(a) of division B of this Act:
Provided, That $1,200,000,000, to remain available until expended, shall
be made available for fiscal year 2022, $1,200,000,000, to remain
available until expended, shall be made available for fiscal year 2023,
$1,200,000,000, to remain available until expended, shall be made
available for fiscal year 2024, $1,200,000,000, to remain available
until expended, shall be made available for fiscal year 2025, and
$1,200,000,000, to remain available until expended, shall be made
available for fiscal year 2026: Provided further, That <<NOTE: Capital
projects.>> the amounts made available under this heading in this Act
shall be made available for capital projects for the purpose of
eliminating the backlog of obsolete assets and Amtrak's deferred
maintenance backlog of rolling stock, facilities, stations, and
infrastructure: Provided further, That amounts made available under
this heading in this Act shall be made available for the following
capital projects--
(1) acquiring new passenger rolling stock for the
replacement of single-level passenger cars used in Amtrak's
Northeast Corridor services, and associated rehabilitation,
upgrade, and expansion of facilities used to maintain and store
such equipment;
(2) bringing Amtrak-served stations to full compliance with
the Americans with Disabilities Act;
(3) eliminating the backlog of deferred capital work on
sole-benefit Amtrak-owned assets located on the Northeast
Corridor; or
(4) carrying out Northeast Corridor capital renewal backlog
projects:
Provided further, That <<NOTE: Deadline. Spend plan. List.>> not
later than 180 days after the date of enactment of this Act, the
Secretary of Transportation shall submit to the House and Senate
Committees on Appropriations a detailed spend plan, including a list of
project locations under the preceding proviso to be funded for fiscal
year 2022: Provided further, That <<NOTE: Spend plan. List.>> for each
fiscal year through 2026, as part of the annual budget submission of the
President under section 1105(a) of title 31, United States Code, the
Secretary of Transportation shall submit a detailed spend plan for that
fiscal year, including a list of project locations under the third
proviso: Provided further, That amounts made available under this
heading in this Act shall be in addition to other amounts made available
for such purposes, including to enable the Secretary of Transportation
to make or amend existing grants to Amtrak for activities associated
with the Northeast Corridor, as authorized by section 22101(a) of
division B of this Act: Provided further, That amounts made available
under this heading in this Act may be used by Amtrak to fund, in whole
or in part, the capital costs of Northeast Corridor capital renewal
backlog projects, including the costs of joint public transportation and
intercity passenger rail capital projects, notwithstanding the
limitations in section 24319(g) and section 24905(c) of title 49,
[[Page 135 STAT. 1434]]
United States Code: Provided further, That notwithstanding section
24911(f) of title 49, United States Code, amounts made available under
this heading in this Act may be used as non-Federal share for Northeast
Corridor projects selected for award under such section after the date
of enactment of this Act: Provided further, That the Secretary may
retain up to one half of 1 percent of the amounts made available under
both this heading in this Act and the ``National Network Grants to the
National Railroad Passenger Corporation'' heading in this Act to fund
the costs of oversight of Amtrak, as authorized by section 22101(c) of
division B of this Act: Provided further, That in addition to the
oversight funds authorized under section 22101(c) of division B of this
Act, the Secretary may retain up to $5,000,000 of the funds made
available under this heading in this Act for each fiscal year for the
Northeast Corridor Commission established under section 24905 of title
49, United States Code, to facilitate a coordinated and efficient
delivery of projects carried out under this heading in this Act:
Provided further, That amounts made available under this heading in this
Act may be transferred to and merged with amounts made available under
the heading ``National Network Grants to the National Railroad Passenger
Corporation'' in this Act for the purposes authorized under that
heading: Provided further, That such amount is designated by the
Congress as being for an emergency requirement pursuant to section
4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution
on the budget for fiscal year 2018, and to section 251(b) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
national network grants to the national railroad passenger corporation
(including transfer of funds)
For an additional amount for ``National Network Grants to the
National Railroad Passenger Corporation'', $16,000,000,000, to remain
available until expended, for activities associated with the National
Network, as authorized by section 22101(b) of division B of this Act:
Provided, That $3,200,000,000, to remain available until expended, shall
be made available for fiscal year 2022, $3,200,000,000, to remain
available until expended, shall be made available for fiscal year 2023,
$3,200,000,000, to remain available until expended, shall be made
available for fiscal year 2024, $3,200,000,000, to remain available
until expended, shall be made available for fiscal year 2025, and
$3,200,000,000, to remain available until expended, shall be made
available for fiscal year 2026: Provided further, That amounts made
available under this heading in this Act shall be made available for
capital projects for the purpose of eliminating Amtrak's deferred
maintenance backlog of rolling stock, facilities, stations and
infrastructure, including--
(1) acquiring new passenger rolling stock to replace
obsolete passenger equipment used in Amtrak's long-distance and
state-supported services, and associated rehabilitation,
upgrade, or expansion of facilities used to maintain and store
such equipment;
(2) bringing Amtrak-served stations to full compliance with
the Americans with Disabilities Act;
[[Page 135 STAT. 1435]]
(3) eliminating the backlog of deferred capital work on
Amtrak-owned railroad assets not located on the Northeast
Corridor; and
(4) projects to eliminate the backlog of obsolete assets
associated with Amtrak's national rail passenger transportation
system, such as systems for reservations, security, training
centers, and technology:
Provided further, That <<NOTE: Deadline. Spend plan. List.>> not
later than 180 days after the date of enactment of this Act, the
Secretary of Transportation shall submit to the House and Senate
Committees on Appropriations a detailed spend plan, including a list of
project locations under the preceding proviso to be funded for fiscal
year 2022: Provided further, That <<NOTE: Spend plan. List.>> for each
fiscal year through 2026, as part of the annual budget submission of the
President under section 1105(a) of title 31, United States Code, the
Secretary of Transportation shall submit a detailed spend plan for that
fiscal year, including a list of project locations under the third
proviso: Provided further, That of the amounts made available under
this heading in this Act, and in addition to amounts made available for
similar purposes under this heading in prior Acts, Amtrak shall use such
amounts as necessary for the replacement of single-level passenger cars
and associated rehabilitation, upgrade, and expansion of facilities used
to maintain and store such passenger cars, and such amounts shall be for
its direct costs and in lieu of payments from States for such purposes,
notwithstanding section 209 of the Passenger Rail Investment and
Improvement Act of 2008 (Public Law 110-432), as amended: Provided
further, That amounts made available under this heading in this Act
shall be in addition to other amounts made available for such purposes,
including to enable the Secretary of Transportation to make or amend
existing grants to Amtrak for activities associated with the National
Network, as authorized by section 22101(b) of division B of this Act:
Provided further, That in addition to the oversight funds authorized
under section 22101(c) of division B of this Act, the Secretary may
retain up to $3,000,000 of the funds made available under this heading
in this Act for each fiscal year for the State-Supported Route Committee
established under section 24712(a) of title 49, United States Code:
Provided further, That of the funds made available under this heading in
this Act, the Secretary may retain up to $3,000,000 for each fiscal year
for interstate rail compact grants, as authorized by section 22910 of
title 49, United States Code: Provided further, That of the funds made
available under this heading in this Act, not less than $50,000,000 for
each fiscal year shall be used to make grants, as authorized under
section 22908 of title 49 United States Code consistent with the
requirements of that section: Provided further, That of the amounts
made available under this heading in this Act, such sums as are
necessary, shall be available for purposes authorized in section 22214
of division B of this Act: Provided further, That amounts made
available under this heading in this Act may be transferred to and
merged with amounts made available under the heading ``Northeast
Corridor Grants to the National Railroad Passenger Corporation'' in this
Act for the purposes authorized under that heading: Provided further,
That such amount is designated by the Congress as being for an emergency
requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th
Congress), the concurrent resolution on the budget for fiscal year
[[Page 135 STAT. 1436]]
2018, and to section 251(b) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
railroad crossing elimination program
For an additional amount for ``Railroad Crossing Elimination
Program'', $3,000,000,000, to remain available until expended, for
competitive grants, as authorized under section 22909 of title 49,
United States Code: Provided, That $600,000,000, to remain available
until expended, shall be made available for fiscal year 2022,
$600,000,000, to remain available until expended, shall be made
available for fiscal year 2023, $600,000,000, to remain available until
expended, shall be made available for fiscal year 2024, $600,000,000, to
remain available until expended, shall be made available for fiscal year
2025, and $600,000,000, to remain available until expended, shall be
made available for fiscal year 2026: Provided further, That the
Secretary may withhold up to 2 percent of the amounts provided under
this heading in this Act for the costs of award and project management
oversight of grants carried out under section 22909 of title 49, United
States Code: Provided further, That such amount is designated by the
Congress as being for an emergency requirement pursuant to section
4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution
on the budget for fiscal year 2018, and to section 251(b) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
federal-state partnership for intercity passenger rail grants
For an additional amount for ``Federal-State Partnership for
Intercity Passenger Rail Grants'', $36,000,000,000, to remain available
until expended, for grants, as authorized section 24911 of title 49,
United States Code: Provided, That $7,200,000,000, to remain available
until expended, shall be made available for fiscal year 2022,
$7,200,000,000, to remain available until expended, shall be made
available for fiscal year 2023, $7,200,000,000, to remain available
until expended, shall be made available for fiscal year 2024,
$7,200,000,000, to remain available until expended, shall be made
available for fiscal year 2025, and $7,200,000,000, to remain available
until expended, shall be made available for fiscal year 2026: Provided
further, That, notwithstanding subsection 24911(d)(3) of title 49,
United States Code, not more than $24,000,000,000 of the amounts made
available under this heading in this Act for fiscal years 2022 through
2026 shall be for projects for the Northeast Corridor: Provided
further, That amounts made available under the heading ``Northeast
Corridor Grants to the National Railroad Passenger Corporation'' in this
Act may be used as non-Federal share for Northeast Corridor projects
selected for award under section 24911 of title 49, United States Code,
after the date of enactment of this Act, notwithstanding subsection
24911(f) of such title: Provided further, That the Secretary may
withhold up to 2 percent of the amount provided under this heading in
this Act in each fiscal year for the costs of award and project
management oversight of grants carried out under section 24911 of title
49, United States Code: Provided further, That such amount is
designated by the Congress as being for an emergency requirement
pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the
concurrent resolution on the budget for fiscal year 2018,
[[Page 135 STAT. 1437]]
and to section 251(b) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
administrative provisions--federal railroad administration
(including transfer of funds)
Sec. 802. Amounts made available to the Secretary of Transportation
or to the Federal Railroad Administration in this title in this Act for
the costs of award, administration, and project management oversight of
financial assistance under the programs that are administered by the
Federal Railroad Administration may be transferred to a ``Financial
Assistance Oversight and Technical Assistance'' account, to remain
available until expended, for the necessary expenses to support the
award, administration, project management oversight, and technical
assistance of programs administered by the Federal Railroad
Administration under this Act: Provided, That one-quarter of one
percent of the amounts transferred pursuant to the authority in this
section in each of fiscal years 2022 through 2026 shall be transferred
to the Office of Inspector General of the Department of Transportation
for oversight of funding provided to the Department of Transportation in
this title in this Act: Provided further, That one-quarter of one
percent of the amounts transferred pursuant to the authority in this
section in each of fiscal years 2022 through 2026 shall be transferred
to the National Railroad Passenger Corporation Office of Inspector
General for oversight of funding provided to the National Railroad
Passenger Corporation in this title in this Act.
Federal Transit Administration
transit infrastructure grants
(including transfer of funds)
For an additional amount for ``Transit Infrastructure Grants'',
$10,250,000,000, to remain available until expended: Provided, That
$2,050,000,000, to remain available until expended, shall be made
available for fiscal year 2022, $2,050,000,000, to remain available
until expended, shall be made available for fiscal year 2023,
$2,050,000,000, to remain available until expended, shall be made
available for fiscal year 2024, $2,050,000,000, to remain available
until expended, shall be made available for fiscal year 2025, and
$2,050,000,000, to remain available until expended, shall be made
available for fiscal year 2026: Provided further, That the funds made
available under this heading in this Act shall be derived from the
general fund of the Treasury, shall be in addition to any other amounts
made available for such purpose, and shall not affect the distribution
of funds provided in any Act making annual appropriations: Provided
further, That the funds made available under this heading in this Act
shall not be subject to any limitation on obligations for the Federal
Public Transportation Assistance Program set forth in any Act making
annual appropriations: Provided further, That, of the amount provided
under this heading in this Act, the following amounts shall be for the
following purposes in equal amounts for each of fiscal years 2022
through 2026--
[[Page 135 STAT. 1438]]
(1) $4,750,000,000 shall be to carry out the state of good
repair grants under section 5337(c) and (d) of title 49, United
States Code;
(2) $5,250,000,000 shall be to carry out the low or no
emission grants under section 5339(c) of title 49, United States
Code; and
(3) $250,000,000 shall be to carry out the formula grants
for the enhanced mobility of seniors and individuals with
disabilities as authorized under section 5310 of title 49,
United States Code:
Provided further, That not more than two percent of the funds made
available under this heading in this Act shall be available for
administrative and oversight expenses as authorized under section 5334
and section 5338(c) of title 49, United States Code, and shall be in
addition to any other appropriations for such purpose: Provided
further, That one-half of one percent of the amounts in the preceding
proviso shall be transferred to the Office of Inspector General of the
Department of Transportation for oversight of funding provided to the
Department of Transportation in this title in this Act: Provided
further, That such amount is designated by the Congress as being for an
emergency requirement pursuant to section 4112(a) of H. Con. Res. 71
(115th Congress), the concurrent resolution on the budget for fiscal
year 2018, and to section 251(b) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
capital investment grants
(including transfer of funds)
For an additional amount for ``Capital Investment Grants'',
$8,000,000,000, to remain available until expended: Provided, That
$1,600,000,000, to remain available until expended, shall be made
available for fiscal year 2022, $1,600,000,000, to remain available
until expended, shall be made available for fiscal year 2023,
$1,600,000,000, to remain available until expended, shall be made
available for fiscal year 2024, $1,600,000,000, to remain available
until expended, shall be made available for fiscal year 2025, and
$1,600,000,000, to remain available until expended, shall be made
available for fiscal year 2026: Provided further, That not more than 55
percent of the funds made available under this heading in this Act in
each fiscal year may be available for projects authorized under section
5309(d) of title 49, United States Code: Provided further, That not
more than 20 percent of the funds made available under this heading in
this Act in each fiscal year may be available for projects authorized
under section 5309(e) of title 49, United States Code: Provided
further, That not more than 15 percent of the funds made available under
this heading in this Act in each fiscal year may be available for
projects authorized under section 5309(h) of title 49, United States
Code: Provided further, That not more than 10 percent of the funds made
available under this heading in this Act in each fiscal year may be
available for projects authorized under section 3005(b) of the Fixing
America's Surface Transportation Act: Provided further, That the
Secretary may adjust the percentage limitations in any of the preceding
four provisos by up to 5 percent in each fiscal year for which funds are
made available under this heading in this Act only
[[Page 135 STAT. 1439]]
when there are unobligated carry over balances from funds provided for
section 5309(d), section 5309(e), or section 5309(h) of title 49, United
States Code, or section 3005(b) of the Fixing America's Transportation
Act that are equal to or greater than amounts provided under this
heading in this Act: <<NOTE: List.>> Provided further, That for each
fiscal year through 2026, as part of the annual budget submission of the
President under section 1105(a) of title 31, United States Code, the
Secretary of Transportation shall submit a list of potential projects
eligible for the funds made available under this heading in this Act for
that fiscal year, including project locations and proposed funding
amounts consistent with the projects Full Funding Grant Agreement annual
funding profile where applicable: Provided further, That funds
allocated to any project during fiscal years 2015 or 2017 pursuant to
section 5309 of title 49, United States Code, shall remain allocated to
that project through fiscal year 2023: Provided further, That such
amount is designated by the Congress as being for an emergency
requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th
Congress), the concurrent resolution on the budget for fiscal year 2018,
and to section 251(b) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
all stations accessibility program
(including transfer of funds)
For an additional amount for ``All Stations Accessibility Program'',
$1,750,000,000, to remain available until expended, for the Secretary of
Transportation to make competitive grants to assist eligible entities in
financing capital projects to upgrade the accessibility of legacy rail
fixed guideway public transportation systems for persons with
disabilities, including those who use wheelchairs, by increasing the
number of existing (as of the date of enactment of this Act) stations or
facilities for passenger use that meet or exceed the new construction
standards of title II of the Americans with Disabilities Act of 1990 (42
U.S.C. 12131 et seq.): Provided, That $350,000,000, to remain available
until expended, shall be made available for fiscal year 2022,
$350,000,000, to remain available until expended, shall be made
available for fiscal year 2023, $350,000,000, to remain available until
expended, shall be made available for fiscal year 2024, $350,000,000, to
remain available until expended, shall be made available for fiscal year
2025, and $350,000,000, to remain available until expended, shall be
made available for fiscal year 2026: Provided further, That the funds
made available under this heading in this Act shall be derived from the
general fund of the Treasury: Provided further, That eligible entities
under this heading in this Act shall include a State or local government
authority: Provided further, That an eligible entity may use a grant
awarded under this heading in this Act: (1) for a project to repair,
improve, modify, retrofit, or relocate infrastructure of stations or
facilities for passenger use, including load-bearing members that are an
essential part of the structural frame; or (2) to develop or modify a
plan for pursuing public transportation accessibility projects,
assessments of accessibility, or assessments of planned modifications to
stations or facilities for passenger use: Provided further, That
eligible entities are
[[Page 135 STAT. 1440]]
encouraged to consult with appropriate stakeholders and the surrounding
community to ensure accessibility for individuals with disabilities,
including accessibility for individuals with physical disabilities,
including those who use wheelchairs, accessibility for individuals with
sensory disabilities, and accessibility for individuals with
intellectual or developmental disabilities: Provided further, That all
projects shall at least meet the new construction standards of title II
of the Americans with Disabilities Act of 1990: Provided further, That
eligible costs for a project funded with a grant awarded under this
heading in this Act shall be limited to the costs associated with
carrying out the purpose described in the preceding proviso: Provided
further, That an eligible entity may not use a grant awarded under this
heading in this Act to upgrade a station or facility for passenger use
that is accessible to and usable by individuals with disabilities,
including individuals who use wheelchairs, consistent with current (as
of the date of the upgrade) new construction standards under title II of
the Americans with Disabilities Act of 1990 (42 U.S.C. 12131 et seq.):
Provided further, That a grant for a project made with amounts made
available under this heading in this Act shall be for 80 percent of the
net project cost: Provided further, That the total Federal financial
assistance available under chapter 53 of title 49, United States Code,
for an eligible entity that receives a grant awarded under this heading
in this Act may not exceed 80 percent: Provided further, That the
recipient of a grant made with amounts made available under this heading
in this Act may provide additional local matching amounts: Provided
further, That not more than two percent of the funds made available
under this heading in this Act shall be available for administrative and
oversight expenses as authorized under section 5334 and section 5338(c)
of title 49, United States Code, and shall be in addition to any other
appropriations for such purpose: Provided further, That one-half of one
percent of the of the amounts in the preceding proviso shall be
transferred to the Office of Inspector General of the Department of
Transportation for oversight of funding provided to the Department of
Transportation in this title in this Act: Provided further, That such
amount is designated by the Congress as being for an emergency
requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th
Congress), the concurrent resolution on the budget for fiscal year 2018,
and to section 251(b) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
electric or low-emitting ferry program
(including transfer of funds)
For competitive grants for electric or low-emitting ferry pilot
program grants as authorized under section 71102 of division G of this
Act, $250,000,000, to remain available until expended: Provided, That
$50,000,000, to remain available until expended, shall be made available
for fiscal year 2022, $50,000,000, to remain available until expended,
shall be made available for fiscal year 2023, $50,000,000, to remain
available until expended, shall be made available for fiscal year 2024,
$50,000,000, to remain available until expended, shall be made available
for fiscal year 2025, and $50,000,000, to remain available until
expended, shall be made available for fiscal year 2026: Provided
further, That amounts made
[[Page 135 STAT. 1441]]
available under this heading in this Act shall be derived from the
general fund of the Treasury: Provided further, That the amounts made
available under this heading in this Act shall not be subject to any
limitation on obligations for transit programs set forth in any Act
making annual appropriations: Provided further, That not more than two
percent of the funds made available under this heading in this Act shall
be available for administrative and oversight expenses as authorized
under section 5334 and section 5338(c) of title 49, United States Code,
and shall be in addition to any other appropriations for such purpose:
Provided further, That one-half of one percent of the of the amounts in
the preceding proviso shall be transferred to the Office of Inspector
General of the Department of Transportation for oversight of funding
provided to the Department of Transportation in this title in this Act:
Provided further, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section 4112(a) of H.
Con. Res. 71 (115th Congress), the concurrent resolution on the budget
for fiscal year 2018, and to section 251(b) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
ferry service for rural communities
(including transfer of funds)
For competitive grants to States for eligible essential ferry
service as authorized under section 71103 of division G of this Act,
$1,000,000,000, to remain available until expended: Provided, That
$200,000,000, to remain available until expended, shall be made
available for fiscal year 2022, $200,000,000, to remain available until
expended, shall be made available for fiscal year 2023, $200,000,000, to
remain available until expended, shall be made available for fiscal year
2024, $200,000,000, to remain available until expended, shall be made
available for fiscal year 2025, and $200,000,000, to remain available
until expended, shall be made available for fiscal year 2026: Provided
further, That amounts made available under this heading in this Act
shall be derived from the general fund of the Treasury: Provided
further, That amounts made available under this heading in this Act
shall not be subject to any limitation on obligations for the Federal
Public Transportation Assistance Program set forth in any Act making
annual appropriations: Provided further, That not more than two percent
of the funds made available under this heading in this Act shall be
available for administrative and oversight expenses as authorized under
section 5334 and section 5338(c) of title 49, United States Code, and
shall be in addition to any other appropriations for such purpose:
Provided further, That one-half of one percent of the amounts in the
preceding proviso shall be transferred to the Office of Inspector
General of the Department of Transportation for oversight of funding
provided to the Department of Transportation in this title in this Act:
Provided further, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section 4112(a) of H.
Con. Res. 71 (115th Congress), the concurrent resolution on the budget
for fiscal year 2018, and to section 251(b) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
[[Page 135 STAT. 1442]]
Maritime Administration
operations and training
For an additional amount for ``Operations and Training'',
$25,000,000, to remain available until September 30, 2032, for the
America's Marine Highway Program to make grants for the purposes
authorized under sections 55601(b)(1) and (3) of title 46, United States
Code: Provided, That such amount is designated by the Congress as being
for an emergency requirement pursuant to section 4112(a) of H. Con. Res.
71 (115th Congress), the concurrent resolution on the budget for fiscal
year 2018, and to section 251(b) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
port infrastructure development program
For an additional amount for ``Port Infrastructure Development
Program'', $2,250,000,000, to remain available until September 30, 2036:
Provided, That $450,000,000, to remain available until September 30,
2032, shall be made available for fiscal year 2022, $450,000,000, to
remain available until September 30, 2033, shall be made available for
fiscal year 2023, $450,000,000, to remain available until September 30,
2034, shall be made available for fiscal year 2024, $450,000,000, to
remain available until September 30, 2035, shall be made available for
fiscal year 2025, and $450,000,000, to remain available until September
30, 2036, shall be made available for fiscal year 2026: Provided
further, That for the purposes of amounts made available under this
heading in this Act and in prior Acts, and in addition to projects
already eligible for awards under this heading, eligible projects, as
defined under section 50302(c)(3) of title 46, United States Code, shall
also include projects that improve the resiliency of ports to address
sea-level rise, flooding, extreme weather events, earthquakes, and
tsunami inundation, as well as projects that reduce or eliminate port-
related criteria pollutant or greenhouse gas emissions, including
projects for--
(1) Port electrification or electrification master planning;
(2) Harbor craft or equipment replacements/retrofits;
(3) Development of port or terminal micro-grids;
(4) Providing idling reduction infrastructure;
(5) Purchase of cargo handling equipment and related
infrastructure;
(6) Worker training to support electrification technology;
(7) Installation of port bunkering facilities from ocean-
going vessels for fuels;
(8) Electric vehicle charge or hydrogen refueling
infrastructure for drayage, and medium or heavy duty trucks and
locomotives that service the port and related grid upgrades; or
(9) Other related to port activities including charging
infrastructure, electric rubber-tired gantry cranes, and anti-
idling technologies:
Provided further, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section 4112(a) of H.
Con. Res. 71 (115th Congress), the concurrent resolution on the budget
for fiscal year 2018, and to section 251(b) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
[[Page 135 STAT. 1443]]
Pipeline and Hazardous Materials Safety Administration
natural gas distribution infrastructure safety and modernization grant
program
(including transfer of funds)
For an additional amount for ``Natural Gas Distribution
Infrastructure Safety and Modernization Grant Program'', $1,000,000,000,
to remain available until expended for the Secretary of Transportation
to make competitive grants for the modernization of natural gas
distribution pipelines: Provided, That $200,000,000, to remain
available until September 30, 2032, shall be made available for fiscal
year 2022, $200,000,000, to remain available until September 30, 2033,
shall be made available for fiscal year 2023, $200,000,000, to remain
available until September 30, 2034, shall be made available for fiscal
year 2024, $200,000,000, to remain available until September 30, 2035,
shall be made available for fiscal year 2025, and $200,000,000, to
remain available until September 30, 2036, shall be made available for
fiscal year 2026: Provided further, That grants from funds made
available under this heading in this Act shall be available to a
municipality or community owned utility (not including for-profit
entities) to repair, rehabilitate, or replace its natural gas
distribution pipeline system or portions thereof or to acquire equipment
to (1) reduce incidents and fatalities and (2) avoid economic
losses: <<NOTE: Procedures.>> Provided further, That in making grants
from funds made available under this heading in this Act, the Secretary
shall establish procedures for awarding grants that take into
consideration the following: (1) the risk profile of the existing
pipeline system operated by the applicant, including the presence of
pipe prone to leakage; (2) the potential of the project for creating
jobs; (3) the potential for benefiting disadvantaged rural and urban
communities; and (4) economic impact or growth: Provided further, That
the Secretary shall not award more than 12.5 percent of the funds
available under this heading to a single municipality or community-owned
utility: Provided further, That the
Secretary <<NOTE: Notice. Deadline.>> shall issue a notice of funding
opportunity not later than 180 days after each date upon which funds are
made available under the first proviso: <<NOTE: Awards. Deadline.>>
Provided further, That the Secretary shall make awards not later than
270 days after issuing the notices of funding opportunity required under
the preceding proviso: Provided further, That not more than 2 percent
of the amounts made available in each fiscal year shall be available to
pay the administrative costs of carrying out the grant program under
this heading in this Act: Provided further, That one-half of one
percent of the amounts transferred pursuant to the authority in this
section in each of fiscal years 2022 through 2026 shall be transferred
to the Office of Inspector General of the Department of Transportation
for oversight of funding provided to the Department of Transportation in
this Act: Provided further, That such amount is designated by the
Congress as being for an emergency requirement pursuant to section
4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution
on the budget for fiscal year 2018, and to section 251(b) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
[[Page 135 STAT. 1444]]
General Provision--Department of Transportation
Sec. 803. Any funds transferred to the Office of Inspector General
of the Department of Transportation from amounts made available in this
division in this Act shall remain available until expended.
TITLE IX--GENERAL PROVISIONS--THIS DIVISION
Sec. 901. Each amount appropriated or made available by this
division is in addition to amounts otherwise appropriated for the fiscal
year involved.
Sec. 902. No part of any appropriation contained in this division
shall remain available for obligation beyond the current fiscal year
unless expressly so provided herein.
Sec. 903. Unless otherwise provided for by this division, the
additional amounts appropriated by this division to appropriations
accounts for a fiscal year shall be available under the authorities and
conditions applicable to such appropriations accounts for that fiscal
year.
Sec. 904. Any amount appropriated by this division, designated by
the Congress as an emergency requirement pursuant to section 4112(a) of
H. Con. Res. 71 (115th Congress), the concurrent resolution on the
budget for fiscal year 2018, and to section 251(b) of the Balanced
Budget and Emergency Deficit Control Act of 1985, and transferred
pursuant to transfer authorities provided by this division shall retain
such designation.
budgetary effects
Sec. 905. (a) Statutory PAYGO Scorecards.--The budgetary effects of
this division and amounts rescinded in section 90007 of division I that
were previously designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985 shall not be entered on either PAYGO
scorecard maintained pursuant to section 4(d) of the Statutory Pay As-
You-Go Act of 2010.
(b) Senate Paygo Scorecards.--The budgetary effects of this division
and amounts rescinded in section 90007 of division I that were
previously designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985 shall not be entered on any PAYGO scorecard
maintained for purposes of section 4106 of H. Con. Res. 71 (115th
Congress).
(c) Classification of Budgetary Effects.--Notwithstanding Rule 3 of
the Budget Scorekeeping Guidelines set forth in the joint explanatory
statement of the committee of conference accompanying Conference Report
105-217 and section 250(c)(7) and (c)(8) of the Balanced Budget and
Emergency Deficit Control Act of 1985, the budgetary effects of this
division and amounts rescinded in section 90007 of division I that were
previously designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985 shall be estimated for purposes of section
251 of such Act and as appropriations for discretionary accounts for
purposes of the allocation to the Committee on Appropriations pursuant
to section 302(a) of the Congressional Budget Act of 1974
[[Page 135 STAT. 1445]]
and section 4112 of H. Con. Res. 71 (115th Congress), the concurrent
resolution on the budget for fiscal year 2018.
This division may be cited as the ``Infrastructure Investments and
Jobs Appropriations Act''.
DIVISION <<NOTE: Minority Business Development Act of 2021.>> K--
MINORITY BUSINESS DEVELOPMENT
SEC. 100001. <<NOTE: 15 USC 8501 note.>> SHORT TITLE.
This division may be cited as the ``Minority Business Development
Act of 2021''.
SEC. 100002. <<NOTE: 15 USC 9501.>> DEFINITIONS.
In this division:
(1) Agency.--The term ``Agency'' means the Minority Business
Development Agency of the Department of Commerce.
(2) Community-based organization.--The term ``community-
based organization'' has the meaning given the term in section
8101 of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7801).
(3) Eligible entity.--Except as otherwise expressly
provided, the term ``eligible entity''--
(A) means--
(i) a private sector entity;
(ii) a public sector entity; or
(iii) a Native entity; and
(B) includes an institution of higher education.
(4) Federal agency.--The term ``Federal agency'' has the
meaning given the term ``agency'' in section 551 of title 5,
United States Code.
(5) Federally recognized area of economic distress.--The
term ``federally recognized area of economic distress'' means--
(A) a HUBZone, as that term is defined in section
31(b) of the Small Business Act (15 U.S.C. 657a(b));
(B) an area that--
(i) has been designated as--
(I) an empowerment zone under
section 1391 of the Internal Revenue
Code of 1986; or
(II) a Promise Zone by the Secretary
of Housing and Urban Development; or
(ii) is a low or moderate income area, as
determined by the Department of Housing and Urban
Development;
(C) a qualified opportunity zone, as that term is
defined in section 1400Z-1 of the Internal Revenue Code
of 1986; or
(D) any other political subdivision or
unincorporated area of a State determined by the Under
Secretary to be an area of economic distress.
(6) Institution of higher education.--The term ``institution
of higher education'' has the meaning given the term in section
101 of the Higher Education Act of 1965 (20 U.S.C. 1001).
(7) MBDA business center.--The term ``MBDA Business Center''
means a business center that--
[[Page 135 STAT. 1446]]
(A) is established by the Agency; and
(B) provides technical business assistance to
minority business enterprises consistent with the
requirements of this division.
(8) MBDA business center agreement.--The term ``MBDA
Business Center agreement'' means a legal instrument--
(A) reflecting a relationship between the Agency and
the recipient of a Federal assistance award that is the
subject of the instrument; and
(B) that establishes the terms by which the
recipient described in subparagraph (A) shall operate an
MBDA Business Center.
(9) Minority business enterprise.--
(A) In general.--The term ``minority business
enterprise'' means a business enterprise--
(i) that is not less than 51 percent-owned by
1 or more socially or economically disadvantaged
individuals; and
(ii) the management and daily business
operations of which are controlled by 1 or more
socially or economically disadvantaged
individuals.
(B) Rule of construction.--Nothing in subparagraph
(A) may be construed to exclude a business enterprise
from qualifying as a ``minority business enterprise''
under that subparagraph because of--
(i) the status of the business enterprise as a
for-profit or not-for-profit enterprise; or
(ii) the annual revenue of the business
enterprise.
(10) Native entity.--The term ``Native entity'' means--
(A) a Tribal Government;
(B) an Alaska Native village or Regional or Village
Corporation, as defined in or established pursuant to
the Alaska Native Claims Settlement Act (43 U.S.C. 1601
et seq.);
(C) a Native Hawaiian organization, as that term is
defined in section 6207 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7517);
(D) the Department of Hawaiian Home Lands; and
(E) the Office of Hawaiian Affairs.
(11) Private sector entity.--The term ``private sector
entity''--
(A) means an entity that is not a public sector
entity; and
(B) does not include--
(i) the Federal Government;
(ii) any Federal agency; or
(iii) any instrumentality of the Federal
Government.
(12) Public sector entity.--The term ``public sector
entity'' means--
(A) a State;
(B) an agency of a State;
(C) a political subdivision of a State;
(D) an agency of a political subdivision of a State;
or
(E) a Native entity.
[[Page 135 STAT. 1447]]
(13) Secretary.--The term ``Secretary'' means the Secretary
of Commerce.
(14) Socially or economically disadvantaged business
concern.--The term ``socially or economically disadvantaged
business concern'' means a for-profit business enterprise--
(A)(i) that is not less than 51 percent owned by 1
or more socially or economically disadvantaged
individuals; or
(ii) that is socially or economically disadvantaged;
or
(B) the management and daily business operations of
which are controlled by 1 or more socially or
economically disadvantaged individuals.
(15) Socially or economically disadvantaged individual.--
(A) In general.--The term ``socially or economically
disadvantaged individual'' means an individual who has
been subjected to racial or ethnic prejudice or cultural
bias (or the ability of whom to compete in the free
enterprise system has been impaired due to diminished
capital and credit opportunities, as compared to others
in the same line of business and competitive market
area) because of the identity of the individual as a
member of a group, without regard to any individual
quality of the individual that is unrelated to that
identity.
(B) Presumption.--In carrying out this division, the
Under Secretary shall presume that the term ``socially
or economically disadvantaged individual'' includes any
individual who is--
(i) Black or African American;
(ii) Hispanic or Latino;
(iii) American Indian or Alaska Native;
(iv) Asian;
(v) Native Hawaiian or other Pacific Islander;
or
(vi) a member of a group that the Agency
determines under part 1400 of title 15, Code of
Federal Regulations, as in effect on November 23,
1984, is a socially disadvantaged group eligible
to receive assistance.
(16) Specialty center.--The term ``specialty center'' means
an MBDA Business Center that provides specialty services
focusing on specific business needs, including assistance
relating to--
(A) capital access;
(B) Federal procurement;
(C) entrepreneurship;
(D) technology transfer; or
(E) any other area determined necessary or
appropriate based on the priorities of the Agency.
(17) State.--The term ``State'' means--
(A) each of the States of the United States;
(B) the District of Columbia;
(C) the Commonwealth of Puerto Rico;
(D) the United States Virgin Islands;
(E) Guam;
(F) American Samoa;
(G) the Commonwealth of the Northern Mariana
Islands; and
[[Page 135 STAT. 1448]]
(H) each Tribal Government.
(18) Tribal government.--The term ``Tribal Government''
means the recognized governing body of any Indian or Alaska
Native tribe, band, nation, pueblo, village, community,
component band, or component reservation, individually
identified (including parenthetically) in the list published
most recently as of the date of enactment of this division
pursuant to section 104 of the Federally Recognized Indian Tribe
List Act of 1994 (25 U.S.C. 5131).
(19) Under secretary.--The term ``Under Secretary'' means
the Under Secretary of Commerce for Minority Business
Development, who is appointed as described in section ___3(b) to
administer this division.
SEC. 100003. MINORITY BUSINESS DEVELOPMENT AGENCY.
(a) In General.--There is within the Department of Commerce the
Minority Business Development Agency.
(b) Under Secretary.--
(1) Appointment and duties.--The Agency shall be headed by
the Under Secretary of Commerce for Minority Business
Development, who shall--
(A) <<NOTE: President.>> be appointed by the
President, by and with the advice and consent of the
Senate;
(B) except as otherwise expressly provided, be
responsible for the administration of this division; and
(C) report directly to the Secretary.
(2) Compensation.--
(A) In general.--The Under Secretary shall be
compensated at an annual rate of basic pay prescribed
for level III of the Executive Schedule under section
5314 of title 5, United States Code.
(B) Technical and conforming amendment.--Section
5314 of title 5, United States Code, is amended by
striking ``and Under Secretary of Commerce for Travel
and Tourism'' and inserting ``Under Secretary of
Commerce for Travel and Tourism, and Under Secretary of
Commerce for Minority Business Development''.
(3) References.--Any reference in a law, map, regulation,
document, paper, or other record of the United States to the
Director of the Agency shall be deemed to be a reference to the
Under Secretary.
(c) Report to Congress.--Not later than 120 days after the date of
enactment of this Act, the Secretary shall submit to Congress a report
that describes--
(1) the organizational structure of the Agency;
(2) the organizational position of the Agency within the
Department of Commerce; and
(3) a description of how the Agency shall function in
relation to the operations carried out by each other component
of the Department of Commerce.
(d) Office of Business Centers.--
(1) Establishment.--There is established within the Agency
the Office of Business Centers.
(2) <<NOTE: Appointment.>> Director.--The Office of
Business Centers shall be administered by a Director, who shall
be appointed by the Under Secretary.
(e) Offices of the Agency.--
[[Page 135 STAT. 1449]]
(1) In general.--In addition to the regional offices that
the Under Secretary is required to establish under paragraph
(2), the Under Secretary shall establish such other offices
within the Agency as are necessary to carry out this division.
(2) Regional offices.--
(A) <<NOTE: Determination.>> In general.--In order
to carry out this division, the Under Secretary shall
establish a regional office of the Agency for each of
the regions of the United States, as determined by the
Under Secretary.
(B) Duties.--Each regional office established under
subparagraph (A) shall expand the reach of the Agency
and enable the Federal Government to better serve the
needs of minority business enterprises in the region
served by the office, including by--
(i) understanding and participating in the
business environment of that region;
(ii) working with--
(I) MBDA Business Centers that are
located in that region;
(II) resource and lending partners
of other appropriate Federal agencies
that are located in that region; and
(III) Federal, State, and local
procurement offices that are located in
that region;
(iii) being aware of business retention or
expansion programs that are specific to that
region;
(iv) seeking out opportunities to collaborate
with regional public and private programs that
focus on minority business enterprises; and
(v) promoting business continuity and
preparedness.
TITLE I--EXISTING INITIATIVES
Subtitle A--Market Development, Research, and Information
SEC. 100101. <<NOTE: 15 USC 9511.>> PRIVATE SECTOR DEVELOPMENT.
The Under Secretary shall, whenever the Under Secretary determines
such action is necessary or appropriate--
(1) provide Federal assistance to minority business
enterprises operating in domestic and foreign markets by making
available to those business enterprises, either directly or in
cooperation with private sector entities, including community-
based organizations and national nonprofit organizations--
(A) resources relating to management;
(B) technological and technical assistance;
(C) financial, legal, and marketing services; and
(D) services relating to workforce development;
(2) encourage minority business enterprises to establish
joint ventures and projects--
(A) with other minority business enterprises; or
(B) in cooperation with public sector entities or
private sector entities, including community-based
organizations and national nonprofit organizations, to
increase the share
[[Page 135 STAT. 1450]]
of any market activity being performed by minority
business enterprises; and
(3) facilitate the efforts of private sector entities and
Federal agencies to advance the growth of minority business
enterprises.
SEC. 100102. <<NOTE: 15 USC 9512.>> PUBLIC SECTOR DEVELOPMENT.
The Under Secretary shall, whenever the Under Secretary determines
such action is necessary or appropriate--
(1) <<NOTE: Consultation.>> consult and cooperate with
public sector entities for the purpose of leveraging resources
available in the jurisdictions of those public sector entities
to promote the position of minority business enterprises in the
local economies of those public sector entities, including by
assisting public sector entities to establish or enhance--
(A) programs to procure goods and services through
minority business enterprises and goals for that
procurement;
(B) programs offering assistance relating to--
(i) management;
(ii) technology;
(iii) law;
(iv) financing, including accounting;
(v) marketing; and
(vi) workforce development; and
(C) informational programs designed to inform
minority business enterprises located in the
jurisdictions of those public sector entities about the
availability of programs described in this section;
(2) meet with leaders and officials of public sector
entities for the purpose of recommending and promoting local
administrative and legislative initiatives needed to advance the
position of minority business enterprises in the local economies
of those public sector entities; and
(3) facilitate the efforts of public sector entities and
Federal agencies to advance the growth of minority business
enterprises.
SEC. 100103. <<NOTE: 15 USC 9513.>> RESEARCH AND INFORMATION.
(a) In General.--In order to achieve the purposes of this division,
the Under Secretary--
(1) shall--
(A) <<NOTE: Analysis.>> collect and analyze data,
including data relating to the causes of the success or
failure of minority business enterprises;
(B) <<NOTE: Studies. Surveys.>> conduct research,
studies, and surveys of--
(i) economic conditions generally in the
United States; and
(ii) how the conditions described in clause
(i) particularly affect the development of
minority business enterprises; and
(C) provide outreach, educational services, and
technical assistance in, at a minimum, the 5 most
commonly spoken languages in the United States to ensure
that limited English proficient individuals receive
culturally and linguistically appropriate access to the
services and information provided by the Agency; and
[[Page 135 STAT. 1451]]
(2) may perform an evaluation of programs carried out by the
Under Secretary that are designed to assist the development of
minority business enterprises.
(b) Information Clearinghouse.--The Under Secretary shall--
(1) establish and maintain an information clearinghouse for
the collection and dissemination to relevant parties (including
business owners and researchers) of demographic, economic,
financial, managerial, and technical data relating to minority
business enterprises; and
(2) take such steps as the Under Secretary may determine to
be necessary and desirable to--
(A) search for, collect, classify, coordinate,
integrate, record, and catalog the data described in
paragraph (1); and
(B) in a manner that is consistent with section 552a
of title 5, United States Code, protect the privacy of
the minority business enterprises to which the data
described in paragraph (1) relates.
Subtitle B--Minority Business Development Agency Business Center Program
SEC. 100111. <<NOTE: 15 USC 9521.>> DEFINITION.
In this subtitle, the term ``MBDA Business Center Program'' means
the program established under section ___113.
SEC. 100112. <<NOTE: 15 USC 9522.>> PURPOSE.
The purpose of the MBDA Business Center Program shall be to create a
national network of public-private partnerships that--
(1) assist minority business enterprises in--
(A) accessing capital, contracts, and grants; and
(B) creating and maintaining jobs;
(2) provide counseling and mentoring to minority business
enterprises; and
(3) facilitate the growth of minority business enterprises
by promoting trade.
SEC. 100113. <<NOTE: 15 USC 9523.>> ESTABLISHMENT.
(a) In General.--There is established in the Agency a program--
(1) that shall be known as the MBDA Business Center Program;
(2) that shall be separate and distinct from the efforts of
the Under Secretary under section ___101; and
(3) under which the Under Secretary shall make Federal
assistance awards to eligible entities to operate MBDA Business
Centers, which shall, in accordance with section ___114, provide
technical assistance and business development services, or
specialty services, to minority business enterprises.
(b) Coverage.--The Under Secretary shall take all necessary actions
to ensure that the MBDA Business Center Program, in accordance with
section ___114, offers the services described in subsection (a)(3) in
all regions of the United States.
[[Page 135 STAT. 1452]]
SEC. 100114. <<NOTE: Contracts. 15 USC 9524.>> GRANTS AND
COOPERATIVE AGREEMENTS.
(a) Requirements.--An MBDA Business Center (referred to in this
subtitle as a ``Center''), with respect to the Federal financial
assistance award made to operate the Center under the MBDA Business
Center Program--
(1) shall--
(A) provide to minority business enterprises
programs and services determined to be appropriate by
the Under Secretary, which may include--
(i) referral services to meet the needs of
minority business enterprises; and
(ii) programs and services to accomplish the
goals described in section ___101(1);
(B) develop, cultivate, and maintain a network of
strategic partnerships with organizations that foster
access by minority business enterprises to economic
markets, capital, or contracts;
(C) continue to upgrade and modify the services
provided by the Center, as necessary, in order to meet
the changing and evolving needs of the business
community;
(D) establish or continue a referral relationship
with not less than 1 community-based organization; and
(E) collaborate with other Centers; and
(2) in providing programs and services under the applicable
MBDA Business Center agreement, may--
(A) operate on a fee-for-service basis; or
(B) generate income through the collection of--
(i) client fees;
(ii) membership fees; and
(iii) any other appropriate fees proposed by
the Center in the application submitted by the
Center under subsection (e).
(b) Term.--Subject to subsection (g)(3), the term of an MBDA
Business Center agreement shall be not less than 3 years.
(c) Financial Assistance.--
(1) In general.--The amount of financial assistance provided
by the Under Secretary under an MBDA Business Center agreement
shall be not less than $250,000 for the term of the agreement.
(2) Matching requirement.--
(A) <<NOTE: Determination.>> In general.--A Center
shall match not less than \1/3\ of the amount of the
financial assistance awarded to the Center under the
terms of the applicable MBDA Business Center agreement,
unless the Under Secretary determines that a waiver of
that requirement is necessary after a demonstration by
the Center of a substantial need for that waiver.
(B) Form of funds.--A Center may meet the matching
requirement under subparagraph (A) by using--
(i) cash or in-kind contributions, without
regard to whether the contribution is made by a
third party; or
(ii) Federal funds received from other Federal
programs.
(3) Use of financial assistance and program income.--A
Center shall use--
[[Page 135 STAT. 1453]]
(A) all financial assistance awarded to the Center
under the applicable MBDA Business Center agreement to
carry out subsection (a); and
(B) all income that the Center generates in carrying
out subsection (a)--
(i) to meet the matching requirement under
paragraph (2) of this subsection; and
(ii) if the Center meets the matching
requirement under paragraph (2) of this
subsection, to carry out subsection (a).
(d) Criteria for Selection.--The Under Secretary shall--
(1) establish criteria that--
(A) <<NOTE: Determination.>> the Under Secretary
shall use in determining whether to enter into an MBDA
Business Center agreement with an eligible entity; and
(B) may include criteria relating to whether an
eligible entity is located in--
(i) an area, the population of which is
composed of not less than 51 percent socially or
economically disadvantaged individuals, as
determined in accordance with data collected by
the Bureau of the Census;
(ii) a federally recognized area of economic
distress; or
(iii) a State that is underserved with respect
to the MBDA Business Center Program, as defined by
the Under Secretary; and
(2) <<NOTE: Public information.>> make the criteria and
standards established under paragraph (1) publicly available,
including--
(A) <<NOTE: Web posting.>> on the website of the
Agency; and
(B) in each Notice of Funding Opportunity soliciting
MBDA Business Center agreements.
(e) Applications.--An eligible entity desiring to enter into an MBDA
Business Center agreement shall submit to the Under Secretary an
application that includes--
(1) a statement of--
(A) how the eligible entity will carry out
subsection (a); and
(B) any experience or plans of the eligible entity
with respect to--
(i) assisting minority business enterprises
to--
(I) obtain--
(aa) large-scale contracts,
grants, or procurements;
(bb) financing; or
(cc) legal assistance;
(II) access established supply
chains; and
(III) engage in--
(aa) joint ventures, teaming
arrangements, and mergers and
acquisitions; or
(bb) large-scale
transactions in global markets;
(ii) supporting minority business enterprises
in increasing the size of the workforces of those
enterprises, including, with respect to a minority
business enterprise that does not have employees,
aiding the minority business enterprise in
becoming an enterprise that has employees; and
[[Page 135 STAT. 1454]]
(iii) advocating for minority business
enterprises; and
(2) the budget and corresponding budget narrative that the
eligible entity will use in carrying out subsection (a) during
the term of the applicable MBDA Business Center agreement.
(f) <<NOTE: Deadline.>> Notification.--If the Under Secretary
grants an application of an eligible entity submitted under subsection
(e), the Under Secretary shall notify the eligible entity that the
application has been granted not later than 150 days after the last day
on which an application may be submitted under that subsection.
(g) Program Examination; Accreditation; Extensions.--
(1) <<NOTE: Deadline. Time period.>> Examination.--Not
later than 180 days after the date of enactment of this Act, and
biennially thereafter, the Under Secretary shall conduct a
programmatic financial examination of each Center.
(2) Accreditation.--The Under Secretary may provide
financial support, by contract or otherwise, to an association,
not less than 51 percent of the members of which are Centers,
to--
(A) pursue matters of common concern with respect to
Centers; and
(B) develop an accreditation program with respect to
Centers.
(3) Extensions.--
(A) In general.--The Under Secretary may extend the
term under subsection (b) of an MBDA Business Center
agreement to which a Center is a party, if the Center
consents to the extension.
(B) Financial assistance.--If the Under Secretary
extends the term of an MBDA Business Center agreement
under paragraph (1), the Under Secretary shall, in the
same manner and amount in which financial assistance was
provided during the initial term of the agreement,
provide financial assistance under the agreement during
the extended term of the agreement.
(h) MBDA Involvement.--The Under Secretary may take actions to
ensure that the Agency is substantially involved in the activities of
Centers in carrying out subsection (a), including by--
(1) providing to each Center training relating to the MBDA
Business Center Program;
(2) requiring that the operator and staff of each Center--
(A) attend--
(i) a conference with the Agency to establish
the services and programs that the Center will
provide in carrying out the requirements before
the date on which the Center begins providing
those services and programs; and
(ii) training provided under paragraph (1);
(B) receive necessary guidance relating to carrying
out the requirements under subsection (a); and
(C) <<NOTE: Coordination.>> work in coordination
and collaboration with the Under Secretary to carry out
the MBDA Business Center Program and other programs of
the Agency;
(3) facilitating connections between Centers and--
(A) Federal agencies other than the Agency, as
appropriate; and
[[Page 135 STAT. 1455]]
(B) other institutions or entities that use Federal
resources, such as--
(i) small business development centers, as
that term is defined in section 3(t) of the Small
Business Act (15 U.S.C. 632(t));
(ii) women's business centers described in
section 29 of the Small Business Act (15 U.S.C.
656);
(iii) eligible entities, as that term is
defined in section 2411 of title 10, United States
Code, that provide services under the program
carried out under chapter 142 of that title; and
(iv) entities participating in the Hollings
Manufacturing Extension Partnership Program
established under section 25 of the National
Institute of Standards and Technology Act (15
U.S.C. 278k);
(4) monitoring projects carried out by each Center; and
(5) establishing and enforcing administrative and reporting
requirements for each Center to carry out subsection (a).
(i) <<NOTE: Publication.>> Regulations.--The Under Secretary shall
issue and publish regulations that establish minimum standards regarding
verification of minority business enterprise status for clients of
entities operating under the MBDA Business Center Program.
SEC. 100115. <<NOTE: 15 USC 9525.>> MINIMIZING DISRUPTIONS TO
EXISTING MBDA BUSINESS CENTER
PROGRAM.
The Under Secretary shall ensure that each Federal assistance award
made under the Business Centers program of the Agency, as is in effect
on the day before the date of enactment of this Act, is carried out in a
manner that, to the greatest extent practicable, prevents disruption of
any activity carried out under that award.
SEC. 100116. PUBLICITY.
In carrying out the MBDA Business Center Program, the Under
Secretary shall widely publicize the MBDA Business Center Program,
including--
(1) <<NOTE: Web posting.>> on the website of the Agency;
(2) <<NOTE: Social media.>> via social media outlets; and
(3) by sharing information relating to the MBDA Business
Center Program with community-based organizations, including
interpretation groups where necessary, to communicate in the
most common languages spoken by the groups served by those
organizations.
TITLE II--NEW INITIATIVES TO PROMOTE ECONOMIC RESILIENCY FOR MINORITY
BUSINESSES
SEC. 100201. <<NOTE: 15 USC 9541.>> ANNUAL DIVERSE BUSINESS FORUM
ON CAPITAL FORMATION.
(a) <<NOTE: Deadline. Review.>> Responsibility of Agency.--Not
later than 18 months after the date of enactment of this Act, and
annually thereafter, the Under Secretary shall conduct a Government-
business forum to review the current status of problems and programs
relating to capital formation by minority business enterprises.
[[Page 135 STAT. 1456]]
(b) Participation in Forum Planning.--The Under Secretary shall
invite the heads of other Federal agencies, such as the Chairman of the
Securities and Exchange Commission, the Secretary of the Treasury, and
the Chairman of the Board of Governors of the Federal Reserve System,
organizations representing State securities commissioners,
representatives of leading minority chambers of commerce, not less than
1 certified owner of a minority business enterprise, business
organizations, and professional organizations concerned with capital
formation to participate in the planning of each forum conducted under
subsection (a).
(c) Preparation of Statements and Reports.--
(1) Requests.--The Under Secretary may request that any head
of a Federal agency, department, or organization, including
those described in subsection (b), or any other group or
individual, prepare a statement or report to be delivered at any
forum conducted under subsection (a).
(2) Cooperation.--Any head of a Federal agency, department,
or organization who receives a request under paragraph (1)
shall, to the greatest extent practicable, cooperate with the
Under Secretary to fulfill that request.
(d) Transmittal of Proceedings and Findings.--The Under Secretary
shall--
(1) <<NOTE: Summary. Recommenda- tions.>> prepare a summary
of the proceedings of each forum conducted under subsection (a),
which shall include the findings and recommendations of the
forum; and
(2) transmit the summary described in paragraph (1) with
respect to each forum conducted under subsection (a) to--
(A) the participants in the forum;
(B) Congress; and
(C) <<NOTE: Public information. Web posting.>> the
public, through a publicly available website.
(e) Review of Findings and Recommendations; Public Statements.--
(1) In general.--A Federal agency to which a finding or
recommendation described in subsection (d)(1) relates shall--
(A) review that finding or recommendation; and
(B) promptly after the finding or recommendation is
transmitted under subsection (d)(2)(C), issue a public
statement--
(i) <<NOTE: Assessment.>> assessing the
finding or recommendation; and
(ii) <<NOTE: Disclosure.>> disclosing the
action, if any, the Federal agency intends to take
with respect to the finding or recommendation.
(2) Joint statement permitted.--If a finding or
recommendation described in subsection (d)(1) relates to more
than 1 Federal agency, the applicable Federal agencies may, for
the purposes of the public statement required under paragraph
(1)(B), issue a joint statement.
SEC. 100202. <<NOTE: 15 USC 9542.>> AGENCY STUDY ON ALTERNATIVE
FINANCING SOLUTIONS.
(a) Purpose.--The purpose of this section is to provide information
relating to alternative financing solutions to minority business
enterprises, as those business enterprises are more likely to struggle
in accessing, particularly at affordable rates, traditional sources of
capital.
(b) Study and Report.--Not later than 1 year after the date of
enactment of this Act, the Under Secretary shall--
[[Page 135 STAT. 1457]]
(1) conduct a study on opportunities for providing
alternative financing solutions to minority business
enterprises; and
(2) <<NOTE: Web posting.>> submit to Congress, and publish
on the website of the Agency, a report describing the findings
of the study carried out under paragraph (1).
SEC. 100203. <<NOTE: 15 USC 9543.>> EDUCATIONAL DEVELOPMENT
RELATING TO MANAGEMENT AND
ENTREPRENEURSHIP.
(a) Duties.--The Under Secretary shall, whenever the Under Secretary
determines such action is necessary or appropriate--
(1) promote the education and training of socially or
economically disadvantaged individuals in subjects directly
relating to business administration and management;
(2) encourage institutions of higher education, leaders in
business and industry, and other public sector entities and
private sector entities, particularly minority business
enterprises, to--
(A) develop programs to offer scholarships and
fellowships, apprenticeships, and internships relating
to business to socially or economically disadvantaged
individuals; and
(B) sponsor seminars, conferences, and similar
activities relating to business for the benefit of
socially or economically disadvantaged individuals;
(3) stimulate and accelerate curriculum design and
improvement in support of development of minority business
enterprises; and
(4) encourage and assist private institutions and
organizations and public sector entities to undertake activities
similar to the activities described in paragraphs (1), (2), and
(3).
(b) Parren J. Mitchell Entrepreneurship Education Grants.--
(1) Definition.--In this subsection, the term ``eligible
institution'' means an institution of higher education described
in any of paragraphs (1) through (7) of section 371(a) of the
Higher Education Act of 1965 (20 U.S.C. 1067q(a)).
(2) Grants.--The Under Secretary shall award grants to
eligible institutions to develop and implement entrepreneurship
curricula.
(3) Requirements.--An eligible institution to which a grant
is awarded under this subsection shall use the grant funds to--
(A) develop a curriculum that includes training in
various skill sets needed by contemporary successful
entrepreneurs, including--
(i) business management and marketing;
(ii) financial management and accounting;
(iii) market analysis;
(iv) competitive analysis;
(v) innovation;
(vi) strategic and succession planning;
(vii) marketing;
(viii) general management;
(ix) technology and technology adoption;
(x) leadership; and
(xi) human resources; and
(B) implement the curriculum developed under
subparagraph (A) at the eligible institution.
[[Page 135 STAT. 1458]]
(4) <<NOTE: Publication.>> Implementation timeline.--The
Under Secretary shall establish and publish a timeline under
which an eligible institution to which a grant is awarded under
this section shall carry out the requirements under paragraph
(3).
(5) <<NOTE: Evaluation.>> Reports.--Each year, the Under
Secretary shall submit to all applicable committees of Congress,
and as part of the annual budget submission of the President
under section 1105(a) of title 31, United States Code, a report
evaluating the awarding and use of grants under this subsection
during the fiscal year immediately preceding the fiscal year in
which the report is submitted, which shall include, with respect
to the fiscal year covered by the report--
(A) a description of each curriculum developed and
implemented under each grant awarded under this section;
(B) the date on which each grant awarded under this
section was awarded; and
(C) the number of eligible entities that were
recipients of grants awarded under this section.
TITLE III--RURAL MINORITY BUSINESS CENTER PROGRAM
SEC. 100301. <<NOTE: 15 USC 9551.>> DEFINITIONS.
In this title:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Commerce, Science, and
Transportation of the Senate; and
(B) the Committee on Financial Services of the House
of Representatives.
(2) Eligible entity.--The term ``eligible entity'' means--
(A) a minority-serving institution; or
(B) a consortium of institutions of higher education
that is led by a minority-serving institution.
(3) MBDA rural business center.--The term ``MBDA Rural
Business Center'' means an MBDA Business Center that provides
technical business assistance to minority business enterprises
located in rural areas.
(4) MBDA rural business center agreement.--The term ``MBDA
Rural Business Center agreement'' means an MBDA Business Center
agreement that establishes the terms by which the recipient of
the Federal assistance award that is the subject of the
agreement shall operate an MBDA Rural Business Center.
(5) Minority-serving institution.--The term ``minority-
serving institution'' means an institution described in any of
paragraphs (1) through (7) of section 371(a) of the Higher
Education Act of 1965 (20 U.S.C. 1067q(a)).
(6) Rural area.--The term ``rural area'' has the meaning
given the term in section 343(a) of the Consolidated Farm and
Rural Development Act (7 U.S.C. 1991(a)).
(7) Rural minority business enterprise.--The term ``rural
minority business enterprise'' means a minority business
enterprise located in a rural area.
[[Page 135 STAT. 1459]]
SEC. 100302. <<NOTE: 15 USC 9552.>> BUSINESS CENTERS.
(a) In General.--The Under Secretary may establish MBDA Rural
Business Centers.
(b) Partnership.--
(1) In general.--With respect to an MBDA Rural Business
Center established by the Under Secretary, the Under Secretary
shall establish the MBDA Rural Business Center in partnership
with an eligible entity in accordance with paragraph (2).
(2) <<NOTE: Contracts.>> MBDA agreement.--
(A) In general.--With respect to each MBDA Rural
Business Center established by the Under Secretary, the
Under Secretary shall enter into a cooperative agreement
with an eligible entity that provides that--
(i) the eligible entity shall provide space,
facilities, and staffing for the MBDA Rural
Business Center;
(ii) the Under Secretary shall provide funding
for, and oversight with respect to, the MBDA Rural
Business Center; and
(iii) subject to subparagraph (B), the
eligible entity shall match 20 percent of the
amount of the funding provided by the Under
Secretary under clause (ii), which may be
calculated to include the costs of providing the
space, facilities, and staffing under clause (i).
(B) Lower match requirement.--Based on the available
resources of an eligible entity, the Under Secretary may
enter into a cooperative agreement with the eligible
entity that provides that--
(i) the eligible entity shall match less than
20 percent of the amount of the funding provided
by the Under Secretary under subparagraph (A)(ii);
or
(ii) <<NOTE: Determination.>> if the Under
Secretary makes a determination, upon a
demonstration by the eligible entity of
substantial need, the eligible entity shall not be
required to provide any match with respect to the
funding provided by the Under Secretary under
subparagraph (A)(ii).
(C) Eligible funds.--An eligible entity may provide
matching funds required under an MBDA Rural Business
Center agreement with Federal funds received from other
Federal programs.
(3) Term.--The initial term of an MBDA Rural Business Center
agreement shall be not less than 3 years.
(4) Extension.--The Under Secretary and an eligible entity
may agree to extend the term of an MBDA Rural Business Center
agreement with respect to an MBDA Rural Business Center.
(c) Functions.--An MBDA Rural Business Center shall--
(1) primarily serve clients that are--
(A) rural minority business enterprises; or
(B) minority business enterprises that are located
more than 50 miles from an MBDA Business Center (other
than that MBDA Rural Business Center);
(2) focus on--
(A) issues relating to--
(i) the adoption of broadband internet access
service (as defined in section 8.1(b) of title 47,
Code of Federal Regulations, or any successor
regulation),
[[Page 135 STAT. 1460]]
digital literacy skills, and e-commerce by rural
minority business enterprises;
(ii) advanced manufacturing;
(iii) the promotion of manufacturing in the
United States;
(iv) ways in which rural minority business
enterprises can meet gaps in the supply chain of
critical supplies and essential goods and services
for the United States;
(v) improving the connectivity of rural
minority business enterprises through
transportation and logistics;
(vi) promoting trade and export opportunities
by rural minority business enterprises;
(vii) securing financial capital;
(viii) facilitating entrepreneurship in rural
areas; and
(ix) creating jobs in rural areas; and
(B) any other issue relating to the unique
challenges faced by rural minority business enterprises;
and
(3) provide education, training, and legal, financial, and
technical assistance to minority business enterprises.
(d) Applications.--
(1) <<NOTE: Deadline. Notice.>> In general.--Not later than
90 days after the date of enactment of this Act, the Under
Secretary shall issue a Notice of Funding Opportunity requesting
applications from eligible entities that desire to enter into
MBDA Rural Business Center agreements.
(2) Criteria and priority.--In selecting an eligible entity
with which to enter into an MBDA Rural Business Center
agreement, the Under Secretary shall--
(A) select an eligible entity that demonstrates--
(i) the ability to collaborate with
governmental and private sector entities to
leverage capabilities of minority business
enterprises through public-private partnerships;
(ii) the research and extension capacity to
support minority business enterprises;
(iii) knowledge of the community that the
eligible entity serves and the ability to conduct
effective outreach to that community to advance
the goals of an MBDA Rural Business Center;
(iv) the ability to provide innovative
business solutions, including access to
contracting opportunities, markets, and capital;
(v) the ability to provide services that
advance the development of science, technology,
engineering, and math jobs within minority
business enterprises;
(vi) the ability to leverage resources from
within the eligible entity to advance an MBDA
Rural Business Center;
(vii) that the mission of the eligible entity
aligns with the mission of the Agency;
(viii) the ability to leverage relationships
with rural minority business enterprises; and
(ix) a referral relationship with not less
than 1 community-based organization; and
[[Page 135 STAT. 1461]]
(B) give priority to an eligible entity that--
(i) is located in a State or region that has a
significant population of socially or economically
disadvantaged individuals;
(ii) has a history of serving socially or
economically disadvantaged individuals; or
(iii) in the determination of the Under
Secretary, has not received an equitable
allocation of land and financial resources under--
(I) the Act of July 2, 1862
(commonly known as the ``First Morrill
Act'') (12 Stat. 503, chapter 130; 7
U.S.C. 301 et seq.); or
(II) the Act of August 30, 1890
(commonly known as the ``Second Morrill
Act'') (26 Stat. 417, chapter 841; 7
U.S.C. 321 et seq.).
(3) Considerations.--In determining whether to enter into an
MBDA Rural Business Center agreement with an eligible entity
under this section, the Under Secretary shall consider the needs
of the eligible entity.
SEC. 100303. <<NOTE: 15 USC 9553.>> REPORT TO CONGRESS.
Not later than 1 year after the date of enactment of this Act, the
Under Secretary shall submit to the appropriate congressional committees
a report that includes--
(1) <<NOTE: Summary.>> a summary of the efforts of the
Under Secretary to provide services to minority business
enterprises located in States that lack an MBDA Business Center,
as of the date of enactment of this Act, and especially in those
States that have significant minority populations; and
(2) <<NOTE: Recommenda- tions.>> recommendations for
extending the outreach of the Agency to underserved areas.
SEC. 100304. <<NOTE: Recommenda- tions. 15 USC
9554. Coordination.>> STUDY AND
REPORT.
(a) In General.--The Under Secretary, in coordination with relevant
leadership of the Agency and relevant individuals outside of the
Department of Commerce, shall conduct a study that addresses the ways in
which minority business enterprises can meet gaps in the supply chain of
the United States, with a particular focus on the supply chain of
advanced manufacturing and essential goods and services.
(b) Report.--Not later than 1 year after the date of enactment of
this Act, the Under Secretary shall submit to the appropriate
congressional committees a report that includes the results of the study
conducted under subsection (a), which shall include recommendations
regarding the ways in which minority business enterprises can meet gaps
in the supply chain of the United States.
TITLE IV--MINORITY BUSINESS DEVELOPMENT GRANTS
SEC. 100401. <<NOTE: 15 USC 9561.>> GRANTS TO NONPROFIT
ORGANIZATIONS THAT SUPPORT MINORITY
BUSINESS ENTERPRISES.
(a) Definition.--In this section, the term ``covered entity'' means
a private nonprofit organization that--
[[Page 135 STAT. 1462]]
(1) is described in paragraph (3), (4), (5), or (6) of
section 501(c) of the Internal Revenue Code of 1986 and exempt
from tax under section 501(a) of such Code; and
(2) can demonstrate that a primary activity of the
organization is to provide services to minority business
enterprises, whether through education, making grants or loans,
or other similar activities.
(b) Purpose.--The purpose of this section is to make grants to
covered entities to help those covered entities continue the necessary
work of supporting minority business enterprises.
(c) Designation of Office.--
(1) <<NOTE: Deadline.>> In general.--Not later than 180
days after the date of enactment of this Act, the Under
Secretary shall designate an office to make and administer
grants under this section.
(2) Considerations.--In designating an office under
paragraph (1), the Under Secretary shall ensure that the office
designated has adequate staffing to carry out the
responsibilities of the office under this section.
(d) Application.--A covered entity desiring a grant under this
section shall submit to the Under Secretary an application at such time,
in such manner, and containing such information as the Under Secretary
may require.
(e) Priority.--The Under Secretary shall, in carrying out this
section, prioritize granting an application submitted by a covered
entity that is located in a federally recognized area of economic
distress.
(f) Use of Funds.--A covered entity to which a grant is made under
this section may use the grant funds to support the development, growth,
or retention of minority business enterprises.
(g) Procedures.--The Under Secretary shall establish procedures to--
(1) discourage and prevent waste, fraud, and abuse by
applicants for, and recipients of, grants made under this
section; and
(2) ensure that grants are made under this section to a
diverse array of covered entities, which may include--
(A) covered entities with a national presence;
(B) community-based covered entities;
(C) covered entities with annual budgets below
$1,000,000; or
(D) covered entities that principally serve low-
income and rural communities.
(h) <<NOTE: Deadline.>> Inspector General Audit.--Not later than
180 days after the date on which the Under Secretary begins making
grants under this section, the Inspector General of the Department of
Commerce shall--
(1) conduct an audit of grants made under this section,
which shall seek to identify any discrepancies or irregularities
with respect to those grants; and
(2) <<NOTE: Reports.>> submit to Congress a report
regarding the audit conducted under paragraph (1).
(i) <<NOTE: Reports.>> Updates to Congress.--Not later than 90 days
after the date on which the Under Secretary makes the designation
required under subsection (c), and once every 30 days thereafter, the
Under Secretary shall submit to Congress a report that contains--
(1) the number of grants made under this section during the
period covered by the report; and
[[Page 135 STAT. 1463]]
(2) with respect to the grants described in paragraph (1)--
(A) the geographic distribution of those grants by
State and county;
(B) if applicable, demographic information with
respect to the minority business enterprises served by
the covered entities to which the grants were made; and
(C) information regarding the industries of the
minority business enterprises served by the covered
entities to which the grants were made.
TITLE V--MINORITY BUSINESS ENTERPRISES ADVISORY COUNCIL
SEC. 100501. <<NOTE: 15 USC 9571.>> PURPOSE.
The Under Secretary shall establish the Minority Business
Enterprises Advisory Council (referred to in this title as the
``Council'') to advise and assist the Agency.
SEC. 100502. <<NOTE: 15 USC 9572.>> COMPOSITION AND TERM.
(a) Composition.--The Council shall be composed of 9 members of the
private sector and 1 representative from each of not fewer than 10
Federal agencies that support or otherwise have duties that relate to
business formation, including duties relating to labor development,
monetary policy, national security, energy, agriculture, transportation,
and housing.
(b) Chair.--The Under Secretary shall designate 1 of the private
sector members of the Council as the Chair of the Council for a 1-year
term.
(c) Term.--The Council shall meet at the request of the Under
Secretary and members shall serve for a term of 2 years. Members of the
Council may be reappointed.
SEC. 100503. <<NOTE: 15 USC 9573.>> DUTIES.
(a) In General.--The Council shall provide advice to the Under
Secretary by--
(1) serving as a source of knowledge and information on
developments in areas of the economic and social life of the
United States that affect socially or economically disadvantaged
business concerns;
(2) providing the Under Secretary with information regarding
plans, programs, and activities in the public and private
sectors that relate to socially or economically disadvantaged
business concerns; and
(3) advising the Under Secretary regarding--
(A) any measures to better achieve the objectives of
this division; and
(B) problems and matters the Under Secretary refers
to the Council.
(b) Capacity.--Members of the Council shall not be compensated for
service on the Council but may be allowed travel expenses, including per
diem in lieu of subsistence, in accordance with subchapter I of chapter
57 of title 5, United States Code.
(c) Termination.--Notwithstanding section 14 of the Federal Advisory
Committee Act (5 U.S.C. App.), the Council shall terminate on the date
that is 5 years after the date of enactment of this Act.
[[Page 135 STAT. 1464]]
TITLE VI--FEDERAL COORDINATION OF MINORITY BUSINESS PROGRAMS
SEC. 100601. <<NOTE: 15 USC 9581.>> GENERAL DUTIES.
The Under Secretary may coordinate, as consistent with law, the
plans, programs, and operations of the Federal Government that affect,
or may contribute to, the establishment, preservation, and strengthening
of socially or economically disadvantaged business concerns.
SEC. 100602. <<NOTE: Coordination. 15 USC 9582.>> PARTICIPATION
OF FEDERAL DEPARTMENTS AND AGENCIES.
The Under Secretary shall--
(1) <<NOTE: Consultation.>> consult with other Federal
agencies and departments as appropriate to--
(A) develop policies, comprehensive plans, and
specific program goals for the programs carried out
under subtitle B of title I and title III;
(B) establish regular performance monitoring and
reporting systems to ensure that goals established by
the Under Secretary with respect to the implementation
of this division are being achieved; and
(C) <<NOTE: Evaluation.>> evaluate the impact of
Federal support of socially or economically
disadvantaged business concerns in achieving the
objectives of this division;
(2) <<NOTE: Review.>> conduct a coordinated review of all
proposed Federal training and technical assistance activities in
direct support of the programs carried out under subtitle B of
title I and title III to ensure consistency with program goals
and to avoid duplication; and
(3) convene, for purposes of coordination, meetings of the
heads of such Federal agencies and departments, or their
designees, the programs and activities of which may affect or
contribute to the carrying out of this division.
TITLE VII--ADMINISTRATIVE POWERS OF THE AGENCY; MISCELLANEOUS PROVISIONS
SEC. 100701. <<NOTE: 15 USC 9591.>> ADMINISTRATIVE POWERS.
(a) In General.--In carrying out this division, the Under Secretary
may--
(1) adopt and use a seal for the Agency, which shall be
judicially noticed;
(2) hold hearings, sit and act, and take testimony as the
Under Secretary may determine to be necessary or appropriate to
carry out this division;
(3) acquire, in any lawful manner, any property that the
Under Secretary determines to be necessary or appropriate to
carry out this division;
(4) <<NOTE: Contracts.>> with the consent of another
Federal agency, enter into an agreement with that Federal agency
to utilize, with or without reimbursement, any service,
equipment, personnel, or facility of that Federal agency;
[[Page 135 STAT. 1465]]
(5) <<NOTE: Coordination.>> coordinate with the heads of
the Offices of Small and Disadvantaged Business Utilization of
Federal agencies;
(6) <<NOTE: Procedures.>> develop procedures under which
the Under Secretary may evaluate the compliance of a recipient
of assistance under this Act with the requirements of this Act;
(7) deobligate assistance provided under this Act to a
recipient that has demonstrated an insufficient level of
performance with respect to the assistance, or has engaged in
wasteful or fraudulent spending; and
(8) <<NOTE: Determination. Effective date.>> provide that a
recipient of assistance under this Act that has demonstrated an
insufficient level of performance with respect to the
assistance, or has engaged in wasteful or fraudulent spending,
shall be ineligible to receive assistance under this Act for a
period determined by the Under Secretary, consistent with the
considerations under section 180.865 of title 2, Code of Federal
Regulations (or any successor regulation), beginning on the date
on which the Under Secretary makes the applicable finding.
(b) Use of Property.--
(1) In general.--Subject to paragraph (2), in carrying out
this division, the Under Secretary may, without cost (except for
costs of care and handling), allow any public sector entity, or
any recipient nonprofit organization, for the purpose of the
development of minority business enterprises, to use any real or
tangible personal property acquired by the Agency in carrying
out this division.
(2) Terms, conditions, reservations, and restrictions.--The
Under Secretary may impose reasonable terms, conditions,
reservations, and restrictions upon the use of any property
under paragraph (1).
SEC. 100702. <<NOTE: 15 USC 9592.>> FEDERAL ASSISTANCE.
(a) In General.--
(1) Provision of federal assistance.--To carry out sections
___101, ___102, and ___103(a), the Under Secretary may provide
Federal assistance to public sector entities and private sector
entities in the form of grants or cooperative agreements.
(2) <<NOTE: Deadline. Publication.>> Notice.--Not later
than 120 days after the date on which amounts are appropriated
to carry out this section, the Under Secretary shall, in
accordance with subsection (b), broadly publish a statement
regarding Federal assistance that will, or may, be provided
under paragraph (1) during the fiscal year for which those
amounts are appropriated, including--
(A) the actual, or anticipated, amount of Federal
assistance that will, or may, be made available;
(B) the types of Federal assistance that will, or
may, be made available;
(C) the manner in which Federal assistance will be
allocated among public sector entities and private
sector entities, as applicable; and
(D) the methodology used by the Under Secretary to
make allocations under subparagraph (C).
(3) Consultation.--The Under Secretary shall consult with
public sector entities and private sector entities, as
applicable, in deciding the amounts and types of Federal
assistance to make available under paragraph (1).
[[Page 135 STAT. 1466]]
(b) Publicity.--In carrying out this section, the Under Secretary
shall broadly publicize all opportunities for Federal assistance
available under this section, including through the means required under
section ___116.
SEC. 100703. <<NOTE: 15 USC 9593.>> RECORDKEEPING.
(a) <<NOTE: Disclosure.>> In General.--Each recipient of assistance
under this division shall keep such records as the Under Secretary shall
prescribe, including records that fully disclose, with respect to the
assistance received by the recipient under this division--
(1) the amount and nature of that assistance;
(2) the disposition by the recipient of the proceeds of that
assistance;
(3) the total cost of the undertaking for which the
assistance is given or used;
(4) the amount and nature of the portion of the cost of the
undertaking described in paragraph (3) that is supplied by a
source other than the Agency;
(5) the return on investment, as defined by the Under
Secretary; and
(6) any other record that will facilitate an effective audit
with respect to the assistance.
(b) Access by Government Officials.--The Under Secretary, the
Inspector General of the Department of Commerce, and the Comptroller
General of the United States, or any duly authorized representative of
any such individual, shall have access, for the purpose of audit,
investigation, and examination, to any book, document, paper, record, or
other material of the Agency or an MBDA Business Center.
SEC. 100704. <<NOTE: 15 USC 9594.>> REVIEW AND REPORT BY
COMPTROLLER GENERAL.
Not later than 4 years after the date of enactment of this Act, the
Comptroller General of the United States shall--
(1) conduct a thorough review of the programs carried out
under this division; and
(2) submit to Congress a detailed report of the findings of
the Comptroller General of the United States under the review
carried out under paragraph (1), which shall include--
(A) <<NOTE: Evaluation.>> an evaluation of the
effectiveness of the programs in achieving the purposes
of this division;
(B) a description of any failure by any recipient of
assistance under this division to comply with the
requirements under this division; and
(C) <<NOTE: Recommenda- tions.>> recommendations
for any legislative or administrative action that should
be taken to improve the achievement of the purposes of
this division.
SEC. 100705. <<NOTE: 15 USC 9595.>> BIANNUAL REPORTS;
RECOMMENDATIONS.
(a) <<NOTE: Web posting.>> Biannual Report.--Not later than 1 year
after the date of enactment of this Act, and 90 days after the last day
of each odd-numbered year thereafter, the Under Secretary shall submit
to Congress, and publish on the website of the Agency, a report of each
activity of the Agency carried out under this division during the period
covered by the report.
(b) Recommendations.--The Under Secretary shall periodically submit
to Congress and the President recommendations for legislation or other
actions that the Under Secretary determines to be necessary or
appropriate to promote the purposes of this division.
[[Page 135 STAT. 1467]]
SEC. 100706. <<NOTE: 15 USC 9596.>> SEPARABILITY.
If a provision of this division, or the application of a provision
of this division to any person or circumstance, is held by a court of
competent jurisdiction to be invalid, that judgment--
(1) shall not affect, impair, or invalidate--
(A) any other provision of this division; or
(B) the application of this division to any other
person or circumstance; and
(2) shall be confined in its operation to--
(A) the provision of this division with respect to
which the judgment is rendered; or
(B) the application of the provision of this
division to each person or circumstance directly
involved in the controversy in which the judgment is
rendered.
SEC. 100707. <<NOTE: 15 USC 9597.>> EXECUTIVE ORDER 11625.
The powers <<NOTE: Determination.>> and duties of the Agency shall
be determined--
(1) in accordance with this division and the requirements of
this division; and
(2) without regard to Executive Order 11625 (36 Fed. Reg.
19967; relating to prescribing additional arrangements for
developing and coordinating a national program for minority
business enterprise).
SEC. 100708. <<NOTE: 15 USC 9598.>> AUTHORIZATION OF
APPROPRIATIONS.
There are authorized to be appropriated to the Under Secretary
$110,000,000 for each of fiscal years 2021 through 2025 to carry out
this division, of which--
(1) a majority shall be used in each such fiscal year to
carry out the MBDA Business Center Program under subtitle B of
title I, including the component of that program relating to
specialty centers; and
(2) $20,000,000 shall be used in each such fiscal year to
carry out title III.
Approved November 15, 2021.
LEGISLATIVE HISTORY--H.R. 3684:
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HOUSE REPORTS: No. 117-70 and Pt. 2 (both from Comm. on Transportation
and Infrastructure).
CONGRESSIONAL RECORD, Vol. 167 (2021):
June 30, July 1, considered and passed House.
July 30, Aug. 1-5, 7-10, considered and passed Senate,
amended.
Sept. 27, 28, Oct. 1, Nov. 5, House considered and concurred
in Senate amendment.
DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2021):
Nov. 15, Presidential remarks.
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